Misc. Torts

Question 1

Malicious Process -ITAID

Answer 1

Elements:

1. The institution of criminal proceedings against P
2. Termination in P’s favor
3. Absence of probable cause for prior proceedings
4. Improper purpose
5. Damages

Question 2

Abuse of Process -WA

Answer 2

Elements:

1. Wrongful use or process for an ulterior purpose; and
2. A definite act or threat against the P in order to accomplish and ulterior purpose.

Question 3

Interference w/Business Relations KKID

Answer 3

1. K relationship between P and 3rd party, or valid business expectancy of P.
2. Knowledge of the relationship or expectancy by D
3. Intentional interference by D including breach or termination of the relationship or expectancy and
4. Damages.

Privilege exception-where it is a proper attempt to obtain business for itself or protect its interests, particularly if D is interfering only w/P’s prospective business rather than with existing contracts.

Question 4

Wrongful Death

Answer 4

A wrongful death action grants recovery for pecuniary injury resulting to the spouse and next of kin. P will be compensated for things such as loss of support, medical expenses, funeral expenses, loss of companionship, loss of services, etc. Recovery is only allowed to the extent that the deceased could have recovered in an action had they lived. Thus, contributory negligence could reduce recovery.

Question 5

Survival Action

Answer 5

A survival action allows the decedent’s COA to survive the death of one or more of the parties. The P stands in the shoes of the decedent and sues D for decedent’s loss.

Question 6

Husband-Wife

Answer 6

Either spouse may bring an action for indirect interference with consortium and services caused by Ds intentional or negligent actions against the other spouse.

Question 7

Parent-Child

Answer 7

A parent may maintain an action for loss of a child’s services as a result of D’s tortious conduct, whether intentional or negligent. A child however, has no COA against one who tortiously injures the parent.

Question 8

Intra-Family Tort Immunities

Answer 8

Traditionally, one member of a family unity couldn’t sue another in tort for personal injury.
Modernly, they have abolished husband-wife immunity. Children can sue for intentional tortious conduct and in automobile cases to the extent of insurance coverage.