Other Torts

Question 1

Malicious prosecution

Answer 1

D initiates a frivolous charge or claim against P with an improper purpose (e.g. filing a false police report)

Question 2

Malicious prosection-Elements

Answer 2

1) D commenced a prior criminal or civil legal proceeding against P
-Note prosecutors are immune
2) Prior proceeding terminated in P’s favor
3) No probably cause for the original proceeding
-I.e. D knew P was not guilty (criminal) or liable (civil) or had insufficient facts to reasonably believe in P’s guilt or fault
4) D had an improper purpose in initiating the proceeding
5) Damages

Question 3

Abuse of process

Answer 3

D uses the legal system as an ulterior purpose to threaten or act against P

Question 4

Abuse of process-Elements

Answer 4

1) Wrongful use of process for an ulterior purpose
2) Definite act or threat against P to accomplish an ulterior purpose

Question 5

Intentional misrepresentation

Answer 5

• Fraud, deceit
• Elements:
  1) D misrepresents a past or present material fact
  2) D knows or believes the misrepresentation is false
  3) D intends to induce P to act or refrain from acting in reliance on the misrepresentation
  4) Actual reliance by P (causation)
  -P must actually rely on the misrepresentation
  5) Justifiable reliance by P
  -P must be justified in relying on the misrepresentation
  6) Damages: P must suffer monetary loss

Question 6

Negligent misrepresentation

Answer 6

• Elements:
  1) D misrepresents a past or present material fact in a business or professional setting
  2) Breach of duty of care owed to a particular P (i.e. D knew P could rely on the misrepresentation)
  3) Actual and justifiable reliance by P
  4) Damages: P must suffer monetary loss

Question 7

Intentional interference with business relations

Answer 7

Arises when a third party interferes with an existing contract
-Also referred to as “tortious interference with contract”

Question 8

Intentional interference with business relations-Elements

Answer 8

1) P has a valid contractual relationship or business exepectancy
-Includes contract between P and a third party
2) D has knowledge of the relationship or expectancy
3) D intentionally interfers with that relationship
-Must be intentional: negligence is insufficient
4) D’s interference causes a breach or termination in P’s contract or expectancy
5) Damages

Question 9

Intentional interference with business relations-Privilege defenses

Answer 9

• D’s conduct may be privileged when it is a proper attempt to obtain business or protect his interests
• E.g. competing for P’s customers