The essay will discuss the meanings of intention, motive and malice as used in the law of torts. The law of tort is concerned with civil wrongs, in the sense that a wrong or tort is committed against an individual (which includes legal entities such as companies) rather than the state.
The importance of the Law of tort is that individuals have certain interests or rights which are protected by Law. These interests are protected by a court awarding a sum of money, known as damages, for infringement of ones rights. Alternatively, by the issuing of an injunction, which is a court order, to the defendant to refrain from doing something.
It is important to take note of the Latin words, damnum and injuria as used in tort. Damnum means damage caused or suffered, and injuria means a right of action or claim. This is because there are some cases in which the defendant’s act or omission may have infringed or caused damage to the claimant but the claimant may have no action as the interest affected may not be one protected by Law. In Law this position is referred to as damnum sine injuria meaning damage suffered without violation of a legal right. For example;
A opens a fish and chips shop in the same street as B’s fish and chips shop. A reduces his prices with the intention of putting B out of business. A has committed no tort as losses caused by lawful business competition are not actionable in tort
On the other hand, there are also cases where the defendant’s act or omission causes no actual damage but the claimant has a right of claim. This is known as injuria sine damno, this is a Latin maxim meaning a violation of a legal right without damage. Such a tort is actionable without proof of damage, it is said to be action-able per se.For example; if A walks across B’s land without B’s permission then A will commit the tort of trespass to land, even though he causes no