| 释义 |
malice
n. 1. (in criminal law) A state of mind (see mens rea) usually taken to be equivalent to intention or recklessness: it does not require any hostile attitude. Malice is said to be transferred when someone intends to commit a crime against one person but in fact commits the same crime against someone else (for example, if he intends to shoot X but misses, and instead kills Y: R v Latimer [1886] 17 QB 359). Malice is universal (or general) when the accused has no particular victim in mind (for example, if he shoots into a crowd intending to kill anyone). In both cases this constitutes mens rea. 2. (in tort) A constituent element of certain torts. In the English law of tort, the general rule is that a malicious motive cannot make conduct unlawful if it would otherwise be lawful (Bradford Corpn v Pickles [1895] AC 587 (HL)). For example, a right to take water from under one’s own land can lawfully be exercised solely in order to cause damage to a neighbour. However, in some cases malice can be relevant. An action for malicious prosecution requires proof that the prosecution was instigated maliciously, i.e. without reasonable and probable cause. In defamation, a malicious motive invalidates the defence of qualified privilege (see motive malice and deceit malice). Malice is also relevant to liability for conspiracy to injure someone. In nuisance malice renders an otherwise lawful act unlawful. |