Interference with Business Relations

Question 1

Interference with Business Relations

Prima Facie Case

Answer 1

(1) Existence of a valid contractual relationship between Plaintiff and a third party or valid business expectancy of Plaintiff;
(2) D’s knowledge of the relationship or expectancy;
(3) Intentional interference by Defendant inducing a breach or termination of the relationship or expectancy;

AND

(4) Damages

Question 2

Malicious Prosecution

Answer 2

(1) Institution of criminal proceedings against P (e.g., filing a complaint with the police)
(2) Termination in plaintiff’s favor
(3) Absence of probable cause for prior proceedings
(4) Improper purpose
(5) Damages

Note: Prosecutors are immune from this tort

Question 3

Abuse of Process

Answer 3

(1) Wrongful use of process for an ulterior purpose;

(2) Definite act or threat against Plaintiff in order to accomplish an ulterior purpose