Which of the following tort is an exception to the rule of irrelevance of motive in the law of Torts?
Malicious prosecution, conspiracy and nuisance can each depart from the general rule that motive is irrelevant. Malicious prosecution requires malice as well as absence of…
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Which of the following tort is an exception to the rule of irrelevance of motive in the law of Torts?
Answer and explanation
Correct answer D
Malicious prosecution, conspiracy and nuisance can each depart from the general rule that motive is irrelevant. Malicious prosecution requires malice as well as absence of reasonable and probable cause. A purpose to injure can matter in conspiracy, while spiteful conduct can make an otherwise tolerable interference unreasonable in nuisance. Thus all three categories are covered, although motive is not an essential element of every nuisance claim.
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