Legal Definitions - whim

Whim

A "whim" refers to a sudden, often unreasoned desire or impulse that leads to an action or decision without a logical or established basis. In legal contexts, decisions are expected to be grounded in evidence, law, or established procedures, rather than on arbitrary personal preference or momentary inclination.

Here are some examples illustrating the concept of a whim:

• Imagine a business owner who decides to terminate a long-standing supply contract with a reliable vendor, not due to any breach of contract, poor performance, or better offer from a competitor, but simply because they had a sudden, unprompted desire to try a new, unproven supplier they encountered online. This decision would be considered based on a whim because it lacks a rational business justification and is driven by a fleeting personal impulse rather than a reasoned assessment of business needs or contractual obligations.

• Consider a public official on a zoning board who votes against a meticulously planned and publicly supported development project, not due to concerns about environmental impact, traffic, or community opposition, but solely because they personally disliked the architectural style proposed on a particular day. Such a vote would be seen as based on a whim, as it stems from an arbitrary personal preference rather than objective criteria, legal guidelines, or the public interest that public officials are expected to uphold.