REASONABLE AND PROBABLE CAUSE IN THE LAW OF MALICIOUS PROSECUTION: A REVIEW OF SOUTH AFRICAN AND COMMONWEALTH DECISIONS

REASONABLE AND PROBABLE CAUSE IN THE LAW OF MALICIOUS PROSECUTION: A REVIEW OF SOUTH AFRICAN AND COMMONWEALTH DECISIONS

The requirement that the plaintiff in an action for malicious prosecution must prove a lack of reasonable and probable cause to initiate, instigate or continue the prosecution on the part of the instigator or prosecutor is one of the four elements of that cause of action. It is a vital link between...

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Bibliographic Details
Main Author: Chuks Okpaluba
Format: Article
Language:Afrikaans
Published: North-West University 2013-04-01
Series:Potchefstroom Electronic Law Journal
Subjects:
Malicious prosecution
instigation or continuation of prosecution
absence of reasonable and probable cause
whether distinguishable from reasonable ground to suspect
arrest without warrant
whether amounts to abuse of process
proof of animus iniuriandi
whether dependent upon proof of reasonable and probable cause
relevance of objective sufficiency of information available to prosecutor.
Online Access:http://www.nwu.ac.za/webfm_send/63109

Internet

http://www.nwu.ac.za/webfm_send/63109

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