Malice-in-fact and Malice –in-law

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malice-in-fact-law

Distinction in the between Malice-in-fact and Malice –in-law may be shown in the following tabular form:

    Malice-in-fact
Malice-in-law
1. When an act is done with ill- will motive towards an individual then it is called Malice –in –fact or express malice .

 

But when an act is done wrongfully and without reasonable and probable cause , it is called Malice-in-law or implied malice. In malice-in-law, the act done must be wrongful or legal right must be violated.

 

2. In Malice-in-fact there must be ill-will or any vindictive motive of the defendant against the plaintiff.

 

While in Malice-in-law there must be
Concurrence of mind with a wrongful act done by the defendant without just cause or excuse.
3.

 

Motive is the main ingredient upon which Malice-in-fact is based .
On the other hand , Knowledge is the main ingredient upon which Malice-in – law is based .