• 2005 - Actual Malice
  • C-72.16
    • Damages
    • Exemplary Damages
    • Malice
  • The term "malice" means an intent with ill will or wrongful motive to harass, annoy, or injure another person. Actual malice is the actual state or condition of the mind of the person who did the act. Direct evidence of actual malice is not required. Rather, the character of the act itself, with its surrounding facts and circumstances, may be inquired into for the purpose of ascertaining the motive or purpose which influenced the mind of the party in committing the act. Thus, upon the consideration of these, if that motive is found to be improper and unjustifiable, the law authorizes the jury to find it was malicious.
    • Ingalls v. Paul Revere Life Ins. Group, 1977 ND 43, 561 NW2d 273
    • McLean v. Kirby Co., 490 NW2d 229 (ND 1992)
    • Stoner v. Nash Finch, Inc., 446 NW2d 747 (ND 1989)
  • Notes: