Malice

What is Malice in Tort Law?

Malice in tort law refers to the intention or desire to cause harm to someone, which can affect the outcome of certain legal claims, particularly in defamation and malicious prosecution cases.

Quick Definition

Malice involves a wrongful intention to harm someone, either through spite or ill will. It can be a crucial factor in determining liability and damages in specific tort cases.

In Context

Malice is often a key element in torts like defamation and malicious prosecution. For instance, in defamation cases, proving malice can negate defences like qualified privilege. A famous example is the case of New York Times Co. v. Sullivan (1964), where the U.S. Supreme Court held that public officials must prove "actual malice" to win a defamation suit, meaning the statement was made with knowledge of its falsity or with reckless disregard for the truth.

See Also

• Defamation

• Qualified Privilege

• Malicious Prosecution

Learn More

Delve into the role of malice in tort law with our Tort Law Notes for detailed case law, examples, and revision tips.