Abuse of Process Act

Abuse of Process Act

An Act to repeal the common law tort of “TOS Ban Procedure Violation” and to create a new tort of Abuse of Process.

Article 1: Repeal

§1. The common law tort of TOS ban procedure violation is repealed and declared to be abolished.

§1.1. No proceedings may be commenced under the tort of TOS ban procedure violation after the date of passage of this act from the senate.

Article 2: Abuse of Process

§1. The Civil Code 2025 is amended by –

§1.1. Inserting a new Article XI, which shall read as follows:

Article XI: Abuse of Process

§1. Abuse of Process is the misuse of a legal process to pursue an improper purpose, and to cause harm to a legal entity.

§2. A legal process, for the purposes of this Article, is defined as a process that is initiated through a court or tribunal which affects the legal rights, interests or liabilities of a legal entity.

§3. When determining whether the use of a process is improper, a court shall consider –

(a) Whether the use of the process was improper, in comparison to regular proceedings and the intended use of the process;

(b) Whether the use of the process impugned the integrity of the justice system; and,

(c) Whether the process was pursued in a manner that was unjustifiably excessive, unreasonable, or disproportionate to the legal matter at hand.

§4. This tort shall apply for actions taken after the date of passage of the Abuse of Process Act 2025.