The general rule is that motive is irrelevant in the law of tort for the purpose of liability explain the exception to this rule
Explain the exception to the general rule that motive is irrelevant in the law of tort for the purpose of liability
Motive is the mental element or reason for doing something. It has more to do with malice.
- Generally, motive is irrelevant in the law of tort for purposes of liability (Ref; Bradford Corporation vs. Pickles).
- However, bad motive (malice) is relevant is some instances e.g. Nuisance
- Malicious prosecution.
- Publication of a libel.
- False imprisonment.
- In defamation, the defense of qualified privilege and fair comment are allowed only where the defendant has not been malicious.