Assignment task: Below are three fact scenarios. Each notes a suggested (tort) cause of action. Each scenario, however, is missing one or more of the required elements to support the tort. Read each scenario and identify the missing element.
1. Malicious prosecution: Hussain is angry at his neighbour Andy over a dispute about who should pay for a fence between their two properties. Hussain is aware that Andy is a heavy drinker and often drives his car while impaired. One evening, after watching Andy lurch unsteadily out of his house and down the steps, get in his car, and drive away, Hussain phones the local police station and reports that he suspects that a driver with licence plate XXX XXX (Andy's) is driving under the influence. Police arrest Andy six blocks from his home. However, owing to a break in the chain of custody of the breathalyzer results (which clearly showed Andy was impaired), the charges against Andy are dropped.
2. Intentional infliction of mental suffering: Joanna is due to get married one week from now. Helena did not get asked to be a bridesmaid and her feelings were hurt. While out clubbing, Helena sees Joanna's fiancé Ben making out with another woman in a booth. Helena looks closer, and the "other woman" is Paulette, one of the bridesmaids. Helena is delighted. She takes a picture of Ben and Paulette in flagrante delicto (in the act) on her cellphone camera, and immediately forwards it to Joanna. Joanna breaks off the wedding. In the ensuing weeks, she falls into a depression and loses 20 pounds.
3. Passing-off: Inigo is a trend-spotter. He prides himself on picking up on trends early and capitalizing on them. While visiting a fashion show in Milan in 2011, he notices that popular designer Herve Michel (fictional) is showing all his models for fall in fringed suede Inuit-style boots. Inigo contacts an Inuit craft collective in Nunavut and orders a shipment of similar boots. He creates posters from the photos he took of the Herve Michel collection in Milan. He rents a table at a local flea market, puts up his Herve Michel photos as a backdrop, and displays his suede boots for sale.