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 updated in July of 2024 by the Wex Definitions Team]