I think it amounts to an assault in law. If he was so advancing, that, within a second or two of tune, he would have reached the Plaintiff, it seems to me it is an assault in law." We will in Topic Three cover the Tort of Negligence, one of the most prolific Torts born out of the industrial revolution which exposed the inadequacies of INTENTIONAL TORTS.
87 Malicious Prosecution The Tort of Malicious Prosecution is an aspect of an abuse of legal procedure. This Tort is committed where the defendant maliciously and without reasonable and probable cause initiates against the plaintiff a criminal prosecution which terminates in the plaintiff's favour, and which results in damage to the plaintiff's reputation, person or property. [KODILINYE, G., page 26.] WINFIELD (11th Edition, at page 512-513) surveys the history of the Tort of Malicious Prosecution. Winfield identifies the following essentials of the Tort of Malicious Prosecution: (a) Prosecution of the Plaintiff by the defendant; (b) Favourable termination of the prosecution; (c) That the prosecution lacked reasonable and probable cause; and (d) That the defendant acted maliciously. HUARAKA, T., at page 42-43 explains that during the early stages of the development of the Common Law when the apparatus of law enforcement were still primitive the ordinary citizen played a vital role in prosecuting the offenders; ie the citizens through the instrumentality of the law played a vital role to protect the dominant class. And the Tort of Malicious Prosecution
