Maxim 7.6.13
Malice is sour, it is the quality of a bad mind.
Source: 2 Bulst. 49; Weisman, 78b
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Malice is the hallmark of a corrupt mind — where malice is proved, the law infers a disposition hostile to the rights of others and punishes accordingly.
Where this applies
- A prosecutor proves that the defendant keyed his ex-girlfriend's car not by accident but out of pure spite, and the court treats the act as malicious destruction rather than careless damage.
- A landlord who evicts a tenant solely to punish her for calling the health inspector is found to have acted with malice.
- A former business partner who spreads lies about his colleague to ruin her reputation acts from a corrupt motive, and the court awards punitive damages for malice.
Legal domains
Cite this maxim
NeCede Max. 7.6.13 — Malice is sour, it is the quality of a bad mind. — 2 Bulst. 49; Weisman, 78b
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