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 |
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| 1. | When an act is done with ill- will motive towards an individual then it is called Malice –in –fact or express malice .
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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.
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| 2. | In Malice-in-fact there must be ill-will or any vindictive motive of the defendant against the plaintiff.
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While in Malice-in-law there must be Concurrence of mind with a wrongful act done by the defendant without just cause or excuse. |
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| 3.
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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 . | |
