Questions and Answers of Administrative Law

How does intentional misrepresentation differ from negligent and innocent misrepresentation?
What is the doctrine of caveat emptor?
Is nondisclosure grounds for misrepresentation?If yes, under what circumstances?
Is making a statement that is a half-truth grounds for misrepresentation?
How do the courts treat transactions involving parties having a fiduciary relationship differently than transactions that are done at “arm’s length”?
To what group of persons is a defendant liable if they make a misrepresentation?
What state of mind is required for intentional misrepresentation?
Is a defendant liable if a plaintiff relies on the defendant’s misrepresentation but also conducts an investigation of their own?
Under what circumstances is a plaintiff justified in relying on a defendant’s opinion?
How do courts treat statements by defendants that could be characterized asa. puffing?b. opinion by a disinterested party?c. opinion implying facts?d. prediction?e. statement of intentions?
What do plaintiffs have to prove in terms of causation?
What is the difference between a reliance measure of damages and a benefits-of-the-bargain measure?
In what ways do the courts treat negligent misrepresentation differently than they do intentional misrepresentation?
Under what circumstances are today’s courts willing to allow recovery for innocent misrepresentation?
How do express and implied warranty theory apply in cases of innocent misrepresentation?
Why is nuisance referred to as the “legal garbage can”?
What is the difference between private and public nuisance?
What are the elements of public nuisance?a. Why must the plaintiff prove that they suffered damages peculiar to them?b. In what way have the courts struggled with the concept of “particular
What are the elements of private nuisance?a. How does private nuisance differ from trespass?b. What is considered “substantial interference”?c. Must the defendant’s conduct be intentional?d.
Why has nuisance enjoyed a resurgence?a. What is CERCLA?b. What advantages over CERCLA does a nuisance claim offer a plaintiff?c. What advantages over CERCLA does a nuisance claim offer a
What are the elements of interference with existing contractual relations?a. Is this tort committed by offering a third person a better price, knowing that doing so could induce this person to breach
How does interference with prospective contractual relations differ from the tort of interference with existing contractual relations?
What are the elements of malicious prosecution?a. Which is the most difficult element to prove, and why?b. Why are prosecutors and police officers rarely sued for this tort?
What does it mean that the plaintiff must have actively participated in instigating the prosecution in malicious prosecution?
How does the tort of wrongful institution of civil proceedings differ from malicious prosecution?
Under what circumstances is someone liable for abuse of process?
True Or False The common law action of deceit required that the plaintiff lose money or property as a result of relying on the defendant’s representation.
True Or False Misrepresentation is broader than deceit.
True Or False To recover for intentional misrepresentation, a plaintiff must prove that the defendant knew the misrepresentation was false or acted with reckless indifference to the truth.
True Or False Misrepresentation cannot consist of actions alone or just of concealing a fact.
True Or False A defendant cannot be found liable for misrepresentation if he makes a statement that is a half-truth.
True Or False If a fiduciary duty exists there is a more demanding obligation to disclose information.
True Or False Defendants who incorporate misstatements into commercial documents are liable to those who suffer as a result of their reliance on the truth of those statements even if the defendants
True Or False A defendant possesses the requisite state of mind for intentional misrepresentation if they make a statement that is merely a belief but represents it as actual knowledge.
True Or False The defendant is still liable even if the plaintiff relied mainly on their own investigation rather than the defendant’s misrepresentation.
True Or False A plaintiff is never entitled to rely on an opinion by the defendant.
True Or False “Puffing” is an actionable form of misrepresentation.
True Or False A plaintiff may be able to recover if a defendant expresses an opinion implying that no facts incompatible with that opinion exist.
True Or False A defendant can be found liable for a prediction if he knows of facts inconsistent with that prediction.
True Or False If a defendant promises to buy the plaintiff’s house for $100,000 but actually has no intention of doing so, and the plaintiff sues for breach of contract, the defendant will probably
True Or False Damages for misrepresentation can include being put in the position you were in before or be put in the position had the misrepresented facts been true.
True Or False Negligent misrepresentation has a different element than intentional misrepresentation.
True Or False A plaintiff is most likely to recover for negligent misrepresentation when the defendant has a pecuniary interest in or makes false statements during a business transaction.
True Or False A defendant who is aware that a negligent misrepresentation will be passed on to a limited number of people will be liable even if they are unaware of their precise identity.
True Or False Modern courts generally allow recovery for innocent misrepresentation under the same circumstances as they would allow recovery for intentional or negligent misrepresentation.
True Or False Innocent misrepresentation is a viable cause of action in product liability cases even when the plaintiff does not buy the product directly from the defendant.
True Or False To sustain a claim for private nuisance, the plaintiff must have an interest in the land that has been affected by the defendant’s activities.
True Or False Recovery for public nuisance is allowed even if only the plaintiff is injured, as long as that injury occurs in a public place.
True Or False In a public nuisance case, the harm done must be nominal.
True Or False A legislature does not have the right to declare conduct that is detrimental to the welfare of its citizens to be a public nuisance.
True Or False To prove private nuisance, a plaintiff must show that the defendant’s conduct was intentional, negligent, or abnormally dangerous.
True Or False A plaintiff can recover for public nuisance only if something physical enters the plaintiff’s property and causes a substantial interference.
True Or False An abnormally sensitive plaintiff may be precluded from recovery for private nuisance.
True Or False Interference is considered “substantial” for purposes of public nuisance if the plaintiff is inconvenienced or is exposed to an unpleasant sensory experience.
True Or False To recover on a private-nuisance claim, a plaintiff must prove that the defendant intended to interfere with the plaintiff’s use and enjoyment of their land.
True Or False Even if a defendant intentionally interfered with the plaintiff’s use of their land, some courts require that the plaintiff prove that the harm they suffered was greater than the
True Or False A plaintiff suing for private nuisance can always seek to recover compensatory damages or to obtain an injunction.
True Or False Coming to the nuisance can be a defense to a private-nuisance claim.
True Or False Nuisance claims have the advantage over CERCLA claims in that they allow plaintiffs to recover more in damages and to obtain injunctions more easily.
True Or False Under CERCLA, defendants are liable only for the contamination they actually cause.
True Or False Remedies under nuisance law are contingent on balancing the costs and benefits of the nuisance, but such balancing is not required under CERCLA.
True Or False Under CERCLA, designing and monitoring cleanup of hazardous waste is easier than with nuisance claims.
True Or False Settlements are more common in nuisance cases rather than CERCLA.
True Or False In deciding whether the tort of interference with existing contractual relations has been committed, courts consider the purpose and motive of the defendant as well as the social
True Or False Offering a better price to a third person, knowing that this could induce this person to breach their contract with the plaintiff, does not constitute interference with contractual
True Or False A plaintiff in a breach of existing contractual relations claims can recover for pecuniary losses but not for emotional harm.
True Or False A plaintiff in a breach of existing contractual relations claims cannot recover for breach of contract against the person the defendant induced to breach the contract.
True Or False A defendant is not considered to have interfered with prospective contractual relations if they drive a plaintiff out of business, as long as they do not act in malice or do something
True Or False In an interference with business relations case, a plaintiff may recover emotional damages.
True Or False A defendant is given more leeway with what they can do to interfere with a prospective contract than with an existing contract.
True Or False The plaintiff in a misuse-of-legal-process case was originally the defendant in the cause of action leading up to the misuse-of-legalprocess case.
True Or False To recover for the tort of malicious prosecution, the proceedings must be concluded in the plaintiff’s favor.
True Or False Proceedings are not deemed to have concluded in favor of the plaintiff for the purpose of malicious prosecution if the prosecutor declines not to prosecute.
True Or False Proving lack of probable cause is usually the easiest part of a plaintiff’s malicious prosecution case and is easier to prove in these cases than in cases of wrongful institution of
True Or False A defendant must actively participate in the prosecution for there to be a malicious prosecution case.
True Or False Proving lack of probable cause in a maliciousprosecution case is automatic if the plaintiff is acquitted.
True Or False To prove improper purpose in a maliciousprosecution case, the plaintiff must show that the defendant acted with malice or for some reason other than seeing that justice would be done.
True Or False Prosecutors and police officers are the most frequent defendants in malicious-prosecution suits.
True Or False Wrongful institution of civil proceedings cannot arise out of administrative or bankruptcy proceedings.
True Or False Abuse of process does not occur if the primary purpose of the proceedings is justified, even if the defendant has some ulterior motive.
The tort of ____________ refers to a plaintiff’s right to possess his property, whereas the tort of ____________ refers to a plaintiff’s right to use and enjoy his property.
For a plaintiff to recover for public nuisance, the harm caused by the defendant’s conduct must be ____________.
The ____________ ____________ element of private nuisance requires that the plaintiff suffer an injury different in kind from that suffered by the rest of the community.
A defendant in a nuisance action can argue that the plaintiff ____________ ____________ ____________ ____________ in that the nuisance existed before the plaintiff purchased her property.
__________ is a federal law that can result in cleanup of hazardous waste cases.
____________ ____________ occurs when a defendant intentionally or negligently induces someone to breach a contract with the plaintiff.
To recover for the tort of ____________ ____________, the plaintiff must prove that the defendant instituted criminal proceedings without probable cause and for purposes other than bringing the
Filing a counterclaim solely for the purpose of delaying proceedings is an example of ____________ ____________ ____________ ____________ ____________.
____________ ____________ ____________ occurs when a person misuses a litigation device.
Deceita. is broader than the tort of misrepresentation.b. is the origin of the tort of misrepresentation.c. can be based on a mental state of intentional or innocent misrepresentation.d. all of the
Failure to disclose a material facta. constituted misrepresentation under the common law.b. is not considered misrepresentation today because of the doctrine of caveat emptor.c. is more likely to be
Under misrepresentation a defendant is liablea. even if the plaintiff’s reliance did not occur in the type of transaction the defendant could reasonably expect the plaintiff to engage in as a
In regard to misrepresentation, a plaintiffa. is never entitled to rely on a defendant’s opinion.b. is entitled to rely on a defendant’s opinion if the defendant purports to have special
In a case of misrepresentation,a. a plaintiff’s losses may be measured by using either a reliance or benefits-of-thebargain measure.b. the plaintiff does not have to prove that they suffered actual
For a misrepresentation, a defendanta. is not liable for negligent misrepresentation if they do not receive compensation directly from the plaintiff.b. is liable to those whom they intend to reach
Reasons a plaintiff may find advantages to filing a nuisance claim over a CERCLA claim include:a. they can recover more in damages.b. they have a broader parameter of liability.c. they can obtain
The “special-injury” requirement for private nuisancea. operates as a barrier to many plaintiffs who want to bring claims as a result of environmental hazards.b. can be met by showing that the
Which of the following are required for a malicious prosecution case?a. The defendant must actively participate in instigating the prosecution.b. The proceedings must have been in the defendant’s
A defendanta. will not be considered to have committed a breach of existing contractual relations if they are merely trying to protect their own interests.b. is not privileged to induce a breach of
In what types of cases is strict liability an appropriate theory of recovery?

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