§ 26-2 Malicious Prosecution - Malice Defined
| Library | South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.) |
§ 26-2 Malicious Prosecution - Malice Defined
Malice is an essential element of malicious prosecution. What, then, is malice in the law?
Malice is a word suggesting wickedness, hatred, and a determination to do what one knows to be wrong without just cause or excuse or legal provocation. Malice is a term of art in the law. It is a technical term importing wickedness and excluding just cause or excuse. Malice is defined as the deliberate and intentional doing of a wrongful act, intending the act to be wrong and committing that act without just cause or excuse. Malice refers to a condition of mind which prompts a person to do a wrongful act willfully, that is, on purpose, to the injury of another, or to do intentionally a wrongful act toward another without...
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