Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
ill will
A feeling of hostility or animosity toward another. This sense captures prejudicial dispositions that may support claims requiring proof of discriminatory motivation.
2
intention
A purposeful mental state directing an act or its consequences. Courts examine this state to determine whether a party acted with the required design, such as to kill, to create an interest in land, or to deceive.
Each sense below has its own examples, sources, and questions.
Sense 1
1
ill will
A feeling of hostility or animosity toward another. This sense captures prejudicial dispositions that may support claims requiring proof of discriminatory motivation.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
Dictionaries
Sense 2
2
intention
A purposeful mental state directing an act or its consequences. Courts examine this state to determine whether a party acted with the required design, such as to kill, to create an interest in land, or to deceive.
Sources & Authorities· 4 primary sources
Select any source to read its text and confirm it supports the definition.
Federal Rules
Common Law
Restatements
Examples6
Express Malice in Homicide
Anthony Arnold pointed a loaded revolver at his neighbor and pulled the trigger after a heated argument. The prosecution proved that Arnold acted with the deliberate purpose of ending the neighbor's life. Because the state established this purposeful mental state, the killing constituted murder rather than manslaughter.
Merger and Independent Promises
Audrey Ashton sold her home to Anchor Bank under a contract that separately promised Ashton would remove an encroaching shed within sixty days. After closing, the bank discovered the shed still stood. The court examined the parties' purpose in making the removal promise and held that it survived merger because it was independent of the deed itself.
Pleading Fraudulent Intent
Ava Adebayo sued Avalon Pharmaceuticals alleging that the company knowingly misrepresented clinical trial results. Her complaint described the specific false statements and attached internal emails showing the company's awareness. Because the rules permit general allegations of the company's state of mind, the claim survived a motion to dismiss.
Frequently Asked6
How does animus differ from mere negligence in homicide cases?+
Animus requires a purposeful mental state such as a deliberate intent to kill. Negligence involves a failure to perceive risk that a reasonable person would have perceived. The distinction determines whether malice aforethought exists and elevates the offense to murder.
Supporting sources
When may a court find that a promise survives merger under the intent test?+
A court examines whether the parties intended the promise to remain independent of the deed. Promises collateral to the conveyance, such as an agreement to build a fence, survive if the parties' purpose was that the obligation continue after closing.
Adrian Aguilar was charged with arson after a warehouse fire. The government offered evidence that Aguilar had previously set two controlled burns on his own property to collect insurance. The court admitted the evidence to prove that Aguilar possessed the purpose to destroy the warehouse for financial gain rather than to show general criminal propensity.
Creating an Easement by Intent
Arthur Abrams conveyed a parcel to Aether Technologies while expressly reserving a right of way across the land for access to his remaining acreage. The deed language demonstrated Abrams's purpose to burden the conveyed parcel with a servitude. Because the parties' design was clear, the court recognized an express easement.
Voluntary Act and Purpose
Alan Ackerman slipped on ice and instinctively grabbed a nearby pedestrian to regain balance. The pedestrian sued for battery. The court found that Ackerman's muscular response was a voluntary act because his mind directed the movement to avoid falling, even though the contact was not malicious.
Why does Rule 9(b) allow general pleading of intent in fraud cases?+
The rule recognizes that a party's state of mind is often known only through circumstantial evidence. Requiring particularity for every detail of intent would impose an unrealistic burden at the pleading stage while still demanding specificity for the surrounding circumstances.
Supporting sources
What non-propensity purpose does evidence of prior acts serve when offered to prove intent?+
Prior acts may be admitted to show that the defendant possessed the specific purpose to commit the charged offense. The evidence must be tied to a disputed mental-state issue rather than offered merely to suggest the defendant acted in conformity with a bad character.
Supporting sources
How is intent to create a servitude established under the Restatement?+
The intent may be shown by express language in the deed or by circumstances that imply the parties' purpose. No particular words are required. The court looks to the overall transaction to determine whether the parties meant to burden the land with a servitude.
Supporting sources
Does pressure from external circumstances negate the existence of an act driven by animus?+
No. Even when external pressure makes the choice difficult or nearly irresistible, a muscular movement directed by the actor's mind remains an act. The pressure may excuse liability but does not eliminate the purposeful character of the movement.
Supporting sources
cannot be determined with any degree of certainty. An additional reason for the inconclusive nature of the Amendment's history with respect to segregated schools is the status of public…
whose name and address were then known to it and who was "entitled to share in the income therefrom. . . [or] . . . who would be entitled to share in the principal if the event upon which…
TortsNegligence · The standard of careUBEFoundational