Issue: What are the elements of the tort of abuse of process under the second Restatement?
| Area of Law: | Litigation & Procedure |
| Keywords: | Tort claim; Abuse of process |
| Jurisdiction: | Federal |
| Cited Cases: | None |
| Cited Statutes: | Restatement (Second) of Torts § 682 |
| Date: | 07/01/2004 |
“One who uses a legal process, whether criminal or civil, against another primarily to accomplish a purpose for which it is not designed, is subject to liability to the other for harm caused by the abuse of process.” Restatement (Second) of Torts § 682 (1977). It is immaterial for an abuse of process claim whether the proceedings for which the process was obtained were terminated in plaintiff’s favor or, indeed, whether they were terminated at all. Id. at cmt. a.
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