Tommy and Niki were both bright and ambitious young analysts with Premier Investments Inc.The president announced that they were both under consideration for promotion to vice-president and a hefty increase in salary.Given recent scandals in the financial world,Tom knew that the president was anxious to uphold the company's reputation for honesty.Tom therefore concocted an allegation that Niki had wrongfully diverted client funds to her own personal use.The president immediately fired Niki upon hearing the allegation.It eventually became clear,however,that Tom's allegation was totally false and that Niki had never acted improperly.Niki then sued Tom for malicious prosecution.The judge,however,rejected her claim.The judge might properly have found in favour of Tom on the basis that

Question

Quizplus · Accepted Answer

Malicious prosecution requires the plaintiff to establish that they were subjected to a criminal proceeding initiated by the defendant without probable cause and with malice. In this case, the truth came to light before any criminal charges were filed against Niki. Therefore, there was no criminal prosecution, and her claim for malicious prosecution fails. The fact that Tom's allegation was false and that he intended to harm Niki rather than benefit himself is not relevant to the judge's decision. The other answer choices are also irrelevant to the issue of malicious prosecution.

Tommy and Niki Were Both Bright and Ambitious Young Analysts