Multiple choice

Which one of the following is not an essential element of the tort of malicious prosecution?

  1. Damage caused to the plaintiff

  2. Absence of reasonable and probable cause

  3. Termination of the case in favour of the plaintiff

  4. Prosecution of the defendant by the plaintiff
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D Correct answer
Explanation

Prosecution of the defendant by the plaintiff is not an essential element of the tort of malicious prosecution. Prosecution of the plaintiff by the defendant is not an essential element of the tort of malicious prosecution.

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