willful

Proceeding from a conscious motion of the will; voluntary; knowingly; deliberate. Intending the result which actually comes to pass; designed; intentional; purposeful; not accidental or involuntary. Premeditated; malicious; done with evil intent, or with a bad motive or purpose, or with indifference to the natural consequences; unlawful; without legal justification.

An act or omission is "willfully" done, if done voluntarily and intentionally and with the specific intent to do something the law forbids, or with the specific intent to fail to do something the law requires to be done; that is to say, with bad purpose either to disobey or to disregard the law. It is a word of many meanings, with its construction often influenced by its context. Screws v. United States, 325 U.S. 91,101, 65 S.Ct. 1031,1035, 89 L.Ed. 1495.

A willful act may be described as one done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly, or inadvertently. A willful act differs essentially from a negligent act. The one is positive and the other negative. Under Bankruptcy Code provision excepting from discharge debts "for willful and malicious injury by the debtor", 11 U.S.C.A. No. 523(aX6), term "willful" means deliberate or intentional, i.e., deliberate or intentional act which necessarily leads to injury. In re Salai, Bkrtcy.Fla., 50 B.R. 11, 12.

Act is "willful" within meaning of section of Internal Revenue Code imposing penalty for willful failure to pay federal income and social security taxes withheld from employees if it is voluntary, conscious and intentional; no bad motive or intent to defraud the United States need be shown, and a "reasonable cause" or "justifiable excuse" element has no part in definition. Harrington v. U.S., C.A.R.I., 504 F.2d 1306, 1315.

Under the Model Penal Code, a requirement that an offense be committed "willfully" is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements appears. M.P.C. No. 2.02(8).

See also criminal (criminal intent)

- mens rea

- motive

- premeditation.

In civil actions, the word [willfully] often denotes an act which is intentional, or knowing, or voluntary, as distinguished from accidental. But when used in a criminal context it generally means an act done with a bad purpose; without justifiable excuse; stubbornly, obstinately, perversely. The word is also employed to characterize a thing done without ground for believing it is lawful or conduct marked by a careless disregard whether or not one has the right so to act. United States v. Murdock, 290 U.S. 389, 394, 395, 54 S.Ct. 223, 225, 78 L.Ed. 381

@ willful and malicious injury

For such to exist there must be an intent to commit a wrong either through actual malice or from which malice will be implied. Such an injury does not necessarily involve hatred or ill will, as a state of mind, but arises from intentional wrong committed without just cause or excuse. In re Wernecke, D.C.N.Y., 1 F.Supp. 127,168.

It may involve merely a willful disregard of what one knows to be his duty, an act which is against good morals and wrongful in and of itself, and which necessarily causes injury and is done intentionally.

See also willful and wanton misconduct

@ willful and wanton act

See willful and wanton misconduct

@ willful and wanton injury

See willful and wanton misconduct

@ willful and wanton misconduct

Conduct which is committed with an intentional or reckless disregard for the safety of others or with an intentional disregard of a duty necessary to the safety of another's property. Giers v. Anten, 68 Ill.App.3d 535, 24 Ill.Dec. 878, 386 N.E.2d 82, 85.

Failure to exercise ordinary care to prevent injury to a person who is actually known to be or reasonably expected to be within the range of a dangerous act being done. Georgia Power Co. v. Deese, 78 Ga.App. 704, 51 S.E.2d 724, 728.

Conduct which is either intentional or committed under circumstances exhibiting a reckless disregard for the safety of others, such as a failure, after knowledge of an impending danger, to exercise ordinary care to prevent it or a failure to discover the dangers through recklessness or carelessness when it could have been discovered by the exercise of ordinary care. Lewandowski v. Bakey, 32 Ill.App.3d 26, 335 N.E.2d 572, 574.

An aggravated form of negligence, differing in quality rather than degree from ordinary lack of care. Morgan v. Southern Pac. Transp. Co., 37 Cal.App.3d 1006, 112 Cal.Rptr. 695, 698

@ willful and wanton negligence

Failure to exercise ordinary care to prevent injury to a person who is actually known to be, or reasonably is expected to be, within range of a known danger. Barall Food Stores v. Bennett, 194 Okl. 508, 153 P.2d 106, 109, 110.

See also negligence

- willful and wanton misconduct

@ willful blindness

In criminal law, a term used to refer to a situation where the defendant tries to avoid knowing something that will incriminate. It is usually held in this situation that the defendant "knows" anyway because he is aware of a high probability of its existence.

See Model Penal Code No. 2.02(7).

See also recklessly

@ willful, deliberate and premeditated

A criterion used in many jurisdictions to separate first from second degree murder. The Model Penal Code rejects this concept.

See premeditation

@ willful indifference to the safety of others

See willful and wanton misconduct

@ willfully and knowingly

An act is done willfully and knowingly when the actor intends to do it and knows the nature of the act. Deliberately.

See willful

@ willful misconduct of employee

Under workers' compensation acts, precluding compensation, means more than mere negligence, and contemplates the intentional doing of something with knowledge that it is likely to result in serious injuries, or with reckless disregard of its probable consequences.

"Wilful misconduct" disqualifying claimant for unemployment compensation involves:

(1) wanton and wilful disregard of employer's interest,

(2) deliberate violation of rules,

(3) disregard of standards of behavior which an employer can rightfully expect from his employee, or

(4) negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard for employer's interests or the employee's duties and obligations. Wilson v. Com. Unemployment Compensation Bd. of Review, 15 Pa.Cmwlth. 314, 325 A.2d 500, 501

@ willful murder

The unlawful and intentional killing of another without excuse or mitigating circumstances.

See also murder

- premeditation

@ willful neglect

The intentional disregard of a plain or manifest duty, in the performance of which the public or the person injured has an interest. Willful neglect suggests intentional, conscious, or known negligence-a knowing or intentional mistake. Puget Sound Painters v. State, 45 Wash.2d 819, 278 P.2d 302, 303.

Within adoption statutes, is neglect that is intentional, deliberate, and without just cause or excuse. In re Adoption of P. J. K., Mo.App., 359 S.W.2d 360, 363

+ willful neglect

The neglect of the husband to provide for his wife the common necessaries of life, he having the ability to do so; or it is the failure to do so by reason of idleness, profligacy, or dissipation.

See also necessaries

@ willful negligence

See negligence; also wanton negligence

@ willful tort

Term implies intent or purpose to injure. It involves elements of intent or purpose and malice or ill will, but malice or ill will may be shown by indifference to safety of others, with knowledge of their danger, or failure to use ordinary care to avoid injury after acquiring such knowledge. Hillard v. Western & Southern Life Ins. Co., 68 Ohio App. 426, 34 N.E.2d 75, 77, 23 O.O. 133.

See also tort (intentional tort)

@