Term
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Definition
| use of litigation devices for improper purposes |
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Term
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Definition
| employee who, because of the nature of his employment contract, can be discharged at any time for any reason. |
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Term
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Definition
| common law cause of action equated with intentional misrepresentation also referred to as fraud. |
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Term
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Definition
| relationship based on trust and confidence imposing an obligation to act in good faith. |
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Term
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Definition
| defect that is invisible or not readily discoverable. |
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Term
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Definition
| substantial and unreasonable interference with a plaintiff's interest; includes public and private nuisance. |
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Term
| What are the elements of Intentional Misrepresentation? |
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Definition
*Misrepresentation
*Made knowingly or recklessly
*Intent to induce plaintiff's reliance
*Justifiable reliance by plaintiff
*Causation *Damages |
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Term
| What are the elements of Negligent Misrepresentation? |
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Definition
*Misrepresentation (business or professional)
*Made negligently
*Justifiable reliance by plaintiff
*Causation *Damages |
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Term
| What are the elements of Innocent Misrepresentation? (strict liability) |
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Definition
*Misrepresentation (transaction/products liability)
*Made innocently
*Justifiable reliance by plaintiff
*Causation *Damages |
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Term
| What are the two business torts? |
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Definition
*Interference with existing contractual relationships
*Interference with prospective contractual relationships |
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Term
| What are the main litigation torts? |
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Definition
*malicious prosecution
*wrongful institution of civil proceedings
*abuse of process |
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Term
| What are the criteria for a private nuisance? |
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Definition
*substantial/unreasonable interference
*use/enjoyment of another's land |
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Term
| What are the criteria for a public nuisance? |
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Definition
*substantial/unreasonable interference
*right common to public
*injury particular in kind to plaintiff |
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Term
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Definition
| defect visible or readily discoverable |
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Term
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Definition
| Defendant institutes criminal proceedings against plaintiff but has no probable cause and acts out of motives other than a sense of bringing plaintiff to justice |
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Term
| Wrongful Institution of Civil Proceedings: |
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Definition
| defendant institutes civil proceedings against plaintiff but has no probable cause, and acts out of motives other than seeking compensation for the wrong suffered |
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Term
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Definition
| defendant uses litigation devices for improper purposes |
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Term
| What types of damages are awarded for misrepresentation? |
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Definition
*reliance: putting p in position she was prior to misrepresentation
*benefit of the bargain: putting p in position she would have been in had the misrepresented facts have been true. |
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