Legal Definitions - positive act

A positive act refers to a deliberate, observable action taken by an individual. It is a concrete step or physical manifestation of intent, as opposed to a mere thought, an intention that is not acted upon, or a failure to act (an omission). In legal contexts, a positive act is often required to establish liability, demonstrate a specific legal event, or fulfill a legal requirement.

Here are some examples illustrating the concept of a positive act:

• Example 1: Contract Formation

  Scenario: Sarah wants to buy a car. After negotiating with the dealership, she physically signs the purchase agreement document.

  Explanation: Sarah's act of signing the document is a positive act. It is a clear, observable physical action that demonstrates her intent to enter into a binding contract, creating legal obligations for both her and the dealership. Merely thinking about buying the car or verbally agreeing without signing would not typically constitute the same level of positive act required for a formal written contract.

• Example 2: Criminal Liability

  Scenario: During an argument, Mark becomes angry and throws a glass against the wall, causing it to shatter.

  Explanation: Mark's action of throwing the glass is a positive act. It is a deliberate, physical action that directly caused damage to property. This positive act could lead to criminal charges such as property damage. His anger alone, without the physical act of throwing, would not be sufficient for such a charge.

• Example 3: Initiating a Legal Process

  Scenario: A company decides to sue a competitor for patent infringement. Their legal team then files a complaint with the appropriate court.

  Explanation: The act of filing the complaint is a positive act. It is a concrete, observable step that formally initiates a lawsuit, setting in motion the legal process to resolve the dispute. Without this positive act of filing, the lawsuit would not legally exist, regardless of the company's intention to sue.