Implied Malice - Law Dictionary Search Results
Home Dictionary Name: implied maliceimplied malice
implied malice see malice ...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
malice
malice 1 a : the intention or desire to cause harm (as death, bodily injury, or property damage) to another through an unlawful or wrongful act without justification or excuse b : wanton disregard for the rights of others or for the value of human life c : an improper or evil motive or purpose [if cannot be proved or a benign purpose can be imagined "David Kairys"] d : actual malice in this entry actual malice 1 : malice proved by evidence to exist or have existed in one that inflicts unjustified harm on another: as a : an intent to injure or kill b : malice called also express malice malice in fact 2 a : the knowledge that defamatory statements esp. regarding a public figure are false b : reckless disregard of the truth see also public figure New York Times Co. v. Sullivan in the Important Cases section implied malice : malice inferred from the nature or consequences of a harmful act done without justification or excuse ;also : malice inferred from subjective awarenes...
legal malice
legal malice : implied malice at malice ...
Malice in law
Malice in law, Acting on a legally extraneous or obviously misconceived ground of action would be case of 'malice in law', Regonal Manager v. Pawan Kumar Dubey, AIR 1976 SC 1766 (1771): (1976) 3 SCC 334: (1976) 3 SCR 540.'Malice' in its legal sense means malice such as may be assumed from the doing of a wrongful act intentionally but without just cause or excuse, or for want of reasonable or probable cause, S.R. Venkataraman v. Union of India, AIR 1979 SC 49 (51): (1979) 2 SCC 491: (1979) 2 SCR 202.Malice in legal sense means an act done wrongfully and without reasonable and provable cause (Law of Torts)Legal malice or 'malice in law' means 'something done without lawful excuse'. In other words, 'it is an act done wrongfully and wilfully without reasonable or probable cause, and not noiselessly an act done from ill feeling and spite'. It is a deliberate act in disregard of the right of others. Where malice is attributed to the State, it can never be a case of personal ill-will or spite...
express malice
express malice : actual malice at malice ...
Legal malice
Legal malice, means something done without lawful excuse. In other words it is an act done wrongfully and wilfully without reasonable or probable cause and not necessarily an act done from ill feeling and spite, Punjab State Electricity Board v. Zora Singh, AIR 2006 SC 182.Legal malice, or malice in law means 'something done without lawful excuse (Words and Phrases Legally defined, 3rd Edn., London Butterworth's, 1989)...
actual malice
actual malice see malice ...
malice aforethought
malice aforethought see malice ...
malice in fact
malice in fact see malice ...
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