LAW 122 Study Guide - Final Guide: Qualified Privilege, Strict Liability, Asteroid Family

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Failing to update information (i. e selling a business and not giving any most recent changes in business profit: caveat emptor ( let the buyer beware, defendant must know at the time of making the statement that it is false (recklessness is enough but not merely carelessness, defendant must make statement with intention of misleading plaintiff (does not have to be made directly to plaintiff, plaintiff must suffer a loss because of relying on defendant info, reasonable only if someone else would"ve acted same way, not reasonable if defendant just gave an opinion or a puff, a statement may be implied by a prediction which can sometimes withstand in court. To prove: defendant made a non natural use of their land, create special danger, create special and unusual danger, something associated with non natural use must escape from form defendant"s land and cause plaintiff to suffer loss (i. e plaintiff suffers injury on defendant property does not apply, needs fault.

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