Other Torts - W.A.N.K.

Question 1

What is Malicious Prosecution/Wrongful Civil Proceeding (IT AID$)?

Answer 1

• Malicious Prosecution/Wrongful Civil Proceeding (IT AID$)
  
  1. Institution of proceedings against P
     
     • must be instituted by a person (i.e. filing false report, affidavit, warrant, etc.) not Judge or Prosecutor (who both have absolute immunity)
  2. Termination favorable to P
  3. Absence of probable cause for prosecution
  4. Improper purpose of defendant
  5. D$ Damages

Question 2

What is Abuse of Process?

Answer 2

• Abuse of Process (crim and civil)
  
  1. Wrongful use of legal process
  2. for some other ulterior purpose, and
  3. Some definite act or threat was made against P to accomplish this ulterior purpose;

Question 3

What is Private Nuisance?

Answer 3

• Private nuisance is a substantial and unreasonable interference with Π’s use and enjoyment of land.
  
  1. Unreasonable: Harm (not to property value) outweighs utility (e.g. light from house billboard etc)
  2. Substantial: Offensive, inconvenient, or annoying to an average person in the community

Question 4

What is Public Nuisance and who brings suit?

Answer 4

Public nuisance: unreasonable interference with a health, safety, or property right of community

Suit typically brought by gov’t actor. Private party can bring action if he suffered unique damage

Question 5

What are Nuisance Remedies?

Answer 5

Nuisance Remedies: include money damages, injunctive relief, or abatement by self-help.

Question 6

K

What is tortious interference with a K or business relationship?

And what are the defenses?

Answer 6

• K-Tortious Interference With K or Business Relationship
  
  1. Existence of valid K relationship or valid business expectancy,
  2. D knew of the relationship or expectancy,
  3. Intentional interference by D to induce breach or termination, and
  4. Damage to P
  5. Defenses/Privileges
     
     • Proper attempt to obtain business OR
     • To protect commercial interest (ditch your cell phone carrier).