Also known as: deindustria · intentionally · purposely · with deliberation
Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase indicating that an act was performed designedly or on purpose.
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Derek Douglas corners Diego Duarte on a sidewalk and demands his wallet while holding a knife to his throat. Derek's actions place Diego in fear of immediate serious bodily injury. The factfinder may therefore find the threat element satisfied because Derek acted de industria.
Darius Dixon allows Dylan Duffy to represent that he owns a warehouse Darius actually controls. Suppliers extend credit to Dylan in reliance on that appearance. Darius knows of the belief yet takes no steps to correct it, exposing him to liability because he acted de industria.
Diana Delgado walks onto Dwight Dorsey's fenced pasture to reach a shortcut despite posted no-trespassing signs. She knows the land belongs to another. Her presence alone triggers trespass liability because she acted de industria even though no damage occurs.
Derek Douglas aims a loaded pistol at Diego Duarte's chest and fires during an argument. The shot strikes a vital area. The factfinder may infer from the deliberate use of the weapon that Derek acted de industria with intent to kill.
Darius Dixon removes load-bearing walls from a mortgaged building without the mortgagee's consent. The structural change reduces the property's market value. The mortgagee may therefore establish waste because Darius acted de industria.
Dylan Duffy intentionally kills his uncle to accelerate inheritance. The uncle dies intestate. The estate passes as though Dylan had disclaimed his intestate share because he acted de industria.
It emphasizes that the actor must have acted designedly rather than accidentally or negligently. Courts and factfinders therefore focus on evidence showing purposeful conduct when the term applies.
Supporting sources
No. The phrase requires only that the act itself be done on purpose. Additional proof of why the actor chose the conduct is unnecessary once purposeful action is shown.
Supporting sources
De industria denotes deliberate choice to bring about the result. Recklessness involves conscious disregard of a substantial risk without the same purposeful aim.
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…by earlier commentators. He concludes that Coke, who himself participated as an advocate in an abortion case in 1601, may have intentionally misstated the law. The author even suggests a reason: Coke's strong feelings against abortion, coupled with his determination to assert common-law (secular) jurisdiction to assess penalties…