Also known as: states of a man’s mind · state of man's mind · mens rea · mental state · intention
Written by attorneys · grounded in primary & secondary sources — see below
A person's mental condition or intention at a particular time. This condition constitutes an existing fact that can be misrepresented in a fraud action just as any other fact can be.
Stephen Shaw stands trial for fraud. The prosecution calls a psychiatrist who begins to testify that Shaw lacked the required intent to deceive. The court immediately sustains an objection and instructs the jury that only it may decide the state of a man’s mind.
Sylvia Santos mails an offer to sell land to Sean Steele. Before acceptance, Santos sends a letter stating she has changed her mind and will not sell. Steele receives the letter and learns that the state of a man’s mind has shifted, terminating his power of acceptance.
Select any source to read its text and confirm it supports the definition.
Sierra Santos intends only to startle Sofia Stern by swinging a rolled newspaper near her face. The paper strikes Stern and causes a bruise. Stern recovers for battery because the state of a man’s mind need not include intent to cause the resulting harm.
Stella Shapiro grants a driveway easement across her lot to Silverline Industries. The recorded instrument is silent on width. A court examines the circumstances of creation to determine the parties’ manifested intention regarding the state of a man’s mind at the time of the grant.
Southland Foods’ founder executes a will then revokes it believing a new will is valid. When the new will fails, the court compares the founder’s probable intention with the revocation to decide whether the state of a man’s mind supports restoring the original will.
Sapphire Holdings transfers assets to a trustee and signs a document declaring the assets are held for named beneficiaries. The court finds the writing sufficient because it shows the settlor’s intention to create the trust through the state of a man’s mind at execution.
Rule 704(b) reserves that determination exclusively for the trier of fact. The rule treats the state of a man’s mind as an element the jury alone must decide from the evidence.
Receipt of a manifestation that the offeror no longer intends to contract terminates the power. The offeree learns that the state of a man’s mind has shifted and can no longer accept.
No. Liability attaches when the actor intends an offensive contact even if the resulting harm was unintended. The state of a man’s mind is measured by the intended contact, not the ultimate injury.
The language of the instrument and the circumstances surrounding its creation reveal the parties’ intention. That intention reflects the state of a man’s mind at the time the servitude was created.
The court compares the revocation with the testator’s probable intention. If leaving the revocation in place would better match that intention, the state of a man’s mind supports keeping the revocation effective.
The settlor must indicate an intention to create the trust. That manifested intention is the state of a man’s mind that satisfies the statutory requirement.
…ACT "SECTION 1. [ Abortion Defined; When Authorized. ] "(a) Abortion' means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. "(b) An abortion may be performed in this state only if it is performed: "(1) by a physician licensed to practice medicine…