Types of misrepresentation in tort law

What are the three types of misrepresentation in tort law? 

What constitutes a misrepresentation?

 

 

 

Is making a statement that is a half-truth grounds for misrepresentation? 

 

 

 

List the elements of intentional misrepresentation. 

 

 

 

What is caveat emptor? 

 

 

 

Does the doctrine of caveat emptor apply in Florida residential real estate transactions?

 

 

 

Do courts allow plaintiffs to recover if a defendant’s misrepresentation was an opinion? 

 

 

What is puffing? 

 

 

 

Do courts allow plaintiffs to recover if a defendant’s statement could be characterized as puffing?

 

 

 

What are the two ways monetary damages for intentional misrepresentation are measured?

 

 

 

Does Florida recognize intentional misrepresentation?

 

 

 

List the elements of negligent misrepresentation. 

 

 

 

What is the difference between intentional and negligent misrepresentation? 

 

 

 

Does Florida recognize negligent misrepresentation? 

 

 

 

What is innocent misrepresentation?

 

 

 

List the elements of innocent misrepresentation.

 

 

 

What are the two circumstances in which many courts are willing to allow recovery in innocent misrepresentation cases?

 

 

 

What is public nuisance? 

 

 

 

What are the four elements of the tort a public nuisance?

 

 

 

List three examples of general public nuisances. 

 

 

 

Does Florida have public nuisance laws?

 

 

 

List three statutory public nuisances in Florida.

 

 

 

What is private nuisance?

 

 

 

What are the three elements of private nuisance?

 

 

 

List three examples of private nuisance.

 

 

 

Does Florida have a private nuisance laws?

 

 

 

How does the Florida supreme court define a private nuisance in Florida?

 

 

 

What does CERCLA stand for & what is its purpose?

 

 

 

Explain the tort of interference with an existing contractual relation?

 

 

 

What elements must be proven to state a cause of action for interference with an existing contractual relation?

 

 

 

What kind of contract cannot serve as the basis for an interference with an existing contractual relations lawsuit?

 

 

 

When is a defendant privileged/allowed to induce a breach of contract?

 

 

 

How is interference with perspective of contractual relations different from interference with existing contractual relationship?

 

 

 

What is malicious prosecution? 

 

 

 

List the elements of malicious prosecution.

 

 

 

Why are prosecutors and police officers rarely sued for malicious prosecution? 

 

 

 

Does Florida have malicious prosecution laws? 

 

 

 

Explain the tort of wrongful institution of civil proceedings? 

 

 

 

How is wrongful institution of civil proceedings different from malicious prosecution? 

 

 

 

Explain the tort of abuse of process?

 

 

 

List the elements of the cause of action for abuse of process under Florida law.