1.6 Relevance of Malice, Motive, Intention and Fault in Law of Torts

1. Intention — the purpose-to-harm face: the intentional torts' core (the wrong's aggravated character; the exemplary damages' trigger). 2. Malice — the "wicked" motive: the lawful-act-done-maliciously doctrine (the famous two- malice split — malice in law (the wrong's implication) vs malice in fact (the spite)); the malice's relevance in defamation-and-conspiracy despite the general irrelevance. 3. Motive — the why behind the act: the general rule (the motive's irrelevance — the lawful act stays lawful whatever the motive) with the exceptions (the malice cases, the bad-faith exercises). 4. Fault — the blame's idea: the negligence's core (the fault liability as the default), the strict liability's challenge (the no-fault pockets — U3.1), the fault's policy debate (the insurance era's "enterprise liability" theories).