§ 8351. Wrongful use of civil proceedings.
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/pa/title-42/chapter-83/8351A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 8351. 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.
42c8351v
Cross References. Section 8351 is referred to in section 8353 of this title.
42c8352s