Interference w/advantage relations, abuse of legal proceedings, alienation of affection and related claims

Question 1

Torts - Interference w/ advantageous relations - Elements

Answer 1

1. Worngull and officious intermeedling
2. On expectancies
3. From valid contractual obligation

Question 2

Torts - Interference w/advantage relations - Types (2)

Answer 2

1. Interference with contract or business expectancy
2. Product diparagement, trade libel or injourious falsehood

Question 3

Torts - Interference w/ advantageous relations - Interference w/contract or business expectancy / what, reqs (3)

Answer 3

Inducement to disrupte or breach contract with P

• inducement conduct is enough - breach doesnt necessarily has to happen

1. Bona Fide contract must exist or expectancy be reasonably certain
2. D must have knoweldge of contract/expectancy and intention to induce interference
3. D must play active role in disruption or breach by improper means - Offer mor emoney isnot enough

i.e. CPA induce client to fire lawyer w/o justification

Question 4

Torts - Interference w/ advantageous relations - Interference w/contract or business expectancy - DX RUle

Answer 4

P to prove actual dx suffered

Question 5

Torts - Interference w/ advantageous relations - Interference w/contract or business expectancy - DEFENSES

Answer 5

• Justifiable proper/legitimate conduct under circumstances
  
  • i.e. business competition
• If made w/prospective advantage is OK unless it is not illegal

Question 6

Torts - Interference w/ advantageous relations - Product Disparagement, trade libel or injurious falsehood / elements (3)

Answer 6

1. Publicized false statement
2. To 3rd parties
3. Disparages or casts doubt upon reliaibility or quality of competitor’s business/prduct/service

Question 7

Torts - Interference w/ advantageous relations - Product Disparagement, trade libel or injurious falsehood / DX Rule

Answer 7

Must show actual DX

• economic loss - i.e. decreas ein sales

Question 8

Torts - Interference w/ advantageous relations - Product Disparagement, trade libel or injurious falsehood / Privileges-Defenses (3)

Answer 8

1. Actual comparison of products
2. Mild puffery,sales talks
3. Defamation defenses TEMPR (truth, consent, mere opinion, privileges, retraction)

Question 9

Torts - Abuse of Legal Proceedings - Types (4)

Answer 9

1. Malicious Criminal Prosecution
2. Wrongful Civil Proceeding
3. Slander of Title by use of civil procedure
4. Gral abuse of process as wrongful use

Question 10

Torts - Abuse of Legal Proceedings - Malicious Criminal Prosecution - what, reqs

Answer 10

D’s unjstified intitiaiton of criminal proceeding that erminated in favor of P, when:

1. Absence of probable cause + P acquited on the merits
2. With Malice where only intention is subject P to justice

[P entitled to nominal dx]

Question 11

Torts - Abuse of Legal Proceedings - Malicious Criminal Prosecution - Privileges

Answer 11

Absolut for judge, prosecutor, police

Question 12

Torts - Abuse of Legal Proceedings - Worngful Civil Procedure / what, proof of dx

Answer 12

As with criminal, D’s unjustified initiation of proceeding that terminates on the merits in favour of P

• No probable cause analysis hence it is necessary to prove special dx

Question 13

Torts - Abuse of Legal Proceedings - Slander of title by use of civil process / what

Answer 13

D slander title of P by using legal process

• i.e. file litis pendens, attach liens, levy of execution, etc.

Prima facie is privileged action UNLESS ABUSE when Bad Faith or malicious intent to tie up property

Question 14

Torts - Abuse of Legal Proceedings - Slander of title by use of civil process / Dx Special Rule when blocking sale or purchase

Answer 14

P entitled to dx and legal fees necessary to clear title

Question 15

Torts - Abuse of Legal Proceedings - Gral Abuse of Process / what

Answer 15

Worngful use of legal process for ulterior purpose not related with legal claim pursuit

• ie. issue of W deposition notice to execute service of process for different proceeding

Question 16

Torts- Allienation of Affection and related claims - Types (4) (recognized by CL)

Answer 16

1. Criminal conversation: by spouse against romantic rival - abolished in most states
2. Loss of consortium
3. Child recovery for abuse of parent
4. PArent recovery for abuse of child by 3rd party

Question 17

Torts- Allienation of Affection and related claims - Loss of Consortium / what

Answer 17

Action for tortious action agaisnt spouse by 3rd party

• recoverable by both spouses
• Can be pre-post death of spouse
• i.e. loss of affection, assistance, care, companionship, support, income, etc

Question 18

Torts- Allienation of Affection and related claims - Child recovery for parent abuse

Answer 18

children right for torts against parents

• i.e. murder of parent for loss of support, also pain and suffering
• No action for mere allienation of parents affection

Question 19

Torts- Allienation of Affection and related claims - Parent Recovery for abuse of their child

Answer 19

Parents for the dead/abuse of child IF UNDER 18 y/o

• i.e. against person who had sexual intercourse with minor, or members of a sect who induce child to leave home