Legal Definitions - external act

An external act refers to a physical, observable action or omission performed by an individual. In legal contexts, it is a bodily movement, or a failure to act when there was a legal duty to do so, that can be perceived by others. This concept is fundamental because, generally, the law does not punish mere thoughts, intentions, or desires; there must be some outward manifestation or conduct for legal responsibility to attach.

Here are some examples illustrating an external act:

• Example 1: Criminal Assault

  Imagine a person, out of anger, physically throws a punch at another individual, making contact and causing a bruise. The act of physically throwing the punch and hitting the other person is the external act. The law focuses on this observable physical action, rather than just the internal feeling of anger or the desire to cause harm, to determine if an assault occurred.

• Example 2: Formation of a Contract

  Consider a situation where a homeowner wants to hire a contractor for a renovation. After discussing the terms, the homeowner physically signs a written agreement outlining the scope of work and payment schedule. The act of signing the document is a clear, external act that demonstrates the homeowner's agreement to the contract's terms. This observable action is crucial for establishing a legally binding contract, as opposed to just a verbal discussion or an unexpressed intention to agree.

• Example 3: Negligent Driving

  Suppose a driver is distracted by their phone and fails to notice a stop sign, driving through the intersection without stopping and causing a collision. The external act here includes both the driver's failure to apply the brakes and stop (an omission of a required physical act) and the subsequent physical movement of the car into the intersection, resulting in the crash. These observable actions and omissions are what a court would examine to determine if the driver was negligent.