Also known as: vital parts · vital organ
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A region of the human body whose injury is likely to cause death. Directing a deadly weapon at such a region permits the factfinder to infer an intent to kill and thereby establish malice aforethought for common-law murder.
A term central to the parties' negotiations and pricing that courts weigh heavily when assessing enforceability of a forum-selection clause.
Each sense below has its own examples, sources, and questions.
A region of the human body whose injury is likely to cause death. Directing a deadly weapon at such a region permits the factfinder to infer an intent to kill and thereby establish malice aforethought for common-law murder.
Select any source to read its text and confirm it supports the definition.
Virgil Volpe, enraged after an argument, grabbed a carving knife and deliberately plunged it into Devin Voss's neck. Devin died minutes later from the wound. The jury may infer from the intentional use of a deadly weapon against the neck that Virgil acted with intent to kill.
At common law, when a defendant intentionally uses a deadly weapon directed at a vital part of the victim's body, the factfinder may infer an intent to kill. This inference satisfies the malice aforethought element of murder. The neck, chest, head, and temple are recognized as vital areas because injury there is likely to prove fatal.
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No. The common-law inference arises from the objective circumstances of using a deadly weapon against a vital area. Direct evidence of subjective intent is not required. Circumstantial proof from the choice of weapon and target is sufficient.
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A term central to the parties' negotiations and pricing that courts weigh heavily when assessing enforceability of a forum-selection clause.
Select any source to read its text and confirm it supports the definition.
Velocity Logistics and its passenger entered a ticket agreement containing a forum-selection clause. The clause was central to the parties' negotiations and pricing decisions. A court may treat the clause as a vital part of the agreement when assessing its enforceability.
Vortex Energy contracted with a German tug owner to tow its drilling rig across the Atlantic. The parties negotiated a London forum clause as a key term that shaped the monetary and risk allocations. A court may enforce the clause because it formed a vital part of the overall bargain.
An activity is a vital part when it is essential to the vessel's total operations and cannot lawfully be abandoned. Transporting injured seamen to medical care and unloading cargo have both been held to qualify. The employer remains liable for negligence in performing such tasks even when delegated to third parties.
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When a forum clause is shown to have been a vital part of the parties' bargain, courts treat it as central to the negotiated terms and pricing. This factor supports enforcement absent a strong showing of unreasonableness. The clause's prominence in negotiations weighs heavily in the reasonableness analysis.
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…to enforce a similar clause. In this respect, the Court noted that there was “strong evidence that the forum clause was a vital part of the agreement, and [that] it would be unrealistic to think that the parties did not conduct their negotiations, including fixing the monetary terms, with the consequences of the forum…
…an indispensable element in international trade, commerce, and contracting. There is strong evidence that the forum clause was a vital part of the agreement,[^maj-16] and it would be unrealistic to think that the
Post-act statements that the defendant intended only to scare the victim do not automatically negate the inference. The factfinder evaluates intent at the moment of the act based on the weapon, target, and manner of use. The jury may accept the inference despite later disclaimers.
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