Quelpr
15 marksTorts of Defamation, Trespass, and Nuisance

CAPE Law Unit 2 · 2010 · Paper 2 · Question 2(b)

Kevin, a clerk, leaves work with a parcel containing personal items from his cousin. Donman, the security guard, searches his bag, accuses him of theft, and calls a police officer. Kevin is arrested despite his objections, detained overnight, and released the next day. The charge of theft is subsequently dismissed by the magistrate.

Advise Kevin whether or not he can succeed in a claim against Donman and the policeman, giving reasons for your answer.

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Other parts of this question

  1. 2(a)Write brief notes on 'malicious prosecution', referring to at least one decided case.[10 marks]

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