Concurrence
The requirement that the criminal act and intent occur simultaneously; also a judge's written agreement with the court's outcome but for different reasons.
While straightforward in theory, many businesses fail to actively track obligations tied to this concept - often resulting in missed deadlines, unintended renewals, penalties, or loss of contractual rights.
US Law · For business owners and foundersWhat is a Concurrence?
In criminal law, concurrence is the requirement that the criminal intent (mens rea) and the criminal act (actus reus) occur at the same time or in immediate temporal proximity. You cannot be guilty of a crime if you acted without intent, or if you had intent but never acted on it. The two must coincide.
In appellate law, concurrence refers to a judge's written opinion agreeing with the outcome of a case but disagreeing with the reasoning of the majority opinion. A concurring opinion is not the law of the case, but it may influence future courts and provides alternative reasoning.
In civil litigation, concurrence can also refer to concurrent jurisdiction - where multiple courts have authority over the same dispute - or concurrent obligations, where contractual duties must be performed at the same time.
In practice, many teams rely on a contract expiry tracking system to stay on top of dates and obligations tied to clauses like this.
Key Elements
Temporal Concurrence
The criminal act and intent must be present at the same time. If you intend to harm someone years in the future and then, without current intent, accidentally harm them, you likely lack the concurrence of intent and act for a crime requiring specific intent.The "Volitional Act" Requirement
The criminal act must be volitional (willed by the actor) and must be accompanied by the requisite intent. A reflexive or involuntary act, even if harmful, typically does not satisfy the actus reus element.Concurring Opinions and Binding Effect
A concurring opinion agrees with the outcome but not the reasoning. If the concurring judge is in the majority (outcome), the case is decided as the concurring judge votes, but only the reasoning joined by a majority is binding law. A concurring opinion is persuasive but not precedent.Concurrent Jurisdiction
When two courts have concurrent jurisdiction, either can hear the case. The first court to assume jurisdiction typically prevails; the other court defers. Parties may strategically file in the forum that favors them.Concurrent Obligations in Contracts
In contract law, concurrent obligations must be performed at the same time - each party's performance obligation is conditioned on the other's simultaneous performance. For example, in a sale, payment and delivery are typically concurrent obligations.Real-World Example
A Defendant intends to steal a car, but when attempting to enter the car, accidentally pushes it into a pedestrian, injuring them. Defendant did not intend to harm the pedestrian.
For assault or battery requiring intent to harm, there is likely no concurrence - the harm was accidental and unintended at the moment of the act. Defendant may be liable for negligence or recklessness (if Defendant was reckless about safety), but not for intentional assault. The criminal act and the requisite intent must coincide.
This is why many businesses adopt automated deadline tracking to ensure no critical dates are missed before they pass.
Sample Clause Language
Concurrent Performance ObligationWatch Out For
Misunderstanding the concurrence requirement in criminal cases
Some defendants mistakenly believe they can avoid liability by claiming they did not intend a specific harm at the moment of action. This misses the point: if the criminal act and some form of intent coincide (e.g., intent to commit one crime that results in a different harm), concurrence may be satisfied.In contract law, unclear whether obligations are concurrent or sequential
If a contract does not specify whether performance obligations are concurrent or sequential, disputes arise about who must perform first. A contract should clearly state: "Payment and delivery are concurrent obligations" or "Seller shall deliver; Buyer shall pay within 30 days of receipt."Assuming concurrent jurisdiction means both courts will hear the case
Concurrent jurisdiction means either court can hear the case, but typically only one will. Once one court assumes jurisdiction and the parties litigate there, the other court defers. Race to the courthouse matters when courts have concurrent jurisdiction.Don't let concurrence deadlines catch you off guard
Key dates tied to concurrences - renewal windows, expiry cutoffs, notice periods - can easily slip through the cracks when tracked manually. Missing them triggers automatic extensions, penalties, or lost rights. ExpiryEdge tracks every critical deadline and sends automated reminders before they're due - so nothing slips.
Instead of relying on spreadsheets or manual follow-ups, a centralized renewal reminder system ensures every deadline is visible, tracked, and actioned automatically.
How to Use This in Your Favor
Specify whether contractual obligations are concurrent or sequential
In purchase agreements and service contracts, explicitly state the order and timing of obligations. Example: "Payment is concurrent with delivery: Buyer shall pay when Seller delivers, not before."In contract disputes, claim concurrent obligations to protect payment
If you are a seller concerned about non-payment, claim that payment and delivery are concurrent obligations. This allows you to withhold delivery until payment is assured.Related Terms
Frequently Asked Questions
What if I intend to commit one crime and accidentally commit another?
The concurrence requirement is usually satisfied - you acted with criminal intent, even if the specific harm was unintended. You may be liable for the crime that occurred, not the intended crime. This depends on the specific crime and intent required.
If obligations are concurrent, does one party have to go first?
Not necessarily. Concurrent obligations can be performed simultaneously (payment and delivery happen at the same time or in the same transaction). Each party tenders performance at the same time. This is common in real estate and goods sales.