Crossovers (Calls)

Calls

Intentional Misrepresentation (Misrepresentation)

In order to recover for intentional misrepresentation, or deceit, the plaintiff must prove that the defendant made a false statement of material fact with scienter and with an intent to induce the plaintiff’s reliance, and that the plaintiff justifiably relied, causing the plaintiff damage.

Negligent Misrepresentation (Misrepresentation)

In order to recover for negligent misrepresentation, the plaintiff must prove that the defendant breached his duty to exercise due care in acquiring and transmitting information, and made a false statement of material fact, with an intent to induce the plaintiff’s reliance, and that the plaintiff justifiably relied, causing the plaintiff damage.

Out of Pocket Damages (Misrepresentation)

Out of Pocket damages are usually considered to be the same thing as special damages since they are pecuniary in nature. However, in an action for misrepresentation, out-of-pocket damages are calculated by comparing the difference between what the plaintiff paid, to the value of what the plaintiff received.

Loss of the Benefit of the Bargain Theory (Misrepresentation)

Under the Loss of the Benefit of the Bargain Theory, special damages for misrepresentation are calculated by considering the value received by the plaintiff as compared to the value that the defendant stated the plaintiff would receive.

Private Nuisance

Private nuisance results from an act by the defendant which unreasonably interferes with the plaintiff's use or enjoyment of his or her property.

Public Nuisance

Public nuisance results from an act or conduct by the defendant which is injurious to the public in general.

Malicious Prosecution (Wrongful Litigation Torts)

Malicious Prosecution is a cause of action against a defendant who previously filed criminal or civil proceedings against the plaintiff without probable cause and with malice. The original proceeding must have ended in favor of the party who is now suing for malicious prosecution.

Abuse of Process (Wrongful Litigation Torts)

Under tort law, a person is liable for abuse of process if he previously initiated a legal proceeding against the plaintiff, with an ulterior motive, and for an improper purpose.

Disparagement (Business Torts)

Disparagement, or trade libel, is the publication of an untrue or misleading statement about another’s business or product in an attempt to influence a person not to deal with the business.

Interference With an Economic Relationship (Business Torts)

Interference with Economic Relationship is a broad cause of action alleging an intentional interference with one's business relationships. Included are interferences with contractual relationships, expected commercial relationships, and intimidation of employees, clients, etc. To prevail, the plaintiff must prove that the defendant intentionally and unlawfully interfered with the plaintiff’s business or enterprise, and that the defendant’s act resulted in commercial or economic harm to the plaintiff.

Interference With Contractual Relationship (Business Torts)

Tortious interference with a contractual relationship is one of the common forms of the tort of Interference with Economic Relationship. This tort is narrower in scope and requires the presence of a contract between the plaintiff and a third party, and an intentional inducement to breach that contract by the defendant, resulting in damages to the plaintiff.

Interference With a Prospective Advantage (Business Torts)

Interference with a Prospective Advantage is a form of Interference with Economic Relationship. The difference between this tort and Interference with Contractual Relationship is that there is no contract required to prevail in an action for Interference with a Prospective Advantage.

The plaintiff need only prove that there was a current or potential business relationship about which the defendant had knowledge, and that the defendant intentionally disrupted that relationship, causing economic harm to the plaintiff.