An unlawful act, often referred to as a tortious act in legal contexts, encompasses actions or omissions that violate established legal duties, causing harm to another party.
Understanding Unlawful Acts
The concept of an unlawful act is fundamental in law, defining situations where one party's actions or inactions lead to a breach of duty, incurring liability. These acts are stipulated by law and can arise in various forms, leading to potential claims for damages or other remedies.
Specifically, the law regards the following as unlawful acts:
- Violation of a Right: This occurs when an action infringes upon someone else's legal rights. This could include fundamental rights, property rights, or personal rights.
- Breach of a Statutory Duty: An unlawful act can be an action or an omission (failure to act) that breaches a duty explicitly imposed by law. These duties are typically found in statutes, regulations, or ordinances.
- Breach of Unwritten Law (Proper Social Conduct): This refers to an act or omission that violates a rule of unwritten law pertaining to proper social conduct. These are generally accepted norms or standards of care that society expects individuals to adhere to, often referred to as principles of due care or reasonableness.
In essence, an unlawful act is any conduct that either directly violates a legal right, disregards a duty established by legislation, or falls below the standard of care expected in society, leading to harm or injury.
