Also known as: exproposito · intentionally · purposely
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase indicating that an action was taken with purpose or design.
Select any source to read its text and confirm it supports the definition.
Eric Espinoza approached a pedestrian and brandished a knife while demanding cash. He positioned the blade to suggest immediate harm if the victim resisted. The factfinder concluded that Eric acted ex proposito to instill fear of serious bodily injury during the theft.
Eclipse Manufacturing permitted a former manager to continue using company letterhead after termination. Third parties relied on the documents and extended credit. The company became liable because it had ex proposito allowed the belief that the manager still acted on its behalf.
Eileen Epstein crossed a marked boundary onto a neighbor's pasture to retrieve a stray animal. She knew the land belonged to another yet proceeded without permission. Liability for trespass attached because the entry occurred ex proposito.
Emmett Egan aimed a loaded pistol at the victim's chest and pulled the trigger. The single shot proved fatal. The factfinder inferred malice aforethought from the ex proposito use of a deadly weapon directed at a vital area.
Ella Emerson removed fixtures and neglected repairs on mortgaged real estate without the lender's consent. The changes reduced the property's market value. The mortgagee established waste because the mortgagor had acted ex proposito in altering the premises.
Eduardo Enriquez feloniously and intentionally killed the decedent. He then claimed an intestate share of the estate. The court barred recovery because the killing occurred ex proposito, triggering statutory forfeiture of all benefits.
The phrase denotes that an act was performed with purpose or design rather than by accident or negligence.
Supporting sources
When a defendant acts ex proposito by directing a deadly weapon at a vital body part, factfinders may infer an intent to kill that satisfies malice aforethought.
No. The phrase focuses on purposeful conduct itself. The underlying motive need not be shown once the intentional nature of the act is established.
Supporting sources
…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…