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KembaraXtra – Legal Terms – Motive Malice and Deceit Malice
In the tort of malicious falsehood, the claimant must prove that the defendant maliciously published false statements about the claimant, the claimant’s business, or the claimant’s property. The law recognizes two forms of malice: motive malice and deceit malice.
Motive malice exists where the defendant intended to cause harm to the claimant. In such situations, even an honest belief that the statement was true will not protect the defendant if the dominant purpose was to injure the claimant.
Deceit malice occurs where the defendant publishes a statement without honestly believing it to be true. In this case, the defendant may still be liable even if there was no specific intention to cause harm.
The law therefore focuses either on the defendant’s dishonest state of mind or on the intention to damage the claimant’s interests. Either form of malice is sufficient to establish liability in malicious falsehood.
This tort mainly protects commercial reputation and economic interests against harmful false statements made maliciously.
In the tort of malicious falsehood, the claimant must prove that the defendant maliciously published false statements about the claimant, the claimant’s business, or the claimant’s property. The law recognizes two forms of malice: motive malice and deceit malice.
Motive malice exists where the defendant intended to cause harm to the claimant. In such situations, even an honest belief that the statement was true will not protect the defendant if the dominant purpose was to injure the claimant.
Deceit malice occurs where the defendant publishes a statement without honestly believing it to be true. In this case, the defendant may still be liable even if there was no specific intention to cause harm.
The law therefore focuses either on the defendant’s dishonest state of mind or on the intention to damage the claimant’s interests. Either form of malice is sufficient to establish liability in malicious falsehood.
This tort mainly protects commercial reputation and economic interests against harmful false statements made maliciously.
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