The effect of motivation legitimacy in tortious liability

Articles in Press

Document Type : scientific

Authors

1 Ph.D. in (Private Law). maybod branch. Lecturer. Islamic Azad University. Maybod. Iran

2 university of tehran

Abstract

A person whose behavior causes damage to another person may have no motivation as in most accidents. Also, they may either have an illegitimate motivation such as a usurper or may have a legitimate motivation. The most important examples of legitimate motivation are the benefaction motivation, applying one’s right and the legitimate defense. The purpose of the present article is studying the effect of legitimate motivation in tortious liability and its related limitation in resolving the tortious liability using descriptive-analytical method. In Imamiah jurisprudence and Iran laws, there is strict liability principle and motivation has no role in tort, however, legitimate motivation is one of the absolvers of tortious liability. However, mere benevolent motivation and mere containing the damage or give somebody an advantage are not enough to resolve the tortious liability; rather the act must be according to the reality. The limitations of legitimate motivation include observing the law, technical standards, safety principles and common boundaries. If there is doubt in tortious liability and it is absolved due to legitimate motivation, the tortious liability is applied.

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Main Subjects

Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 28 September 2024

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