Study 6: General Legal Principles - Key Terms

Question 1

Tortfeasor

Answer 1

A wrongdoer; a party guilty of a tort.

Question 2

Joint and several liability

Answer 2

A claimant may pursue an obligation against any one party as if he or she were jointly liable, and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment.

Question 3

Agent

Answer 3

A person licensed and authorized or employed to act on behalf of another.

Question 4

Principal

Answer 4

The individual or corporation whose performance is guaranteed in suretyship.

Question 5

Feasance

Answer 5

The performance of an act. A legal term for doing or accomplishing something.

Question 6

Misfeasance

Answer 6

The improper performance of something that is legal to do.

Question 7

Nonfeasance

Answer 7

The omission to perform duties which by law one is bound to do. The failure to perform an act required by law.

Question 8

Malfeasance

Answer 8

An intentional act which in itself is unlawful or wrongful, and is conducted by someone in an official capacity as an official duty, especially by officials or public employees.