HopefullyInLawSchool
16:06
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
transferred malice
Read a random definition: charitable remainder trust (Charitable Remainder Irrevocable Unitrust)
A quick definition of transferred malice:
Transferred malice is when someone intends to harm one person or thing, but ends up harming another person or thing instead. For example, if someone throws a rock at a window to break it, but accidentally hits a person instead, the harm is transferred from the window to the person. This concept only applies if the intended harm and the actual harm are of the same kind.
A more thorough explanation:
Definition: Transferred malice is a legal term that refers to the intent to harm one person or object, but instead causing harm to another person or object in the same way.
For example, if someone shoots a gun at one person with the intention to harm them, but accidentally hits and kills another person, the shooter can be charged with murder of the unintended victim. This is because the intent to harm was transferred from the intended victim to the unintended victim.
Another example is if someone throws a rock at a specific window with the intention to break it, but accidentally hits and breaks a different window instead. The person can still be charged with malicious damage to the unintended window because the intent to harm was transferred from the intended window to the unintended window.
These examples illustrate how transferred malice can be applied in criminal cases to hold individuals accountable for their actions, even if the harm caused was not intended for the victim.