BREACH OF DUTY
Once a standard of care is established, the second element of negligence comes into play─that of failure to conform to the duty.
Negligent conduct may occur because a person did something that was dangerous, or the same negligent conduct could occur because a person failed to do something. What is important from a liability standpoint is that a defendant was somehow involved in the activity that resulted in an accident.
There are three words that describe the type of breach involved with a negligent act: nonfeasance, misfeasance, and malfeasance. They can be very important in determining the severity of the breach of duty and therefore the liability of the defendant(s). Black’s Law Dictionary describes the differences in the types of negligent acts as follows:
Nonperformance of some act which ought to be performed, omission to perform a required duty at all, or total neglect of duty.
The improper performance of some act which a man may lawfully do.
Evil doing; ill conduct. The commission of some act which is positively unlawful.
- 1 0 年前最佳解答
他們可能是非常重要的在決定責任的裂口的嚴重方面因此被告 (s) 的責任.黑色的法律字典在疏忽行為的類型中描述不同依下列各項:
應該被表現的一些行為的不履行, 省略全然表現必需的責任, 或責任的總計疏忽。
邪惡做; 個 B 疾病引導。 肯定非法的一些行為的委員會。參考資料： 自己