Skip to content
NeCede's

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

Found an error? Suggest a correction →