other torts

Question 1

malicious prosecution

Answer 1

1) D commenced a prior criminal or civil proceeding against P (prosecutors are immune)
2) prior proceeding terminated in P’s favor
3) no probable cause for the original proceeding
4) D had an improper purpose in initiating the proceeding
5) damages

Question 2

abuse of process

Answer 2

D wrongfully uses legal process for an ulterior motive; need definite act or threat against P to accomplish ulterior purpose

Question 3

intentional misrepresentation

Answer 3

1) D misrepresents a past/present material fact
2) D knows or believes the misrepresentation is false
3) D intends to induce P to act/refrain from acting in reliance on the misrepresentation
4) actual and justifiable reliance by P
5) monetary damages

Question 4

negligent misrepresentation

Answer 4

1) D misrepresents a past/present material fact in a business or professional setting
2) breach of duty of care owed to a particular P
3) actual and justifiable reliance
4) monetary damages

Question 5

interference with contract

Answer 5

1) P has a valid contractual relationship or business expectancy
2) D has knowledge of the relationship or expectancy
3) D intentionally interferes with that relationship
4) D’s interference causes a breach or termination of contract/expectancy
5) damages