Deck 10: Misrepresentation, Nuisance, and Other Torts

Question 1

Fraud and misrepresentation are two distinct torts.

Answer 1

False

Question 2

If a defendant induces another to breach a contract with the plaintiff, the plaintiff may have a claim for .

Answer 2

interference with existing contractual relations

Question 3

Actions alone may not constitute concealment.

Answer 3

False

Question 4

The law imposes a more demanding obligation of disclosure if there is a relationship between the parties than it does if the transaction is carried out at .

Question 5

The , which consists of four distinct torts, evolved from a law review article written by Samuel Warren and Lewis Brandeis.

Question 6

One who misrepresents something is liable to anyone who can be reasonably expected to learn about the misrepresentation, while one who misrepresents something is liable to those whom he or she intends to reach with the misrepresentation.

Question 7

To be held liable for nuisance, a defendant's interference with the plaintiff 's land must be both and .

Question 8

A nuisance differs from a trespass in that a nuisance involves interference with the plaintiff's right to (enjoy or use) his or her land, while a trespass involves interference with the plaintiff 's right to of his or her land.

Question 9

A plaintiff can measure his or her damages using either the , in which the plaintiff asks to be put in the position he or she was in before the misrepresentation, or the , in which the plaintiff asks to be put in the position he or she would have been in had the misrepresented facts been true.

Question 10

The element requires that the injuries of a private plaintiff be "different in kind" from the injuries suffered by the general community.

Question 11

authorizes the Environmental Protection Agency to clean up sites contaminated by toxic wastes.

Question 12

A nuisance can either be a nuisance in which the defendant interfered with a right common to the general public, or a nuisance in which the defendant interfered with the plaintiff's enjoyment of his or her land.

Question 13

A plaintiff is not justified in relying on the defendant's opinion unless , or _.

Question 14

Plaintiffs have no obligation to disclose the existence of latent defects.

Question 15

A plaintiff who is one who purchases property knowing in advance that a nuisance exists.

Question 16

The tort of misrepresentation is interwoven with other types of tortious behavior.

Question 17

To be held liable for misrepresentation, the defendant must intend to induce the plaintiff's on his or her misrepresentation.

Question 18

A person who convinces the state's attorney to bring charges against another he or she knows to be innocent, can be sued for . If, however, the person uses the discovery process to induce an opposing party to settle, he or she may be sued for .

Question 19

Misrepresentation arose out of the common law action of .

Question 20

Half-truths can be the basis of a misrepresentation claim.

Question 21

If a fiduciary relationship exists between the plaintiff and defendant, or if the defendant purports to have special knowledge, the plaintiff may be justified in relying on the defendant's opinion.

Question 22

If a defendant makes an opinion implying that no facts incompatible with that opinion exist (when in fact the defendant knows they do), he or she can be liable for misrepresentation.

Question 23

A person who makes a negligent misrepresentation is liable to anyone whom he or she reasonably expects to learn about the misrepresentation.

Question 24

The number of persons expected to be reached by a negligent misrepresentation must be limited.

Question 25

Manufacturers can be strictly liable for misrepresentations made in the course of advertising.

Question 26

Under modern law, if an architect supplies erroneous specifications to a builder, a subcontractor who relies on those specifications will not be able to sue the architect for misrepresentation because the specifications were not given to him or her personally.

Question 27

Plaintiffs are not entitled to rely on the opinions of others even if an opinion is expressed by a disinterested party.

Question 28

The term nuisance has never been precisely defined by the courts.

Question 29

The courts are more likely to find misrepresentation if an undisclosed fact is a material one.

Question 30

Those who incorporate misstatements into commercial documents are liable to those who suffer as a result of justifiable reliance on those misstatements.

Question 31

Defendants can never be found liable for making predictions because predictions are considered opinions.

Question 32

In some cases, a plaintiff may be justified in relying on a defendant's statement regarding the defendant's intentions.

Question 33

For purposes of intentional misrepresentation, a defendant is liable only to those whom he or she intended to influence by the misrepresentation.

Question 34

For purposes of misrepresentation, arm's-length transactions require more disclosure than transactions involving those having a fiduciary relationship.

Question 35

A defendant cannot be found liable for "puffing."

Question 36

A plaintiff can recover for misrepresentation even if the plaintiff investigated the defendant's representations and relied totally on his or her investigation in deciding to rely on those representations.

Question 37

A defendant can be liable for an innocent misrepresentation if the defendant makes a material misrepresentation during the course of trying to close a sale.

Question 38

To recover for misrepresentation, the plaintiff must prove that his or her losses were a reasonably foreseeable result of the misrepresentation.

Question 39

A defendant may never be liable for misrepresentation for making statements that are merely beliefs.

Question 40

Historically, claims for negligent misrepresentation were not allowed.

Question 41

The courts are uniform in their refusal to allow an at-will employee to sue for interference with contractual relations.

Question 42

A plaintiff suing on the basis of public nuisance can recover even if the damages the plaintiff suffered are the same as those suffered by the rest of the community.

Question 43

Assumption of risk and contributory negligence can be raised as defenses to a nuisance.

Question 44

Courts today treat "coming to the nuisance" as an absolute defense against a claim of nuisance.

Question 45

If a plaintiff is acquitted, it can be assumed, for purposes of a malicious prosecution claim, that the defendant acted without probable cause.

Question 46

All courts use a balancing test to determine whether the utility of the defendant's conduct outweighs the plaintiff's harm when deciding whether a defendant's conduct is unreasonable for purposes of a nuisance claim.

Question 47

A defendant who convinces a testator to leave the plaintiff out of his will is not liable for interference with contractual relations because no business interest is involved.

Question 48

Exposure to unpleasant sounds and odors may constitute substantial interference to justify suit for a private nuisance.

Question 49

Plaintiffs may seek an injunction but may not recover compensatory damages if they sue for a nuisance.

Question 50

For purposes of a public nuisance, it is not sufficient that only the plaintiff was injured.

Question 51

A counterclaim brought for the sole purpose of delaying a proceeding is grounds for a wrongful institution of civil proceedings suit.

Question 52

Tenants cannot sue on the basis of a private nuisance.

Question 53

A defendant need not actively induce a breach of contract to be held liable for interference with contractual relations.

Question 54

To recover for malicious prosecution, the plaintiff must prove only that the proceedings concluded in the plaintiff's favor, and that the proceedings were instigated without probable cause.

Question 55

Although a defendant may not interfere with an existing contract for purposes of gaining business for him- or herself, the defendant may do so if only a potential contract exists.

Question 56

An individual is privileged to breach a contract for the purpose of promoting social interests.

Question 57

A nuisance and a trespass are similar except that a trespass requires that interference with the land must be substantial.

Question 58

To bring a claim for interference with existing contractual relations, a plaintiff must prove the defendant intentionally or negligently caused another to breach a contract with the plaintiff.

Question 59

A plaintiff can always recover for pecuniary harm but never emotional harm if the plaintiff sues for interference with contractual relations.

Question 60

Proving lack of probable cause in a wrongful institution of civil proceedings case is more difficult than proving lack of probable cause in a malicious prosecution case.

Question 61

What balancing test do some courts use in determining whether a defendant's conduct constitutes unreasonable interference with a plaintiff's interest?

Question 62

Plaintiffs can recover higher damages and more easily obtain injunctions under CERCLA than via a nuisance claim.

Question 63

Defendants in a nuisance claim are liable only for the contamination they cause, while under CERCLA, they may be 100 percent liable.

Question 64

What must the plaintiff prove the defendant knew in order to claim intentional misrepresentation?

Question 65

What is fraud?

Question 66

What are two remedies a plaintiff can seek when alleging a private nuisance?

Question 67

What is the difference between a nuisance and a trespass?

Question 68

Nuisance claims are clearly advantageous in every respect to CERCLA claims.

Question 69

Name two circumstances in which a plaintiff is not justified in relying on the defendant's representations.

Question 70

The "special injury" requirement makes it easier for private plaintiffs to bring nuisance claims.

Question 71

What is the difference between a private and a public nuisance?

Question 72

Subpoenaing someone for the sole purpose of inducing that person to settle is grounds for an abuse of process suit.

Question 73

What are two things a plaintiff must prove if he or she alleges malicious prosecution?

Question 74

What are two things a plaintiff who is alleging interference with existing contractual relations most prove?

Question 75

What is the difference between wrongful institution of civil proceedings and abuse of process?

Question 76

Give an example of a plaintiff who "comes to a nuisance."