Other Torts Flashcards
malicious prosecution definition
D initiates a frivolous charge or claim against P with an improper purpose
eg filing a false police report
malicious prosecution elements
- D commenced prior legal proceeding against P
- Prior proceeding terminated in P’s favor
- No probable cause for OG proceeding
- D had an improper purpose in initiating proceeding
- Damages
NOTE: prosecutor are immune
abuse of process definition
D uses legal systemt as an ulterior purpose to threaten or act against P
abuse of process elements
- wrongful use of process for an ulterior purpose
- definite act or threat against P to accomplish an ulterior purpose
intentional interference with business relations (IIBR) definition
arises when a 3P interferes with an existing contract
aka tortious interference with contract
IIBR elements
Elements
1. P has a valid contractual relationship or business expectancy (with D or 3P)
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 P’s contract or expectancy
5. Damages
IIBR defense
Privilege defense: D’s conduct may be privileged when its a proper attempt to obtain business or protect his interests
eg competing for P’s customers
intentional misrepresentation
fraud or deceit
- D misrepresents a past or present material fact
- D knows or believes the misrepresentation is false (scienter)
- D intends to induce P to act or refrain from acting in reliance of misrepresentation
- Actual and justifiable reliance by P (causation)
- Damages (monetary loss)
negligent misrepresentation
- D misrepresents a past or present material fact in a business or professional setting
- Breach of duty of care owed to particular P
- actual and justifiable reliance by P
- Damages (monetary loss)
