Pennsylvania § 8351 Wrongful use of civil proceedings

Pennsylvania Statutes

§ 8351 — Wrongful use of civil proceedings

Pennsylvania·Title 42 JUDICIARY AND JUDICIAL PROCEDURE·Part PART VII·Ch. 83 PARTICULAR RIGHTS AND IMMUNITIES·Subch. WRONGFUL USE OF CIVIL PROCEEDINGS

(a)Elements of action.--A person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to the other for wrongful use of civil proceedings:

(1)he acts in a grossly negligent manner or without probable cause and primarily for a purpose other than that of securing the proper discovery, joinder of parties or adjudication of the claim in which the proceedings are based; and

(2)the proceedings have terminated in favor of the person against whom they are brought.

(b)Arrest or seizure of person or property not required.--The arrest or seizure of the person or property of the plaintiff shall not be a necessary element for an action brought pursuant to this subchapter.

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(a) Elements of action.--A person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to the other for wrongful use of civil proceedings:

(1) he acts in a grossly negligent manner or without probable cause and primarily for a purpose other than that of securing the proper discovery, joinder of parties or adjudication of the claim in which the proceedings are based; and

(2) the proceedings have terminated in favor of the person against whom they are brought.

(b) Arrest or seizure of person or property not required.--The arrest or seizure of the person or property of the plaintiff shall not be a necessary element for an action brought pursuant to this subchapter.

Pennsylvania § 8351 (Wrongful use of civil proceedings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.