Define: Malice

Malice
Malice
Quick Summary of Malice

Malice, in legal terms, typically refers to the intention to cause harm to another person. It is often associated with criminal offenses such as murder or assault, where the perpetrator acts deliberately and with ill will or wrongful intent. Malice can be expressed through words, actions, or omissions that demonstrate a disregard for the rights or well-being of others. In civil law, malice may also refer to an individual’s reckless disregard for the rights or safety of others, which can lead to liability for damages. Proving malice is often essential in establishing certain criminal or civil claims, as it demonstrates the deliberate and wrongful nature of the actions in question.

What is the dictionary definition of Malice?
Dictionary Definition of Malice

The intention or desire to do evil; ill will.

n. a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred or total disregard for the other’s well-being. Often the mean nature of the act itself implies malice, without the party saying “I did it because I was mad at him, and I hated him,” which would be express malice. Malice is an element in first degree murder. In a lawsuit for defamation (libel and slander) the existence of malice may increase the judgment to include general damages.

Proof of malice is absolutely necessary for a “public figure” to win a lawsuit for defamation.

  1. Intention to harm or deprive in an illegal or immoral way. Desire to take pleasure in another’s misfortune.
  2. An intention to do injury to another party. In many jurisdictions, malice is a distinguishing factor between the crimes of murder and manslaughter.
Full Definition Of Malice

The term ‘malice’ as it appears in, for example, The Offences Against The Person Act (1861) is generally taken to mean something different from its everyday usage. An act is malicious if the perpetrator was aware that harm or damage was likely, but did it anyway. The act need not necessarily be hostile, or ‘wicked’.

Malice FAQ'S

Malice refers to the intention to do harm or wrongful act, either with the knowledge that the act is unlawful or with reckless disregard for its consequences.

In law, malice can be classified into two main types: express malice, which involves a deliberate intention to cause harm, and implied malice, which arises when a person commits a reckless or dangerous act with a disregard for the safety of others.

Malice can be established through evidence of intent or reckless behaviour. This may include direct evidence of the defendant’s state of mind, such as statements or actions demonstrating an intent to harm, or circumstantial evidence suggesting a reckless disregard for the consequences of one’s actions.

Malice aforethought is a legal term used in the context of murder and refers to the mental state of a person who intentionally commits a wrongful act that results in the death of another person. It does not necessarily imply premeditation but rather an intention to cause harm.

Malice can have significant implications for the outcome of a legal case, particularly in criminal proceedings. If malice can be proven, it may elevate the severity of the offense and lead to harsher penalties for the defendant.

Common defences against allegations of malice include lack of intent, self-defence, defence of others, necessity, and mistake of fact. Defendants may argue that they did not act with malicious intent or that their actions were justified under the circumstances.

Yes, malice can be inferred from the circumstances surrounding an act, particularly if the conduct is so inherently dangerous or reckless that it suggests a disregard for the safety of others. However, such inference must be supported by sufficient evidence.

While malice refers to the intent or state of mind behind an act, motive refers to the underlying reason or purpose for committing the act. Malice focuses on the wrongful intention or reckless behaviour, whereas motive provides context for why the act was committed.

Yes, victims of acts committed with malice may pursue civil remedies, such as a lawsuit for damages, against the responsible party. Civil liability for malicious acts may involve compensation for harm suffered, punitive damages, or other remedies deemed appropriate by the court.

In defamation cases, malice may be relevant to determining whether a statement was made with knowledge of its falsity or with reckless disregard for the truth. If malice can be proven, it may support a claim for defamation per se or increase the damages awarded to the plaintiff.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 28th March, 2024.

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