Type of Negligence (Nonfeasance, Misfeasance, Malfeseance)

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Avatar for Shekhar3508
2 years ago

The concept of Negligence-

In the legal sense, negligence is defined as a breach of the legal duty of care owed by the defendant, which leads to consequences such as damage to which the plaintiff has not even requested or intended to be exposed. It can be understood with the help of an example; in the case of "Blyth versus Birmingham waterworks " the defendants were the waterworks company. They had constructed a hydrant in front of the plaintiff's property, but the plaintiff had incurred water damage in his home as a result of the leakage from the hydrant during the winter months. In this particular case, the plaintiff filed a lawsuit against the defendants, alleging that they were negligent in their actions. The plaintiff filed a complaint about a leak in a fire hydrant that had been erected more than two and a half decades ago and had never previously experienced an issue. Is the waterworks company accountable if they are found to have acted negligently? This question was raised. However, according to the rule of law, negligence is defined as the failure to perform an act that any reasonable person would be expected to perform. However, only an accident that does not arise as a result of a failure to accept responsibility or as a result of no action being taken falls under the category of negligence. However, in this particular case, the court determined that the defendants were never negligent on their part, and that they had always taken precautionary measures for their responsibility, but that the cold winters of this particular year were something that was not within their account before this. It was a completely unexpected occurrence. In court, it was determined that the incident was the result of an accident rather than negligence. The following can be said about our given situation in the question if there were children who were playing on that land before the construction of the road; there is a prospect that the liability of B will be reduced because the obligation for taking precautions will be dispersed.

Nonfeasance- A person who is responsible for something or an act that he or she should have performed but who, for whatever reason, has failed to do so is said to be in breach of his or her responsibility. Then it's referred to as a nonfeasance. For example, if a corporation is responsible for the repair of ancient pipelines in a given area but does not carry out the repair owing to a variety of reasons, it falls under this category.

Misfeasance- This occurs when a person is responsible for performing an act of responsibility but does not do so properly or with full acceptable ethics and responsibility, and this must be addressed immediately. Misfeasance is the term used to describe this. For example, if a company is responsible for the repair of old pipelines in an area, but does not carry out the work with proper accountability, and instead uses poor and inexpensive pipe and materials to maximize personal profit, this could result in future harm to the people living in the vicinity.

Malfeasance- If the person who is responsible for the act of doing or performing anything does something that he is not permitted or authorized to do, or that was not done by him in the first place, this is referred to as a wrongful act. This is referred to as malfeasance by the individual. Example: A corporation is responsible for the repair of ancient pipes in an area, but it employs materials and equipment that have not been approved by the government or an authority, this is considered a violation of the law. When it comes to the law of torts, this is also considered to be an act of negligence. These are the three places at which we can deliver information to the appropriate people.

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