Bradford Corporation v Pickles (1895)

Law of Torts · The Two Maxims

Facts.

Pickles sank a shaft on his own land, intercepting underground water that would otherwise have flowed to the Bradford Corporation’s reservoir. His purpose, openly admitted, was to force the Corporation to buy his land at his price.

Issue.

Does an act otherwise lawful become unlawful because it is done from a malicious motive?

Held.

No. The House of Lords held that Pickles was exercising a right he undoubtedly had. Lord Halsbury LC said that if the act was lawful, “however ill the motive might be, he had a right to do it.”

Why it matters.

It is the leading authority for the rule that motive is irrelevant in tort, and the necessary starting point before you list the five torts in which malice does matter.

📄 Full Law of Torts notes + Question Bank (₹199) — every topic in depth, model answers to all past exam questions, in one printable PDF. Get the bundle · All landmark cases · All Law of Torts topics