action for damages, but there are other remedies also, for instance injunction may be obtained in addition to damages in certain cases of wrongs. Throughout your impending legal career, you will be called upon to determine when Legal Damage is present and when there is no Legal Damage.
28 Relevance of Defendant’s State of Mind in Tortious Liability This part responds to the question whether liability in Tort requires proof of: (i) intention or (ii) negligence ; or neither intention nor negligence in strict liability cases. Mental element is an essential element in most of the forms of crime. Generally, under criminal Law, mere act of a person is not enough to create his liability. Mens rea or a guilty mind is also required in many criminal proceedings. It is not so easy to make any similar generalisation about liability in tort. When is "FAULT" relevant in Tortious Liability: In many of the branches of law of tort like assault, battery, false imprisonment, deceit and malicious prosecution the state of mind of a person is relevant to ascertain his liability. We may have to see whether a particular wrongful act was done intentionally or maliciously. WINFIELD [11th edition, page 43-48] has argued that it is always very difficult to ascertain a person’s mental state. He argues that Law can do no more than to infer a man's intention from his conduct. In his support Winfield quotes BRIAN, CJ as saying:
