BUL 4310 Chapter Notes - Chapter 1: Financial Statement, False Light, Scienter
18 Oct 2018
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Business torts: misrepresentation, contract interference, and unfair competition. In california, the tort of unfair competition includes "any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising. " The tort of interference with prospective business advantage protects economic interests that have not yet been formalized into contract. The tort of interference with contractual relations permits a plaintiff to recover damages based upon a claim that a defendant interfered with the plaintiff"s contractual relations. To be considered tortious, a defendant"s actions must substantially exceed fair competition and free expression, such as persuading a bank not to lend a competitor any more money. Fraudulent misrepresentation, known also as fraud or deceit, protects economic interests and the right to fair and honest treatment. For a fraud claim, a plaintiff must establish that the defendant intentionally misrepresented a material fact and the plaintiff relied on and was harmed by the misrepresentation.
