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Legal Definitions - well-knowing
Definition of well-knowing
The term well-knowing describes an action or omission that is performed with full awareness and deliberate intent. It signifies that an individual understood the nature of their act or the likely consequences of their inaction, rather than acting out of ignorance, accident, or mistake.
Example 1: A pharmaceutical company's executive team decides to market a new drug without conducting the full range of required safety trials, despite receiving internal reports highlighting potential severe side effects. This would be considered a well-knowing decision.
Explanation: The executive team's choice was not accidental; they were fully aware of the incomplete trials and the potential risks, yet intentionally proceeded with marketing the drug. Their action was deliberate and informed by knowledge of the circumstances.
Example 2: An individual parks their car directly in front of a fire hydrant, clearly seeing the "No Parking" sign and understanding the critical importance of keeping fire hydrants accessible for emergencies. This act of parking would be described as well-knowing.
Explanation: The driver's decision to park there was not due to a lack of information or an oversight. They had full knowledge of the restriction and the reason behind it, yet intentionally chose to violate the rule.
Example 3: A contractor uses substandard materials for a building project, even though the project specifications explicitly require higher-quality, more durable materials, and the contractor is fully aware of these requirements and the potential structural integrity issues. This constitutes a well-knowing use of materials.
Explanation: The contractor's choice of materials was intentional and made with complete knowledge of the contractual obligations and the potential negative impact on the building's quality and safety. It was a deliberate deviation from the agreed-upon standards.
Simple Definition
"Well-knowing" is an adjective meaning intentional. Historically, this term was used in legal pleadings to allege scienter, indicating that a party acted with full knowledge or intent regarding their actions or omissions.