Mindbreaker Mystic Backlash question

[Hijiggy]

Mindbreaker Backlash:

Backlash wrote:

Whenever a foe succeeds at a Will save against one of your spells and completely negates the effect, that foe takes 1 nonlethal damage for each mystic level you have. This is a mind-affecting pain effect.

Is this a required effect? What if the Mystic doesn't want to inflict the damage. For example:

Mindlink: The player wants to impart knowledge to calm down a scared and somewhat intelligent animal. Player touches the animal, but the animal is hesitant. Makes the will save.

The player now deals pain damage to it having the opposite effect of what they were trying to do.

Is it dependent on the "Foe" definition? Is "foe" combat dependent?

What about where being caught casting a spell with a successful save would result in curt resentment, where as causing damage would immediately start combat?

[Torbyne]

Gm discretion? i would assume "Foe" is only a term that applied in turn based combat. It is amusing to think that an assassin is disguised as a nurse and tries to poison the Mindbreaker, Spider sense tingling the mindbreaker tries to read some thoughts and the spell fails, though the nurse now doubles over in pain... Basically outside of combat a mindbreaker couldnt ever use spells against someone they arent willing to start a combat with.