77. Eyyon, a large oil refiner, owns a large tanker, the SS Eyyon. As the SS Eyyon, filled with oil, is approaching the port of Zedlav, its captain fails to notice a large iceberg in the ship’s path. The SS Eyyon slams into the iceberg, and discharges tens of thousands of gallons of oil into the bay surrounding Zedlav. Evidence later shows that the captain was seriously intoxicated at the time of the accident. The oil kills nearly all fish in the bay. The economy of Zedlav is a diversified one, but commercial fishers make up a significant (though minority) chunk of its local industry. The fishers bring a class action against Eyyon Corp. for their losses.

(a) On what tort theory should the fishers sue? _________________

(b) Will they recover?

Intentional misrepresentation (deceit): To recover for “intentional misrepresentation” (also called “deceit” or “fraud”), P must establish the following elements:
Misrepresentation: A misrepresentation by D;