The elements of abuse of right that may be actionable are:

(1) there must be a legal right or duty;

(2) the right is exercised in bad faith; and
(3) it is for the sole intent of prejudicing or injuring another.

law governing torts

general rule is;
all matters going in the basis of the right of action or affecting the substantive rights
of the parties are governed by the lex loci delicti or law of the place of the wrong.
actionable quality or nature of acts causing death or bodily injuries as tortuous is
therefore to be determined by reference to the lex loci, rather than the lex fori.

general principle applies in determining whether a right ripening in another jurisdiction

creates an actionable tort under the statutes of the lex foci delicti in the same manner as it
applies to common-law tort.