1. Relevance of malice, intention and fault in law of torts
Faculty of law
Relevance of malice, intention and fault in law of torts
Lecture foor
21/09/2014

2. Malice Intentional doing of some wrongful act with out proper excuse
Malice-in-fact (water percolate)
Malice-in-law (nuisance/music)

3. Motive
Motive means inner drive which signifies the reason for a man’s conduct
The motive of the person doing the act is immaterial (irrelevant). If it is a lawful act, however ill the motive might be, he has a right to do it. If it is an unlawful act, however good his motive might be, he would have no right to do it.

4. Malfeasance Malfeasance is a commission of an unlawful act (trespass)
Misfeasance is the improper doing of an act which a person might lawfully do
Non-feasance is the omission of an act which a person ought to do it (negligence)

5. Intention and recklessness
Intention is the state of mind. When the wrongdoer intends to commit wrong he has full knowledge of the consequences of his act, which he wants to achieve.
Intention is different from motive in the sense that motive is ulterior (inner) object, for which the act is done whereas intention is the immediate object.
The jokingly told

6. Fault Fault in tort means, malice, intention or negligence
Strict liability (vicarious liability)