torts Intention Motive
INTRODUCTION
Intention, motive and malice are the mental element or state of mind of one who aims at bringing about a consequence. The general rule is that intention,motive and malice are not relevant in the Law of torts. However, to every general rule there exceptions, this paper will discuss in some detail. the meaning of the three terms of intention, motive and malice as used in the Law of torts.
In discussing the terms as used in tort,it is important to note that Tort means a civil wrong for which the remedy is a common-law action for unliquidated damages,and which is not exclusively the breach of a contract or breach of trust or other merely equitable obligation’ (Salmond:Law of Torts)1
Another authority in the field of Torts Law,Prof P.H.Winfield,asserts that a tortuous liability is arises from the breach of a duty primarily fixed by law2.
INTENTION
Intention,3 is the state of mind of one who aims at bringing about a particular consequence and it is one of the main forms of mens rea . The general rule in proving intention is that mens rea must proved for example in situation where A threatens to destroy property belonging to B with the view of instilling fear in B that the said destruction will be carried out. This can be illustrated in the case of Ashley v Chief Constable Sussex4 is the state of mind which inspires a man to do an act or as put forth by Professor Winfield as the reason for conduct5 In other words the purpose for which an act is done.6 Motive is not an essential element in tort. If an act is lawful then it will not become unlawful because it has been done with a bad motive. Also if an act is unlawful then it will not become lawful merely because it has been done with good motive. With regards motive Lord McNaughton stated “It is the act and not the motive for the act which is regarded as essential, if the act, apart from motive gives rise merely to damage without legal injury, the motive however reprehensible it may be, will not
Intention, motive and malice are the mental element or state of mind of one who aims at bringing about a consequence. The general rule is that intention,motive and malice are not relevant in the Law of torts. However, to every general rule there exceptions, this paper will discuss in some detail. the meaning of the three terms of intention, motive and malice as used in the Law of torts.
In discussing the terms as used in tort,it is important to note that Tort means a civil wrong for which the remedy is a common-law action for unliquidated damages,and which is not exclusively the breach of a contract or breach of trust or other merely equitable obligation’ (Salmond:Law of Torts)1
Another authority in the field of Torts Law,Prof P.H.Winfield,asserts that a tortuous liability is arises from the breach of a duty primarily fixed by law2.
INTENTION
Intention,3 is the state of mind of one who aims at bringing about a particular consequence and it is one of the main forms of mens rea . The general rule in proving intention is that mens rea must proved for example in situation where A threatens to destroy property belonging to B with the view of instilling fear in B that the said destruction will be carried out. This can be illustrated in the case of Ashley v Chief Constable Sussex4 is the state of mind which inspires a man to do an act or as put forth by Professor Winfield as the reason for conduct5 In other words the purpose for which an act is done.6 Motive is not an essential element in tort. If an act is lawful then it will not become unlawful because it has been done with a bad motive. Also if an act is unlawful then it will not become lawful merely because it has been done with good motive. With regards motive Lord McNaughton stated “It is the act and not the motive for the act which is regarded as essential, if the act, apart from motive gives rise merely to damage without legal injury, the motive however reprehensible it may be, will not