Malicious Prosecution / Abuse of Process

Pronunciation: muh-LISH-us

Torts › Intentional Torts

Definition

Malicious prosecution: (1) institution of proceedings, (2) without probable cause, (3) with malice, (4) favorable termination, (5) damages. Abuse of process: use of legal process for improper purpose — no favorable termination required. Both allow punitive damages.

Related terms

• Intentional Misrepresentation (Fraud) — Elements: (1) false representation of material fact, (2) scienter, (3) intent to induce reliance, (4) justifiable reliance, (5)…
• Negligence — A tort based on the defendant's failure to exercise reasonable care, resulting in harm to the plaintiff. Negligence…
• Intentional Torts — A category of torts requiring proof that the defendant acted with intent to cause the consequence or with…

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