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Principle:
I. Malicious prosecution under tort law, has the following ingredients:
(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.
II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.
Do the facts indicate a case of malicious prosecution?
I. Malicious prosecution under tort law, has the following ingredients:
(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.
II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.
Do the facts indicate a case of malicious prosecution?
- a)Yes
- b)No
- c)It depends on the loss sustained by Harry due to the suit.
- d)It cannot be determined.
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Principle:I. Malicious prosecution under tort law, has the following i...
As per principle (i), malicious prosecution has 3 essential elements: (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution. Since all three of these were present in the instant case, thus, a case of malicious prosecution is indeed indicated.
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Principle:I. Malicious prosecution under tort law, has the following i...
Understanding Malicious Prosecution
Malicious prosecution is a tort that holds individuals or entities accountable for unjustly initiating legal proceedings against another party. To establish a case of malicious prosecution, three key ingredients must be satisfied:
Application to the Given Facts
In this scenario, if all three elements are present, we can conclude that there is a case of malicious prosecution:
Conclusion
Given that all criteria for malicious prosecution are met, the correct answer is option 'A' - Yes, there is a case of malicious prosecution. This indicates that Harry has grounds to claim damages due to the unjust legal actions taken against him.
Malicious prosecution is a tort that holds individuals or entities accountable for unjustly initiating legal proceedings against another party. To establish a case of malicious prosecution, three key ingredients must be satisfied:
- Intentional and Malicious Action: The defendant must have intentionally and maliciously initiated or pursued a legal action.
- Without Probable Cause: The action must have been brought without probable cause, meaning there was no reasonable basis for the legal proceedings.
- Dismissal in Favor of the Victim: The legal action must have been dismissed in favor of the victim of the malicious prosecution.
Application to the Given Facts
In this scenario, if all three elements are present, we can conclude that there is a case of malicious prosecution:
- Intentional Action: If it is established that the defendant knowingly initiated the legal action against Harry with malicious intent, this satisfies the first criterion.
- No Probable Cause: If the legal action was pursued without any reasonable basis, this fulfills the second requirement.
- Dismissal: If the case against Harry was dismissed in his favor, the third element is satisfied.
Conclusion
Given that all criteria for malicious prosecution are met, the correct answer is option 'A' - Yes, there is a case of malicious prosecution. This indicates that Harry has grounds to claim damages due to the unjust legal actions taken against him.
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Principle:I. Malicious prosecution under tort law, has the following ingredients:(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.Do the facts indicate a case of malicious prosecution?a)Yesb)Noc)It depends on the loss sustained by Harry due to the suit.d)It cannot be determined.Correct answer is option 'A'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle:I. Malicious prosecution under tort law, has the following ingredients:(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.Do the facts indicate a case of malicious prosecution?a)Yesb)Noc)It depends on the loss sustained by Harry due to the suit.d)It cannot be determined.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle:I. Malicious prosecution under tort law, has the following ingredients:(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.Do the facts indicate a case of malicious prosecution?a)Yesb)Noc)It depends on the loss sustained by Harry due to the suit.d)It cannot be determined.Correct answer is option 'A'. Can you explain this answer?.
Principle:I. Malicious prosecution under tort law, has the following ingredients:(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.Do the facts indicate a case of malicious prosecution?a)Yesb)Noc)It depends on the loss sustained by Harry due to the suit.d)It cannot be determined.Correct answer is option 'A'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle:I. Malicious prosecution under tort law, has the following ingredients:(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.Do the facts indicate a case of malicious prosecution?a)Yesb)Noc)It depends on the loss sustained by Harry due to the suit.d)It cannot be determined.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle:I. Malicious prosecution under tort law, has the following ingredients:(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.Do the facts indicate a case of malicious prosecution?a)Yesb)Noc)It depends on the loss sustained by Harry due to the suit.d)It cannot be determined.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Principle:I. Malicious prosecution under tort law, has the following ingredients:(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.Do the facts indicate a case of malicious prosecution?a)Yesb)Noc)It depends on the loss sustained by Harry due to the suit.d)It cannot be determined.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
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Here you can find the meaning of Principle:I. Malicious prosecution under tort law, has the following ingredients:(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.Do the facts indicate a case of malicious prosecution?a)Yesb)Noc)It depends on the loss sustained by Harry due to the suit.d)It cannot be determined.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Principle:I. Malicious prosecution under tort law, has the following ingredients:(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.Do the facts indicate a case of malicious prosecution?a)Yesb)Noc)It depends on the loss sustained by Harry due to the suit.d)It cannot be determined.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Principle:I. Malicious prosecution under tort law, has the following ingredients:(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.Do the facts indicate a case of malicious prosecution?a)Yesb)Noc)It depends on the loss sustained by Harry due to the suit.d)It cannot be determined.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Principle:I. Malicious prosecution under tort law, has the following ingredients:(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.Do the facts indicate a case of malicious prosecution?a)Yesb)Noc)It depends on the loss sustained by Harry due to the suit.d)It cannot be determined.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Principle:I. Malicious prosecution under tort law, has the following ingredients:(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) (2) brought without probable cause and (3) dismissed in favour of the victim of the malicious prosecution.II. There is no tort to protect innocent plaintiffs from frivolous defences raised by defendants.Do the facts indicate a case of malicious prosecution?a)Yesb)Noc)It depends on the loss sustained by Harry due to the suit.d)It cannot be determined.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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