• 2002 - Malice
  • C-2.30
    • Exemplary Damages
    • Malice
    • Tort Liability
  • The term "malice" and "maliciously" import a wish to vex, annoy, or injure another person, or an intent to commit a wrongful act, established either by proof or presumption of law. Malice may consist of 1) a direct intention to injure another or 2) a reckless disregard of another's rights and the consequences that may result. Malice is not limited to a spiteful, malignant, or revengeful disposition and intent; it includes wrongful and improper motives as well as intent to commit a wrongful and improper act. If a wrongful or unlawful act is willfully or deliberately committed, the law presumes that the act was committed with unlawful intent.
    • 12.1-01-04(15)
    • 31-11-03(2)
    • Ingalls v. Paul Revere Life Ins. Group, 1997 ND 43, 561 NW2d 173
    • Kummer v. City of Fargo, 516 NW2d 294 (ND 1994
    • Maragos v. Union Oil Co. of California, 1998 ND 180, 584 NW2d 850
    • McLean v. Kirby Co., 490 NW2d 229 (ND 1992)
    • Redahl v. Stevens, 250 NW 534 (ND 1933)
    • Serhienko v. Kiker, 392 NW2d 808 (ND 1986)
    • Shoemaker v. Sonju, 108 NW 42 (ND 1906)
    • Slaubaugh v. Slaubaugh, 466 NW2d 573 (ND 1991)
    • State v. Keller, 2005 ND 86, 695 NW2d 703
    • Stoner v. Nash Finch, Inc., 446 NW2d 747 (ND 1989)
  • Notes: This instruction includes both actual and presumed malice.