Legal Malice Law and Legal Definition

Legal malice is defined as an act growing out of the wicked or mischievous intention of the mind; an act showing a wanton inclination to mischief, an intention to injure or wrong, and a depraved inclination to disregard the rights of others. [Morasca v. Item Co., 126 La. 426 (La. 1910)].

Legal malice requires proof of an intentional act performed without justification or excuse. Legal malice may be inferred from one's acts, and unlike actual malice, does not require proof of evil intent or motive. It is also referred to as technical malice or malice in law. [Molina v. Jiffy Lube Int'l, Inc., 2008 U.S. Dist. LEXIS 85215 (S.D. Fla. Oct. 8, 2008)].