Wednesday, October 5, 2016

Prima facie tort.

Practice point:  The elements of a cause of action alleging prima facie tort are: (1) the intentional infliction of harm, (2) which results in special damages, (3) without any excuse or justification, (4) by an act or a series of acts which would otherwise be lawful. To make out a claim sounding in prima facie tort, a plaintiff must have suffered specific and measurable loss, which requires an allegation of special damages, that is, the loss of something having economic or pecuniary value.

Student note:  Prima facie tort provides a remedy for intentional and malicious actions that cause harm and for which no traditional tort provides a remedy. It does not to provide a catch-all alternative for every cause of action which cannot stand on its own.

Case:  Berland v.. Chi, NY Slip Op 06188 (2d Dep't September 28, 2016)

Here is the decision.

Tomorrow's issue: A trivial defect is nonactionable.