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Example
Case laws
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
In aemulationem vicini
| Literal meaning | In rivalry with a neighbour |
|---|---|
| Pronunciation | in ay-myoo-lah-tee-OH-nem vih-SEE-nye |
An act done only to spite or injure a neighbour. A Scottish law phrase, used where a person uses his own land out of malice.
Example
A man digs a well on his land only to cut off the water flowing to his neighbour, with no purpose of his own.
Case laws
- Bradford Corporation v. Pickles (1895), House of Lords: a landowner who used his land lawfully was not liable even if his motive was to harm the neighbour.
Exceptions / limits
The House of Lords held that a bad motive does not make a lawful act unlawful.
Exam tip
Asked with Bradford v. Pickles and malice.
Memory trick
Spite against the neighbour.
Key takeaway
A lawful use of land is not unlawful merely because of a spiteful motive.
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