By J. S. Colyer and W. A. J. Farndale (Auth.)
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Extra resources for A Modern View of the Law of Torts
But consider firstly the uncompensated victims of accidents who lack compensation not because they, the victims, are to blame, but because of the notional mental attitude of the person who injured them. Then consider the unavoidable artificiality of the attitude of the law towards the mental elements involved in liability. 3. Evidentiary considerations That artificiality results from the difficulty of proving another person's state of mind at any given time. Rarely does the defendant admit he was at fault.
Employer) 20% 19636 Failure to pull down dangerous wall on building site (which injured workman by its collapse) Architect 42% Demolition contractors 38% Building contractors 20% A further complication arises in cases of vicarious liability. As against the plaintiff, the employer is fully liable as a "joint tortfeasor" with his servant. As against the servant, the master often has the right to claim a substantial contribution under the 1935 Act or an indemnity (by suing in contract). An indemnity means repayment of all losses and expenses incurred.
In this "legal" sense, malice means the intentional commission of an act with any improper motive. This is much wider than the layman's use of the word malice. Malice is usually used in this sense in the few contexts in which it is relevant in tort. e. not involuntary) performance of a tortious act". It is in this sense that pleaders in libel and slander actions traditionally allege that the defendant "falsely and maliciously. ". In fact, this means merely that the defendant's publication of the defamatory matter was either intentional or negligent.
A Modern View of the Law of Torts by J. S. Colyer and W. A. J. Farndale (Auth.)