Also known as:manifested intent · manifesting intent · manifestation of intent · clear intent · evident intent
Written by attorneys · grounded in primary & secondary sources — see below
A party's outwardly expressed or apparent purpose or state of mind, as evidenced by words, conduct, or circumstances, that determines the legal effect of an act or instrument.
Sources & Authorities
How it applies
Common Examples
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Post-Closing Elevator Repairs
Maya Malik purchased an office building from Metro Bank under a contract that required all elevators to be in good working order at closing. After the deed was delivered and payment made, Maya discovered several elevators needed major repairs. She sued Metro Bank for breach of the elevator covenant. The court permitted the claim to proceed because the covenant addressed physical condition rather than title and the parties' conduct showed no manifest intent that it would merge into the deed.
Release of Appointment Power
Melanie Morris held a power of appointment over trust assets. She executed a document directing that the assets pass directly to the takers in default and stating she would never exercise the power in any other way. The court held that the power was released to the extent any later exercise would contradict the manifested intent expressed in the document.
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Cases
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Insurance Coverage Dispute
Marcus Mitchell, an employee covered by a fidelity bond issued to Maxwell Manufacturing, diverted corporate funds to a personal account. The insurer denied coverage, arguing the acts were committed with manifest intent to cause loss and obtain financial benefit. The court examined Mitchell's communications and conduct to determine whether that intent was present and therefore triggered the bond exclusion.
Common questions
Frequently Asked
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How does manifest intent affect whether a contract covenant survives closing in a real property sale?+
Manifest intent determines whether a non-title covenant merges into the deed. When the parties' words or conduct show no clear intent that the covenant should merge, it remains independently enforceable after closing.
Supporting sources
What role does manifested intent play in releasing a power of appointment?+
A power is released to the extent a later exercise would be contrary to the manifested intent communicated by the donee. Any appropriate method that clearly expresses that intent is sufficient to effect the release.
Supporting sources
In fidelity bond cases, what must be shown to establish manifest intent?+
The insured must prove the employee acted with manifest intent both to cause the insured to sustain a loss and to obtain a financial benefit for the employee or another person. Both elements must be satisfied for coverage to be excluded.
Supporting sources
542 U.S. 200, 209 (2004)Torts
…action that provides an alternative remedy to those provided by the ERISA civil enforcement mechanism conflicts with Congress’ clear intent to make the ERISA mechanism exclusive. See Ingersoll-Rand Co. v. McClendon , 498 U. S. 133, 142 (1990) (holding that “[e]ven if there were no express pre-emption [under ERISA § 514(a)]”…
TortsIntentional torts · Harms to the personNEXTGENFoundational