One, 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, section 682. Insulting or fighting words, those that by their very utterance inflict injury or tend to incite an immediate breach of the peace are among the well-defined and narrowly limited classes of speech the prevention and punishment of which ... have never been thought to raise any constitutional problem. “The elements of an action for fraud and deceit based on a concealment are: (1) the accused must have concealed or suppressed a material fact, (2) the accused must have been under a duty to disclose the fact to the plaintiff, (3) the accused must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage.” Chaplinsky v. New Hampshire, 315 U.S. 568 (1942). Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248. 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, section 682. https://youtube/watch?v=155Ps_q0SUw
Posted on: Mon, 05 Jan 2015 17:25:29 +0000
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