With no explanation, chose the best option from "A", "B", "C" or "D". S.W.2d at 620. 10 . Id. 11 . Patterson, 172 S.W.3d at 363. 12 . Id. 13 . Id. at 372 (Graves, J., not sitting). 14 . Id. at 369. 15 . Id. 16 . W. Page Keeton, et al., Prosser and Keeton on the Law of Torts 505 (5th ed. 1984). 17 . Id. at 506. 18 . Patterson, 172 S.W.3d at 369 (citing William M. Landes & Richard A. Posner, The Economic Structure of Tort Law, 208-09 (1987)). 19 . Edwards v. Kentucky Utilities Co., 289 Ky. 375, 158 S.W.2d 935, 936 (1942). 20 . 3 Am Jur.2d Agency § 185 (2007). 21 .Id.; see also Restatement (Third) Of Agency § 4.06 (2006) ("A person is not bound by a ratification made without knowledge of material facts involved in the original act when the person was unaware of such lack of knowledge.”). 22 . See Broaddus v. Campbell, 911 S.W.2d 281, 283-84 (Ky.App.1995) (<HOLDING>). 23 . Kerl v. Dennis Rasmussen, Inc., 273

A: holding that a necessary element for malicious prosecution under virginia law is lack of probable cause
B: holding that defendants admission in open court that there was probable cause for issuance of an indictment against him barred him from later bringing malicious prosecution action against his accuser
C: holding that the plaintiff must show that there was a lack of probable cause for the criminal prosecution
D: holding that indictment sufficiently informed defendant of the charge against him so as to enable him to prepare a defense and thus there is no claim that he was surprised at trial
B.