A claim for malicious prosecution generally requires proof that the earlier proceedings were started:
Correct answer: D. Without reasonable and probable cause and with malice
- A. Only after the accused was convicted
- B. After a contract was performed in full
- C. By a person who suffered accidental injury
- D. Without reasonable and probable cause and with malice
Explanation
Malicious prosecution normally requires proceedings instituted without reasonable and probable cause, motivated by malice, and terminated in the claimant's favour, along with damage. A prior conviction is not required and may defeat the claim if it remains valid.
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About Civil Law
Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.
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