Discuss briefly "Malicious Prosecution" and its essential elements under the law relating to Torts.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2019
Discuss briefly "Malicious Prosecution" and its essential elements under the law relating to Torts.
Answer & Explanation:
Malicious prosecution consists in instigating judicial proceedings (usually criminal) against another, maliciously and without reasonable and probable cause, which terminate in favour of that other and which results in damage to his reputation, personal freedom or property. The following are the essential elements of this tort: (i) There must have been a prosecution of the plaintiff by the defendant. (ii) There must have been want of reasonable and probable cause for that prosecution. (iii) The defendant must have acted maliciously (i.e. with an improper motive and not to further the end of justice). (iv) The plaintiff must have suffered damages as a result of the prosecution. (v) The prosecution must have terminated in favour of the plaintiff.
Topics: Law of Torts
Related Questions in this Topic
- Ravi owns a well-established bakery in a small village. Over the years, his business has built a strong reputation among...
- During the municipal council elections in Nagpur, Ramesh, a registered and eligible voter, reached the polling booth to ...
- Sunshine Solar Systems Private Limited operated a solar panel manufacturing plant on the outskirts of a city. As part of...
- M, while transferring petrol from a lorry to an underground tank at a garage, struck a match stick in order to light a c...
- R was working as an accountant in a firm of solicitors. While acting in the ordinary course of business he committed fra...