OTHER TORTS: RANDOM

Question 1

Inducement of a Breach of Contract

Answer 1

P must prove:
1) Existence of a valid contractual relationship between P and a third party or valid business expectancy of P;
2) D’s knowledge of relationship or expectancy;
3) An intentional interference by D inducing breach or termination;
4) Damages.
Defense: D’s own business interest or protection of interest.

Question 2

Malicious prosecution

Answer 2

Must be:

1) Institution of criminal proceedings against P;
2) Termination in P’s favor;
3) Absence of probable cause for prior proceedings; 4) Improper purpose; and
5) Damages

Question 3

Abuse of process

Answer 3

Must be:

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