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Extra resources for LSAT PrepTest 34
Sample text
8 Introduction improper motive’, that is, a motive which the law does not recognise as legitimate; or (c) the intentional doing of a wrongful act without just cause or excuse. In the first sense, the presence of malice in the defendant’s conduct is a factor to be taken into account in determining liability in nuisance, whilst, in the second sense, malice may prevent him from relying on certain legal defences, notably fair comment and qualified privilege in defamation actions. Malice in this sense is also an essential ingredient of the tort of malicious prosecution.
The other important remedy is the injunction, which is a court order forbidding the defendant from doing or continuing to do a wrongful act. Whether the plaintiff is claiming damages or an injunction, he must first prove that the defendant has committed a recognised tort, for the law of torts does not cover every type of harm caused by one person to another. The mere fact that D’s act has caused harm to P does not in itself give P a right to sue D. P must go further and show that D’s act was of a type which the law regards as tortious.
13 Thus, for instance, if D keeps a wild animal, such as an elephant or a lion, he will be liable for any damage caused by the animal, even though the damage was unintended by him and he was in no way careless in allowing it to happen. MOTIVE AND MALICE ‘Motive’ means the reason behind a person’s doing of a particular act. Motive is generally irrelevant in the law of torts. Thus, if the defendant’s act is unlawful, the fact that he had a good motive for doing it will not exonerate him. For example, If D locks his adult relative in her room to prevent her from going out with a man whom D believes to be of bad character, D will be liable to her for false imprisonment, and the fact that D had a good motive will not excuse him.