What is the test for a cause of action where a party has a materially influencing motive?
Saskatchewan, Canada
The following excerpt is from Pioneer Tractor Co. Ltd. v. Peebles, 1913 CanLII 148 (SK QB):
In Peek v. Berry (1880), 37 Ch. D. 541 at 584, Sir J. Hannen says:— That which materially influences a man in taking a step, subject to the observations already made as to the breach of moral duty on the part of those who made it, gives a cause of action. It is not necessary that it should be the sole influencing motive. If it is a materially influencing motive then unless it had been present the conduct of the plaintiff might have been different, which is sufficient.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a defamation action, can either party give evidence in proof or disproof of malicious motive in the mind of the publisher of defamatory material? (Saskatchewan, Canada)
Does the word "cause of action" mean the whole cause of action? (Saskatchewan, Canada)
Is there a cause of action for defamation where the words “get down in the gutter where you belong” are not actionable? (Saskatchewan, Canada)
What is the test for a prima facie cause of action in a personal injury action? (Saskatchewan, Canada)
Can a multi-defendant class action be certified if there is no cause of action against each defendant? (Saskatchewan, Canada)
Is dismissing an action for want of prosecution a bar to a subsequent action for the same cause? (Saskatchewan, Canada)
Can a person be added as a party in a personal injury action where the outcome of the action directly affects him? (Saskatchewan, Canada)
What is the limitation period for an amendment to an action raising a new cause of action? (Saskatchewan, Canada)
Is a criminal prosecution arising from malicious motive and brought without reasonable cause actionable? (Saskatchewan, Canada)
What is the test for liability for damage caused to a person’s property by workmen who cause damage to the property? (Saskatchewan, Canada)
