Abuse of process applies even when there is probable cause or when the plaintiff or prosecution succeeds in the litigation.

Question

Quizplus · Accepted Answer

Abuse of process is a separate cause of action that can be brought even when there is probable cause or when the plaintiff/prosecution succeeds in the litigation. This is because abuse of process focuses on the improper use of the legal system itself, rather than the underlying merits of the case.

Abuse of Process Applies Even When There Is Probable Cause