Also known as: wrongful acts · unlawful act · tortious act
Written by attorneys · grounded in primary & secondary sources — see below
A legally culpable act or omission that breaches a duty or violates a legal prohibition. Such an act supplies the basis for civil liability when committed by a partner or general partner in the ordinary course of business or with actual or apparent authority. It also supplies the predicate for involuntary manslaughter when the act is unlawful and proximately causes death. The same category of conduct supports a finding of duress when the act coerces a donor into an unwanted transfer.
Leah conducted unauthorized securities sales in violation of state law. When confronted by Silas, she slapped his phone away and shoved him into a glass partition that shattered. Silas bled to death from the lacerations. The battery supplied the unlawful act that supported involuntary manslaughter liability.
Carrie managed Barry's medications and company affairs while he suffered from chronic illness. She threatened to stop all care unless Barry executed a new will leaving everything to her. Barry signed the will under that pressure. The threat constituted the wrongful act that rendered the transfer invalid for duress.
Select any source to read its text and confirm it supports the definition.
Willa Whitman, a general partner in Winterhaven Logistics, signed a supply contract outside the partnership's ordinary business. The contract exposed the limited partnership to a large penalty when the supplier sued. The limited partnership remained liable for the penalty because the act occurred with apparent authority.
Wyatt Wilson, a partner at Warwick Electronics, misdelivered customer funds while acting within the ordinary course of business. The funds were lost. The partnership became liable for the resulting loss because the partner's conduct qualified as a wrongful act committed with actual authority.
Wren Wright's negligent driving caused a collision that left Wanda Weaver injured. A third driver then negligently failed to stop, worsening Wanda's injuries. The court evaluated the degree of culpability of the third driver's wrongful act when deciding whether it superseded Wren's liability.
Quentin approved a live stunt without required permits or safety barriers. A forklift struck and killed a contestant during the event. The production's operation of heavy machinery without licenses supplied the unlawful act that supported involuntary manslaughter.
No. The unlawful-act category of involuntary manslaughter requires only that the defendant commit an unlawful act that proximately causes death. The act may be a misdemeanor or a non-felony offense. Intent to kill is not required.
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A threat qualifies as a wrongful act when it coerces the donor into executing a transfer the donor would not otherwise have made. Threats to abandon a dependent or to withhold necessary care satisfy this standard when they overcome the donor's free will.
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A partnership is liable when the partner commits the wrongful act while acting in the ordinary course of business or with actual or apparent authority. The partnership faces liability for resulting loss, injury, or penalty even if the specific act was unauthorized.
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The degree of culpability of the third person's wrongful act is one factor courts weigh when deciding whether an intervening force supersedes the original tortfeasor's liability. Greater culpability by the third party increases the likelihood that the court will treat the act as a superseding cause.
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…statute, either of the Federal or state government, or a contract to let one's property for immoral purposes, or to do any other unlawful act, could obtain no protection from the Federal Constitution, as coming under the liberty of person or of free contract. Therefore, when the State, by its legislature, in the assumed exercise…