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Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q. Which fact, if true, would have led the judges to decide the case of Wyatt v White differently?a)The bags were kept together and hence it was very difficult to assign the bags to their owners.b)Even though the bags had similar marks, the two bags contained very different things and on close examination of its contents the owners of the bags could have been distinguished.c)As the bags were of different shapes and sizes, Wyatt knew that the bags are not his own when he filed the case against White.d)A case of malicious prosecution requires an element of intent by the first party for the other person to be able to sue him.Correct answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q. Which fact, if true, would have led the judges to decide the case of Wyatt v White differently?a)The bags were kept together and hence it was very difficult to assign the bags to their owners.b)Even though the bags had similar marks, the two bags contained very different things and on close examination of its contents the owners of the bags could have been distinguished.c)As the bags were of different shapes and sizes, Wyatt knew that the bags are not his own when he filed the case against White.d)A case of malicious prosecution requires an element of intent by the first party for the other person to be able to sue him.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q. Which fact, if true, would have led the judges to decide the case of Wyatt v White differently?a)The bags were kept together and hence it was very difficult to assign the bags to their owners.b)Even though the bags had similar marks, the two bags contained very different things and on close examination of its contents the owners of the bags could have been distinguished.c)As the bags were of different shapes and sizes, Wyatt knew that the bags are not his own when he filed the case against White.d)A case of malicious prosecution requires an element of intent by the first party for the other person to be able to sue him.Correct answer is option 'D'. Can you explain this answer?.

Solutions for Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q. Which fact, if true, would have led the judges to decide the case of Wyatt v White differently?a)The bags were kept together and hence it was very difficult to assign the bags to their owners.b)Even though the bags had similar marks, the two bags contained very different things and on close examination of its contents the owners of the bags could have been distinguished.c)As the bags were of different shapes and sizes, Wyatt knew that the bags are not his own when he filed the case against White.d)A case of malicious prosecution requires an element of intent by the first party for the other person to be able to sue him.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q. Which fact, if true, would have led the judges to decide the case of Wyatt v White differently?a)The bags were kept together and hence it was very difficult to assign the bags to their owners.b)Even though the bags had similar marks, the two bags contained very different things and on close examination of its contents the owners of the bags could have been distinguished.c)As the bags were of different shapes and sizes, Wyatt knew that the bags are not his own when he filed the case against White.d)A case of malicious prosecution requires an element of intent by the first party for the other person to be able to sue him.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q. Which fact, if true, would have led the judges to decide the case of Wyatt v White differently?a)The bags were kept together and hence it was very difficult to assign the bags to their owners.b)Even though the bags had similar marks, the two bags contained very different things and on close examination of its contents the owners of the bags could have been distinguished.c)As the bags were of different shapes and sizes, Wyatt knew that the bags are not his own when he filed the case against White.d)A case of malicious prosecution requires an element of intent by the first party for the other person to be able to sue him.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q. Which fact, if true, would have led the judges to decide the case of Wyatt v White differently?a)The bags were kept together and hence it was very difficult to assign the bags to their owners.b)Even though the bags had similar marks, the two bags contained very different things and on close examination of its contents the owners of the bags could have been distinguished.c)As the bags were of different shapes and sizes, Wyatt knew that the bags are not his own when he filed the case against White.d)A case of malicious prosecution requires an element of intent by the first party for the other person to be able to sue him.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q. Which fact, if true, would have led the judges to decide the case of Wyatt v White differently?a)The bags were kept together and hence it was very difficult to assign the bags to their owners.b)Even though the bags had similar marks, the two bags contained very different things and on close examination of its contents the owners of the bags could have been distinguished.c)As the bags were of different shapes and sizes, Wyatt knew that the bags are not his own when he filed the case against White.d)A case of malicious prosecution requires an element of intent by the first party for the other person to be able to sue him.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Paragraph:Notable for the reason that it is the rare tort where intention is of relevance; the tort of malicious prosecution takes place where a person motivated by malice or ill feeling brings about a false and frivolous case against another person in order to harass him by making him go through the rigours of litigation and court prosecution. There are certain ingredients of malicious prosecutionwhichare essential if a suit is to be maintained and for it to ultimately succeed. Malice and an intention to frame the person is essential. It could be any ill-feeling, vengeance, jealousy or intention to cause hardship or defamation, but the element ofintention is a must or even the intention of framing someone else to save oneself is enough intention.Where there is a genuine mistake, it will not be case of a malicious prosecution. In the case of Wyatt v White, the defendant discovered certain bags with the mark as his own and filed a charge of theft against the plaintiff in whose possession the bags were found. The plaintiff genuinely had a similar mark. The charge did not sustain, but the plaintiff sued the defendant for malicious prosecution. The court said itwas genuine mistake and as such the defendant was not motivated by malice, hence the suit did not succeed. However, a mere police complaint or institution of a case is not sufficient. It is important that the court process and prosecution must begin. In Ray v Bairagya, a criminal complaint was filed but was dismissed at inception. Since no proceeding had begun, the court did not recognise it to be a case of malicious prosecution.Q. Which fact, if true, would have led the judges to decide the case of Wyatt v White differently?a)The bags were kept together and hence it was very difficult to assign the bags to their owners.b)Even though the bags had similar marks, the two bags contained very different things and on close examination of its contents the owners of the bags could have been distinguished.c)As the bags were of different shapes and sizes, Wyatt knew that the bags are not his own when he filed the case against White.d)A case of malicious prosecution requires an element of intent by the first party for the other person to be able to sue him.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.