Relying on an incorrect list of the elements of the tort provided and argued by both the plaintiff and the defendants, the district court granted summary judg- ment based on Delloma's inability to show malice. 232 Ill. App. Therefore, the short answer is that to require the plaintiff to allege and show malice when the defendants' actions were not privileged is error. The resolution of this question is not dispositive, however, un- less the defendants' conduct was not privileged. 196 Ill. App.
Privilege exists if the defendant acted in good faith to protect an interest or uphold a duty.
Also the defendant's statement must be limited in scope to that purpose, and must be made on a proper occasion, in a proper manner and to proper parties only. Defendant Brown made the statement at issue in response to a direct inquiry by a prospective employer. Delloma argues that Brown had no interest or duty in responding to Samples. An employer owes no apparent legal duty to any other employer. Brown had no legal obligation to respond to Samples.