Also known as:intentionally · willfully · intentional · willful · mens rea · with intent
Written by attorneys · grounded in primary & secondary sources — see below
A mental state or form of conduct marked by deliberate purpose or awareness that particular results will follow from the act.
Sources & Authorities
How it applies
Common Examples
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Deed Delivery Completes Transfer
Ibrahim Iqbal signed a deed naming Ivy Ibarra as grantee and handed the document to her at the closing table. He had prepared the deed after receiving full payment and intended the act to pass immediate ownership of the parcel. Title vested in Ibarra upon her acceptance because the delivery satisfied the requirement of intent to convey.
Conduct Shows Easement Release
Icarus Aviation owned an access easement across land held by Ideal Solutions. After constructing a new entrance on its own parcel, Icarus stopped all use of the easement route and permitted Ideal Solutions to install permanent fencing across the path. The conduct demonstrated intentional relinquishment that extinguished the easement.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Isaac Irving permitted Igor Ito to represent that Irving was the owner of equipment being sold to third parties. Knowing buyers were advancing funds on that basis, Irving took no steps to correct the belief. When the buyers later suffered loss, Irving became liable because he had intentionally caused the mistaken belief.
Entry Establishes Trespass
Isabella Ingram walked onto the fenced lot owned by Island Manufacturing after seeing clear no-trespassing signs. She entered to retrieve a tool she believed had been left there, knowing the land belonged to another. Liability for trespass attached even though no physical damage occurred.
Intentional Tort Supports Jurisdiction
Indigo Textiles mailed a letter containing false statements about a competitor directly to customers located in the forum state. The company knew the statements would cause reputational harm there. Personal jurisdiction existed under the effects test because the conduct was an intentional tort expressly aimed at the forum.
Member Breaches Care Duty
Ira Irving, a member of a member-managed LLC, knowingly filed false tax returns on behalf of the company to reduce its reported income. The act constituted willful misconduct that violated the statutory duty of care. The other members could pursue remedies against Ira for the resulting penalties and interest.
Common questions
Frequently Asked
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Does 'intentionally or willfully' require proof that the actor desired the precise harm that occurred?+
No. The standard is satisfied when the actor acts with purpose to bring about a result or with knowledge that the result is substantially certain to follow, even if the precise injury was not the primary goal.
How does intentional conduct differ from reckless conduct in statutes that list both?+
Intentional conduct requires purpose or substantial certainty of the result. Reckless conduct requires conscious disregard of a substantial and unjustifiable risk that the result will occur.
Can a person act intentionally yet still avoid liability under a mistake-of-fact defense?+
Only if the mistake was induced by the conduct of the other party. A unilateral, even reasonable, mistake of law or fact does not negate the intentional character of the entry or act.
In agency law, what level of intent triggers liability for apparent authority?+
Liability arises when the principal intentionally or carelessly causes the third party to believe the agent has authority, or when the principal knows of the belief and fails to correct it.
410 U.S. 113 (1973)Constitutional Law
…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…