Difference between “malice-in-fact” and “malice- in-law” – Explained!

Malice-in-fact

1. Malice-in-fact is an act done with ill will towards an individual.

2. Malice-in-fact depends upon motive.

3. Malice-in-fact means ilk-will or any vindictive motive against a person.

4. It is also known as “Actual malice” or “Express malice.”

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Malice-in-law

1. Malice-in-law means an act done wrongfully and without reasonable and probable cause.

2. Malice-in-law depends upon knowledge.

3. Malice-in-law means the concurrence of mind with a wrongful act done without just cause or excuse.

4. Malice-in-law is also known as “Implied Malice.”