MGM390H5 Chapter Notes - Chapter 3: Picketing, Malicious Prosecution, False Imprisonment
Document Summary
Malicious prosecution (79): causing a person to be prosecuted for a crime without honest belief that the crime has been committed: criminal charges were laid, those charges were later dismissed or withdrawn, there were no reasonable or probable grounds for bringing in the charges, there was malice or an improper reason for laying charges someone else"s land. Nuisance (82): tort of nuisance involves a use by one landowner that substantially and unreasonably interferes with another occupier"s ordinary use of land but does not include every form of interference: trespass involves actual intrusion of property, nuisance takes into account intangibles such as noise or smoke, it has been called early developed common law environment protection remedy, public nuisance: when a public property has been interfered with and the government has legal right to sue, an individual can sue for an ongoing private nuisance along with a public nuisance, but only if he can prove that his individual nuisance was more substantial.
