Multiple choice

Which of the following is not an essential element of a 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

Option (1) is incorrect: Damage caused to the plaintiff is an essential element of the tort of malicious prosecution.

Option (2) is incorrect: Absence of reasonable and probable cause is an essential element of the tort of malicious prosecution.

Option (3) is incorrect: Termination of the case in favour of the plaintiff is an essential element of the tort of malicious prosecution. Option (4) is correct: Prosecution of the defendant by the plaintiff is not an essential element of the tort of malicious prosecution.

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