willful
Willful refers to acts which are intentional, conscious, voluntary , and designed to achieve a particular result. The specific meaning of the term “willful” depends on the context in which it is used.
-
In the context of
criminal law
, the
Department of Justice
Criminal Resource Manual states that an act was
willful
if completed voluntarily, intentionally, and with the specific intent to violate a law. States have their own specific definitions for willful in
statutes
.
- For example, according to California Penal Code , willful when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.”
-
In the context of
tort
law, a
willful
tort
is committed in an intentional and conscious way.
- For example, if a doctor consumed copious amounts of alcohol right before they were to perform a surgery, then they are committing a willful tort.
- In the context of bankruptcy law, Beitel v OCA established that “ willful default is an intentional failure to respond to litigation .”
[Last reviewed in July of 2024 by the Wex Definitions Team ]
Wex