Discussion
With respect to the suit for damages for malicious prosecution, consider the following statements :
(a) That the plaintiff was prosecuted by the defendant
(b) The prosecution was instituted without any reasonable and probable cause
(c) The defendant acted maliciously and not with the mere intention of carrying the law into effect
(d) Plaintiff suffered damage as a result of the prosecution
Choose the correct option :
Answer: B
All (a), (b), (c) and (d) are correct.
To succeed in a suit for malicious prosecution the plaintiff must prove all of the following:
- he was prosecuted by the defendant;
- the prosecution was instituted without reasonable and probable cause;
- the defendant acted maliciously, not with the mere intention of carrying the law into effect;
- the prosecution ended in the plaintiff's favour; and
- he suffered damage as a result.
All four statements in the question are among these essentials, so any option leaving one out is incomplete.
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