- wilful
- A word of several meanings, the meaning in the particular case often being influenced by the context. Spies v United States, 317 US 492, 87 L Ed 418, 63 S Ct 364. Voluntary, as distinguished from accidental. 21 Am J2d Crim L § 87. Intentional or deliberate, yet not necessarily with an evil purpose in mind. Fulton v Wilmington Star Mining Co. (CA7 111) 133 F 193; Kite v Hamblen, 192 Tenn 643, 241 SW2d 601. Stubborn, obstinate, perverse. United States v Murdock, 290 US 389, 78 1, Ed 381, 54 S Ct 223. Inflexible. Refractory. Wick v Gunn, 66 Okla 316, 169 P 1087, 4 ALR 107. Intentional and with a bad purpose. State v Clifton, 152 NC 800, 67 SE 751. Having a bad purpose, evil intent, or legal malice. Caldwell v State, 55 Tex Crim 164, 115 SW 597. The word wilful as used in a statute which denies compensation to an employee for an injury sustained when due to a wilful failure or refusal to perform a duty required by statute imports, not only the mere exercise of the will in failing to comply with the statute, but also an intention to do an act that he knows, or ought to know, is wrongful or forbidden by law, and involves the idea of premeditation and determination to do such act. 58 Am J1st Workm Comp § 203. It has been said that "wilfulness", as used in the Federal internal revenue statutes imposing criminal penalties, includes some element of evil motive and want of justification in view of the financial circumstances of the taxpayer, and as used in statutes imposing civil penalties it may, while often connoting a bad purpose, be used to characterize an act which is intentional, or knowing, or voluntary, as distinguished from accidental. Paddock v Siemonet, 147 Tex 571, 218 SW2d 428, 7 ALR2d 1062.
Ballentine's law dictionary. Anderson, W.S.. 1998.