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NeCede's

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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