Misrepresentation and Business Torts

Question 1

What are the elements of malicious prosecution?

Answer 1

1) Intentionally or malicious institutes criminal or civil against

2) For improper purpose

3) Legal action brought without probable cause

4) Action dismissed in favor of person against whom it was brought

Question 2

What are the elements of Wrongful Use of Civil Proceedings and **Abuse of Process?

Answer 2

Same as malicious prosecution, but no need to demonstrate probable cause!

Question 3

What are the elements of intentional misrepresentation?

Answer 3

1) Defendant’s false misrepresentation of material fact

2) Scienter (known representation was false or reckless disregard)

3) Intended to induce reliance

4) Caused plaintiff to act/refrain from acting

5) Reliance on plaintiff was justifiable

6) Economic loss by plaintiff