Place of Intention, malice & Motive under law of torts
Topic Overview
Mental States Matrix
Intention vs Motive Definitions & General Irrelevancy
Malice Breakdown
Detailed Analysis of Malice in Fact & Malice in Law
Intention
Intention means the desire or purpose to produce a particular consequence by an act.
It is an internal mental state and cannot usually be proved by direct evidence.
In the law of torts, intention is generally irrelevant because the primary object of tort law is to compensate the injured person and not to punish the wrongdoer.
However, intention becomes relevant in intentional torts such as assault, battery, false imprisonment, trespass, and deceit.
Intention should not be confused with motive. Intention refers to the immediate objective of the act, whereas motive is the reason for doing the act.
Example - A gives poison to B, so that A could get B’s property after B’s death Here, B’s death was intention and getting his property was motive.
Intention means object or purpose for which act is done. In Law of tort intention is irrelevant because law of tort aims to provide the compensation to injured, not punishment, to wrongdoer.
The Ballon case (Gville v. Swan Johns) 1882
Defendant was flying with hotter balloon. He lost control and landed at plaintiff garden. People who were watching him Fall. Followed him to well maintain garden and destroy it. Plaintiff asks for compensation for damages defend ant took defence that the act was unintentional. Court held that intention is a flowing concept, damages face by plaintiff was due to action of defendant. And intention is not allowed as justification in tort
Villtison v. Downstore
Plaintiff goes to friend’s house rings well wife answer. He tells her that husband met serious accident and taken to hospital. Now the wife suffered shock and landed in hospital. And the husband never meet accident. Plaintiff filed the case. Defendant took defence that it was just a joke. There was number intention to causeway harm. Court held that intention was not irrelevant, and injury mattered
Malice
Malice means spite, ill will, or an improper motive towards another person. It refers to doing an act with the intention of causing harm to someone.
In tort law, malice is generally not important. A person may still be liable even if they acted without hatred or bad intention, provided that they have infringed another person's legal right.
The law of torts is concerned with the violation of legal rights and the damage caused, not with the personal feelings or motives of the wrongdoer.
Types of Malice
There are two kinds of malice:
1. Malice in Fact (Actual Malice)
Malice in fact means actual ill will, spite, hatred, or an improper motive against another person.
It is based on the defendant's state of mind.
The act is done deliberately to injure or harm someone.
Example: A spreads false rumours about B because he hates him and wants to damage B's reputation.
Here: The act is motivated by personal hatred; this is Malice in Fact.
2. Malice in Law (Legal Malice)
Malice in law means doing a wrongful act intentionally without lawful justification, even if there is no personal hatred or ill will.
The law presumes malice when a person intentionally violates another's legal right.
Example: A intentionally enters B's land without permission. Even if A has no personal enmity against B, he has intentionally violated B's legal right. This amounts to Malice in Law.
Malice is generally irrelevant in tort law.
If a person's legal right is violated, the defendant can be held liable whether or not he acted with hatred or bad motive.
Legal Maxim:
Ubi jus ibi remedium – Where there is a legal right, there is a legal remedy.
Thus, once a legal right is infringed, the injured person can claim compensation regardless of the defendant's malice or good faith.
Example: Suppose A builds a wall on his own land only to block sunlight reaching B's house. If A is legally entitled to build the wall, his bad motive alone does not make him liable. However, if A commits a wrongful act that infringes B's legal rights, he will be liable even if he had no ill will.
Motive
Motive means the reason or ultimate object that prompts a person to do a particular act. It explains why a person commits an act.
| Concept | Definition |
|---|---|
| Intention | What a person wants to do. |
| Motive | Why a person wants to do it. |
Motive is generally irrelevant in the law of torts.
A lawful act does not become unlawful merely because it is done with an evil or malicious motive. Similarly, an unlawful act does not become lawful simply because it is done with a good motive.
Tort law focuses on whether a legal right has been violated and whether damage has been caused, not on the defendant's reason for acting.
Illustration:
- A gives poison to B.
- Intention: To kill B.
- Motive: To obtain B's property after B's death.
- Here: The intention is the immediate objective (killing B). The motive is the reason behind the act (getting B's property).
Example: Suppose A constructs a building on his own land only to block sunlight from reaching B's house because he dislikes B. A's motive is to trouble B. However, if A is legally entitled to construct the building, his bad motive alone does not make the act unlawful. Thus, a lawful act remains lawful even if it is done with an evil motive.