Defining 'Willful default'

In the legal parlance, usage of the term “willful default” or “Willfully” is very common. Many enactments use these terms interchangeably in different sections. These terms when added to a particular act, make the person committing the act, liable under most cases.  Here the term “Willfully” gains more significance in this section. This has now given the need for us to interpret the term “Willful”

DICTIONARY MEANING:

The term “Will default” does not have a legal definition. General Clauses Act also does not define the term “Willful”. Here reference to legal dictionaries becomes relevant.

Black’s law dictionary:

The term “willful” means an act which is done intentionally voluntarily and deliberately knowing and intending the result which actually comes to pass. A willful act may be described as one done intentionally, knowingly, and purposely without justifiable excuse.

An act or omission willfully done, if done voluntarily and intentionally and with the specific intent to do something which the law forbids, or with the specific intent to fail to do something the law requires to be done; with the bad purpose either to disobey or disregard the law.[1]

JUDICIAL INTERPRETATIONS:

• “A consensus of the meaning of the words ‘willful default’ appears to indicate that default in order to be willful must be intentional, deliberate, calculated and conscious, with full knowledge of legal consequences flowing therefrom.”[2]
• “The adjective “willful” in “willful acts or defaults” has evidently been used as a description and not as a definition. The idea intended to be conveyed is that the default is occasioned by the exercise of volition or as the result of the non-exercise of will due to supine indifference, although the defaulter knew or was in a position to know that loss or harm was likely to result. The word does not necessarily suggest the idea of moral turpitude. We have also to eliminate the elements of accident or inadvertence or honest error of judgment. The default must be the result of deliberation or intent or be the consequence of a reckless omission. “Willful default” therefore is indicative of some misconduct in the transaction of business or in the discharge of duty by omitting to do something either deliberately or by a reckless disregard of the fact whether the act or omission was or was not a breach of duty.”[3]
• “A consensus of the meaning of the words ‘willful default’ appears to indicate that default in order to be willful must be intentional, deliberate, calculated and conscious, with full knowledge of legal consequences flowing therefrom.”[4]
• “Willfulness” implies an act done intentionally and designedly; a conscious failure to observe care; Conscious; knowing; done with stubborn purpose, but not with malice.”[5]

My personal opinion:  Defining willful default is quite possible, but each and every case identifying whether a person’s default is willful or not has a lot of difficulty. As a principle of law, an accused is presumed innocent unless his guilt is proved. This is true but unfortunately it is always not possible for the prosecution to prove the “Willfulness” in the act of the accused. This position will not easily change irrespective of our technological advancement!

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[1] Screws Vs. United States325, U.S. 91, 101

[2] Chordia Automobiles v. S. Moosa & Ors. (2000)3SCC282

[3] L. Hudson v. Official Liquidator of Dehra Dun Mossoorie Electric Tramway Co.  AIR1929All826

[4]P. Rajanna v. K. Lalitha Reddi alias Chinnamma Devi and another   AIR1996AP113

[5] S. Sundaram Pillai and Ors. v. V.R. Pattabiraman and Ors.  AIR1985SC582