Maxim 3.6.21
Previous intentions are judged by subsequent acts.
Source: Dumont v. Smith, 4 Denio (N.Y.) 319, 320; Weisman, 60k
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) When a party's prior intent is disputed, his subsequent conduct is the best evidence of what he originally intended — cite this to prove or disprove the existence of a prior agreement or design.
Where this applies
- A seller claims he always intended to deliver the goods on time, but his subsequent failure to ship for three months proves otherwise.
- A man claims he planned to repay a loan, but his subsequent acts — buying a luxury car, emptying his bank account, and fleeing the state — reveal that repayment was never his real intention.
- A company says it intended to comply with the safety regulation, but its subsequent decision to ignore the inspector's report and continue operations tells a different story.
Legal domains
Cite this maxim
NeCede Max. 3.6.21 — Previous intentions are judged by subsequent acts. — Dumont v. Smith, 4 Denio (N.Y.) 319, 320; Weisman, 60k
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