Define: Wilful

Wilful
Wilful
Quick Summary of Wilful

Wilful refers to intentionally doing something, without necessarily having negative intentions. It is distinct from accidental or careless actions. The term is sometimes spelled as “willful”. For instance, deliberately breaking a vase is considered wilful, while accidentally knocking it over is not.

Full Definition Of Wilful

Voluntary and intentional, but not necessarily malicious. For example, he deliberately chose to skip class and go to the beach. The company’s deliberate disregard for safety regulations led to a serious accident. These examples show that a deliberate action is one that is done on purpose, with full knowledge and intention. However, it does not necessarily mean that the action was done with malicious intent or with the intention to cause harm. In the first example, the person chose to skip class and go to the beach, but it was not necessarily a harmful or malicious act. In the second example, the company ignored safety regulations, which was a deliberate decision, but it may not have been done with the intention to harm anyone.

Wilful FAQ'S

“Wilful” refers to an intentional or deliberate act, where a person knowingly and willingly commits an action or omission.

The consequences of a wilful act can vary depending on the specific circumstances and the applicable laws. In general, wilful acts may lead to criminal charges, civil liability, fines, imprisonment, or other penalties.

Yes, there is a significant difference between wilful and negligent behavior. While wilful behavior involves intentional actions, negligence refers to a failure to exercise reasonable care or caution. Negligence is typically less severe than wilful misconduct.

Yes, a person can be held liable for damages caused by a wilful act. If someone intentionally causes harm or damage to another person or their property, they may be held responsible for compensating the victim for their losses.

Yes, there are potential defences against allegations of wilful misconduct. Some common defences include lack of intent, self-defence, necessity, duress, or mistake of fact. The availability and success of these defences depend on the specific circumstances of each case.

In certain situations, an employer can be held vicariously liable for the wilful acts of their employees. This typically applies when the employee commits the act within the scope of their employment or if the employer failed to properly supervise or train the employee.

Yes, a person can be charged with a crime for a wilful act even if no harm was caused. In some cases, the intent to commit a crime is sufficient to establish criminal liability, regardless of the actual outcome or harm caused.

The burden of proof for establishing wilful misconduct typically rests on the party making the allegation. They must provide sufficient evidence to convince the court or jury that the defendant acted intentionally and with knowledge of the consequences.

If a person was mentally incapacitated at the time of a wilful act, their liability may be affected. Mental incapacity can potentially be used as a defence, depending on the jurisdiction and the specific circumstances. However, this defence may not be applicable in all cases.

Expungement of a wilful act from a criminal record depends on the laws of the jurisdiction and the specific circumstances of the case. In some cases, certain offenses may be eligible for expungement if the person meets certain criteria, such as completing a rehabilitation program or maintaining a clean record for a specified period. However, expungement is not guaranteed and varies from jurisdiction to jurisdiction.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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