Abuse of Process as a Cause of Action in Connecticut
Abuse of process is a cause of action that refers to a situation where someone misuses a legal process to achieve a goal that the legal process was not intended to achieve. It occurs when an individual or entity initiates legal proceedings against another person in an improper manner primarily to accomplish a purpose that the legal system was not designed to achieve.
Section 682 of the Restatement Second (1977) of Torts states this information.
Understanding the Difference from Incidental Motives
Let’s clarify how this cause of action differs from cases where there are other motives involved.
The inclusion of the term “primarily” is crucial to exclude liability when the legal process is used for its intended purpose but has an incidental motive of spite or an ulterior purpose that benefits the defendant. In other words, the primary objective of the process must be improper for it to be considered an abuse of process.
Comment b to § 682 of the Restatement Second (1977) of Torts states this information.
Examples of Abuse of Process
Abuse of process can manifest in various ways, and some common examples include:
Delaying Tactics: Initiating legal proceedings solely to cause unnecessary delays, inconvenience, or financial strain on the other party.
Improper Seizure: Misusing the power of legal process to wrongfully seize assets or property from another individual.
Legal Recourse for Victims
When individuals fall victim to this abuse, they have legal recourse available to seek justice. By initiating a legal action for abuse of process, the affected party can hold the wrongdoer accountable and seek remedies, such as monetary damages or injunctions to prevent further misuse.
Conclusion
Abuse of process is a cause of action that allows individuals to protect themselves against the misuse of legal processes by others. Understanding this concept is crucial for recognizing situations where legal proceedings are initiated for improper purposes. By being aware of this cause of action and its elements, individuals can navigate the legal system with more confidence and take appropriate action when faced with such situations.
Find the Law
“The gravamen of an abuse of process claim is the use of a legal process . . . against another primarily to accomplish a purpose for which it is not designed . . . . The Connecticut Supreme Court pointed out that the distinction between a vexatious suit claim and one for abuse of process was that the former focused on the purported wrongful issuance of process while the latter concerned the subsequent proceedings.” Rieffel v. Johnston-Foote, AC37762 (Conn. App. Ct. Feb. 19, 2015).