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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)

Citation
Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)
Parent Document
Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)
Jurisdiction
Missouri (state)
Effective Date
1986-06-10

Other Sections in This Document (52)

Full Text

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The alternate theory of a cause of action, prima facie tort, was based on acceptance of Nichols’ lawful right to evict Davis but on the further allegation that the act of terminating the tenancy was maliciously motivated by an intention to cause injury to Davis. The components of a cause of action in prima facie tort are: (1) an intentional lawful act by the defendant; (2) an intent to cause injury to the plaintiff; (3) injury to the plaintiff; and, (4) an absence of any justification or an insufficient justification for the defendant’s act. Dowd v. General Motors Acceptance Corp., 685 S.W.2d 868, 872 (Mo.App.1984).