Legal Definitions - wilful

In legal terms, wilful (or willful) describes an action or omission that is done intentionally, deliberately, or with a conscious disregard for a known duty or the potential consequences. It signifies that a person made a conscious choice to act or not act, rather than doing so accidentally, mistakenly, or through mere negligence. The core idea is the presence of a specific intent or a deliberate decision to proceed despite awareness of wrongdoing or a legal obligation.

Here are some examples to illustrate the concept of "wilful":

• Example 1: Deliberate Misconduct

  Imagine a disgruntled employee who, before leaving their job, intentionally deletes critical project files from the company server, knowing that this action will severely disrupt ongoing work and cause financial losses. This act is considered wilful because the employee deliberately chose to delete the files with the clear intent to cause harm to the company.

• Example 2: Intentional Breach of Duty

  Consider a landlord who repeatedly and knowingly fails to address severe plumbing issues in a rental property, despite receiving numerous written complaints from tenants and being aware of local housing codes requiring prompt repairs. The landlord's continued inaction, despite knowledge of the problem and their legal obligation, demonstrates a wilful disregard for their duties, rather than a simple oversight.

• Example 3: Deliberate False Statement

  Suppose an individual applying for a loan intentionally provides false information about their income and assets on the application form, knowing that the bank relies on this information to assess creditworthiness. This act of deception is wilful because the applicant deliberately chose to misrepresent facts with the intent to gain an advantage, fully aware that the information was untrue.