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Nilanjan Bhowmick AIR 3, CSIR NET (Earth Science)
- UGC NET
- Law
In which among the following cases malice becomes relevant to determine a person’s liability in law of torts. Answer by using codes below :
a. Malice may result in aggravation of damages.
b. In torts of deceit and conspiracy one of the essential is malice.
c. When act is lawful, intention can be gathered from past circumstances.
d. Causing of personal comfort by lawful means may turn lawful act into a tort.
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Eduncle Best Answer
Aggravated damages will arise where the defendant has acted with malice that increased the injury to the plaintiff. The malice may be established by intrinsic evidence derived from the libellous statement itself and the circumstances of its publication, or by extrinsic evidence pertaining to the surrounding circumstances which demonstrate that the defendant was motivated by an unjustifiable intention to injure the plaintiff.
Malice is essential in the torts of deceit, conspiracy, malicious prosecution and injurious falsehoods.