Question

The following is incorrect about malicious prosecution in tort law:

• A. That the plaintiff was prosecuted by the defendant
• B. That the proceedings terminated in plaintiff’s favour if they are capable of such termination
• C. That there was reasonable or probable cause for the prosecution
• D. That the prosecution was instituted with a malicious intention

Answer 1

Answer: (C)

That there was reasonable or probable cause for the prosecution

Answer 2

In a malicious prosecution case, the plaintiff needs to prove that the prosecution was initiated without reasonable or probable cause. The presence of reasonable cause is what makes the prosecution lawful, thus, the statement in option (c) is incorrect. For a valid claim of malicious prosecution, there must be malice or a lack of reasonable cause in the initiation of the proceedings.