ABUSE OF PROCESS Meaning and
Definition
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Abuse of process refers to the improper or unjustified use of the legal system to gain unauthorized advantages or harm another party. It involves the deliberate misuse or manipulation of legal procedures, such as filing frivolous lawsuits, seeking unwarranted court orders, or utilizing legal channels for an illicit purpose.
In legal terms, abuse of process occurs when a party initiates or continues a legal action primarily for a purpose other than the one the legal system was intended to serve. This can include harassment, intimidation, or obtaining leverage over the opposing party. The abuse typically involves actions that are not directly related to the merits of the case, but rather the intention is to exploit the legal process itself.
To constitute an abuse of process, certain elements generally need to be established, including an ulterior motive or improper purpose, an act or proceeding that is perverted or misused, and the victimization of the opposing party. The act must also cause harm to the victim, such as financial loss, reputational damage, or increased legal costs.
Abuse of process is considered a violation of the principles of justice and is generally discouraged by the legal system. Courts have the authority to dismiss or sanction parties who engage in such misconduct and may award compensation or punitive damages to the victim. The intention is to ensure the integrity and proper functioning of the legal process, preventing it from being utilized as a tool of manipulation or harassment.
