Legal Definitions - legal malice

Legal malice, also commonly referred to as implied malice, describes a state of mind where an individual acts intentionally and wrongfully, without a just cause or excuse, even if they do not harbor specific ill will, hatred, or a desire to harm a particular person. Instead of requiring direct proof of a malicious motive, legal malice is often inferred or presumed from the circumstances surrounding a wrongful act and the absence of any legitimate justification for it.

This concept is distinct from "actual malice" (or "express malice"), which requires proof of a deliberate intent to harm or a reckless disregard for the truth. Legal malice focuses on the inherent wrongfulness of the action itself and the lack of a proper defense or excuse for that action.

• Example 1: Defamation (Libel)

  A local online news outlet publishes an article falsely accusing a prominent community leader of embezzling funds from a charity. The news outlet's editor might not personally dislike the community leader, but if the article was published knowing the allegations were false, or with a reckless disregard for their truth, and without any legitimate journalistic basis, their actions could demonstrate legal malice. The wrongful act of publishing damaging falsehoods without justification allows for the inference of malice.

• Example 2: Interference with Contractual Relations

  A large construction company, aiming to secure a lucrative government contract, intentionally persuades a key subcontractor to breach its existing, exclusive agreement with a smaller rival construction firm. The executives of the large company may not have any personal animosity towards the rival firm's owners, but their deliberate and unjustified interference with a valid contract, causing financial harm to the rival, could be considered an act of legal malice. The intentional, wrongful interference without a legitimate business justification for breaching an *existing* contract allows for the inference of malice.

• Example 3: Malicious Prosecution

  After a minor fender-bender, one driver files a police report accusing the other driver of hit-and-run, knowing full well that the other driver stopped, exchanged information, and that the damage was minimal. The accuser's primary goal might be to inconvenience or harass the other driver, rather than genuine hatred. Because the accuser initiated a legal process (a police investigation) without probable cause and for an improper purpose, their actions could be seen as legal malice. The wrongful initiation of a baseless legal proceeding, lacking proper justification, allows for the inference of malice.