Malicious Prosecution

Question 1

Define malicious prosecution

Answer 1

Malicious prosecution consist in instituting unsuccessful, criminal or bankruptcy or liquidation proceedings maliciously and without reasonable and probable cause when such prosecution Causes actually damage to Plaintiff prosecuted, it is a tort for which he can bring an action. The foundation for the tort lies in the abuse of the process of law by wrongfully setting the law in motion, and it is designed to discourage the perversion of machinery of Justice for an improper purpose.

Question 2

Essentials

Answer 2

1. Plaintiff was prosecuted by defendant
2. Prosecution terminated in favor of Plaintiff
3. Defendant acted without reasonable and probable cause.
4. Defendant was actuated by malice,
5. Actual loss