Also known as: malus animus · malo animos · with evil intent · malicious intent · maliciously
Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase indicating that an act was performed with evil intent or malice. The phrase identifies the mental state that supports punitive damages or elevates an intentional tort when the actor acts out of spite or ill will rather than a legitimate purpose.
Madison Meyers ended her engagement to Marco Marquez the day after his startup received a major funding round. She had previously encouraged his career moves and relocation plans in reliance on the wedding. Because she acted to spite him and damage his reputation in the tech community, a court permitted punitive damages under the retained heartbalm statute.
After hearing a racial slur, Michelle Murphy retrieved a weapon and returned to confront the speaker. The sequence showed a deliberate choice to kill rather than an immediate reaction, allowing the jury to find the requisite premeditation supported by malo animo.
Select any source to read its text and confirm it supports the definition.
Matthew Martinez killed during an altercation and claimed insanity. The prosecution had to prove beyond a reasonable doubt that he acted with the malicious intent required for murder rather than under an insane impulse.
Morgan Financial issued a false credit report about Mina Mehta solely to harm her business relationships. Because the report was made with actual malice and no legitimate purpose, the court allowed presumed and punitive damages without proof of special harm.
Monica Morgan poured what she believed was gasoline throughout a building and lit a match intending to destroy it for insurance proceeds. Her purposeful conduct under the circumstances as she believed them to be established attempted arson driven by malo animo.
Majestic Construction fired Marco Marquez immediately after he reported safety violations, citing a pretextual performance issue. The timing and lack of any legitimate business reason demonstrated that the termination was carried out with malo animo, breaching the implied covenant of good faith.
No. Under the definition, malo animo is shown by spiteful or ill-willed conduct even without personal animus. The mental state alone supports punitive damages or elevates the tort when the actor acts without legitimate purpose.
Supporting sources
An intentional invasion is unreasonable if the conduct is spiteful or offends common decency with no legitimate utility. Retaliatory placement of offensive objects directed at neighbors meets this standard without further balancing.
Supporting sources
Yes. When the defendant acted maliciously in breaching a promise to marry, the tort aspect of the claim permits punitive damages in addition to actual reliance losses.
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…law which subjects to prosecution "any person who speaks, writes, or prints of and concerning another any accusation falsely and maliciously importing the commission by such person of a felony, or any other indictable offense involving moral turpitude," and which allows as punishment upon conviction a fine not exceeding $500 and…