/
Malicious Prosecution Tort Law
Save to my account
Sign up
Report Bug
Malicious Prosecution Tort Law
Malicious Prosecution Tort Law
Study
Question
What is the definition of malicious prosecution as an intentional tort?
Answer
The institution of legal proceedings (civil or criminal) with malice and without reasonable and probable cause, which terminates in favor of the defendant (now plaintiff) and causes damage.
Question
How is malicious prosecution classified within the law of torts?
Answer
It is an intentional tort against the person, protecting reputation and liberty by redressing misuse of legal process.
Question
What legal maxim underpins the tort of malicious prosecution?
Answer
The maxim 'Vexari no debet' – a person ought not to be harassed by unjust litigation. Also, 'Interest reipublicae ut sit finis litium' – it is in the public interest that litigation should end.
Question
What are the five essential ingredients required to establish malicious prosecution?
Answer
1. Institution of legal proceedings by the defendant. 2. Termination of those proceedings in favor of the plaintiff (accused). 3. Absence of reasonable and probable cause. 4. Malice on the part of the defendant. 5. Damage (financial, reputational, or liberty).
Question
What does 'malice' mean in the context of malicious prosecution?
Answer
Malice does not require personal spite or ill will; it means an improper purpose, such as using legal process to achieve a collateral advantage unrelated to the merits of the case.
Question
What does 'reasonable and probable cause' mean in malicious prosecution?
Answer
A genuine, honest belief, based on objective facts, that the accused is guilty of the charge. The belief must be such that a reasonable person in the same circumstances would also think the prosecution justified.
Question
How do malice and lack of reasonable and probable cause interact in a claim for malicious prosecution?
Answer
Both must be present. Even if the defendant acted with malice, if there was reasonable and probable cause, the claim fails. Conversely, lack of cause without malice is also insufficient.
Question
Provide an example of conduct that could give rise to a claim for malicious prosecution.
Answer
A store manager falsely reports a customer for shoplifting, knowing the customer did not steal, to avoid paying a refund. The customer is arrested and prosecuted, but the case is dismissed. The manager lacked reasonable cause and acted with malice (improper purpose).
Question
What kind of damages are recoverable in a malicious prosecution action?
Answer
Compensatory damages for injury to reputation, emotional distress, loss of liberty, and legal costs. In some jurisdictions, punitive damages may also be awarded for egregious abuse of process.