Also known as: volitional conducts · voluntary act · volition
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that manifests the actor's will through a voluntary muscular contraction or omission the actor is physically capable of performing. Reflexes, convulsions, movements during sleep, and actions compelled by external force lack the required outward manifestation of volition.
Victor Vargas, a compliance officer, watched a worker divert untreated sludge into a storm drain. He considered pressing an alarm button but deliberately hesitated to verify a regulatory exemption. The hesitation constituted volitional conduct because it reflected a conscious choice while Vargas retained physical capability to act.
Vincent Valdez, known to have a seizure disorder, suddenly convulsed while adjusting monitoring knobs. The convulsion disabled the alarm and allowed continued discharge. The movement supplied no volitional conduct because it was a purely reflexive response to the worker's medical condition rather than an exercise of will.
Select any source to read its text and confirm it supports the definition.
Valerie Voss held a power to destroy an interest for her exclusive benefit. She exercised the power during the period when the interest remained subject to her uncontrolled volition. That period was excluded from the perpetuities calculation because the exercise demonstrated volitional conduct by the power holder.
Violet Vang, entitled to enforce a note, intentionally surrendered the instrument to the maker and added words indicating discharge. The surrender and notation constituted volitional conduct that discharged the maker's obligation without any need for consideration.
Virgil Volpe operated a service that automatically retransmitted television signals when subscribers pressed a button. The service's design and maintenance supplied the volitional conduct necessary for direct copyright infringement because the operator chose to create a system whose sole purpose was to produce copies.
Victoria Vernon, an employee, deliberately copied proprietary manufacturing processes onto a personal drive before resigning. The copying reflected volitional conduct that supported a misappropriation claim because Vernon exercised her own will rather than acting under external compulsion.
Volitional conduct requires an outward manifestation of the actor's will through a voluntary muscular contraction or omission the actor is physically capable of performing. A reflex or convulsion lacks this manifestation because it occurs without conscious direction, as when a person with a seizure disorder suddenly convulses while adjusting equipment.
Supporting sources
No. Movements that occur while a person is asleep or unconscious lack the required manifestation of will. An exhausted inspector who dozes at a desk and flips a valve while asleep therefore performs no volitional conduct even if the movement increases an unlawful discharge.
Supporting sources
Retention becomes volitional conduct once the actor is aware of control over the item for a period long enough to have terminated possession. A producer who receives an unmarked drive, discovers its illicit origin, locks it in a drawer, and reviews its contents over three weeks exercises volitional conduct through continued conscious dominion.
Supporting sources
A defendant is liable for direct infringement only when its own volitional conduct causes the unauthorized reproduction or performance. An automated retransmission service engages in volitional conduct when it designs and maintains a system whose sole purpose is to produce copies at subscriber request.
Supporting sources
…The law also protects the holder of a trade secret against disclosure or use when the knowledge is gained, not by the owner's volition, but by some "improper means," Restatement of Torts § 757 (a), which may include theft, wiretapping, or even aerial reconnaissance.[^maj-5] A trade secret law, however, does not offer…