wilful misconduct

wilful misconduct
Deliberate disobedience of the law, inclusive of acts of omission as well as acts of commission. The intentional doing, or omitting to do something, either with the knowledge that such act or omission is likely to result in harm or with a wanton and reckless disregard of the consequences. Gulf, M. & 0. R. Co. v Freund (CA8 Mo) 183 172d 1005, 21 ALR2d 729. Such conduct as manifests a disposition to perversity, and under such surrounding circumstances and existing con- ditions that the party doing the act or failing to act must be conscious from his knowledge of such circumstances and conditions that his conduct will in all common probability result in injury. Universal Concrete Pipe Co. v Bassett, 130 Ohio St 567, 200 NE 843, 119 ALR 646. The expression means something different from and more than negligence, however gross. There must be actual knowledge, or that which in the law is esteemed to be the equivalent of actual knowledge, of the peril to be apprehended from the failure to act, coupled with the conscious failure to act to the end of averting injury. Helme v Great Western Milling Co. 13 Cal App 416, 185 P 510. Wilful misconduct depends upon facts of the particular case and necessarily involves deliberate, intentional, or wanton conduct in doing or omitting to perform acts, with knowledge or appreciation of the fact on the part of the culpable person that danger is likely to result therefrom. Cowgill v Bones, 189 Or 282, 218 P2d 445, 19 ALR2d 405. As to what constitutes wilful misconduct in reference to the application of statute respecting liability of motorist for injury to guest, see Anno: 136 ALR 1271. See serious and wilful misconduct.

Ballentine's law dictionary. . 1998.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • wilful misconduct — UK US UK (US willful misconduct) noun [U] HR, LAW ► intentional bad behaviour by a person or group in a position of authority: »The investigation led to formal accusations of willful misconduct against two colleagues …   Financial and business terms

  • misconduct — mis‧con‧duct [ˌmɪsˈkɒndʌkt ǁ ˈkɑːn ] noun [uncountable] formal bad or dishonest behaviour by a professional person: • the penalties for such misconduct as fraudulent trading or theft ˌgross misˈconduct HUMAN RESOURCES …   Financial and business terms

  • serious and wilful misconduct — Deliberate misconduct, something more than mere negligence or even gross or culpable negligence. Conduct to which moral blame attaches the intentional doing of something either with the knowledge that it is likely to result in serious injury or… …   Ballentine's law dictionary

  • wilful — [[t]wɪ̱lfʊl[/t]] (in AM, use willful) 1) ADJ: ADJ n (disapproval) If you describe actions or attitudes as wilful, you are critical of them because they are done or expressed deliberately, especially with the intention of causing someone harm.… …   English dictionary

  • serious and wilful misconduct — In worker s compensation law, the intentional doing of something with the knowledge that it is likely to result in a serious injury, or with a wanton and reckless disregard of its probable consequences …   Black's law dictionary

  • wilful and wanton misconduct — A deliberate and intentional wrong. Antonen v Swanson, 74 SD 1, 48 NW2d 161, 28 ALR2d I (phrase in statute respecting liability of motorist for injury to guest). Under a statute which imposes liability on the driver of a car for injury to a guest …   Ballentine's law dictionary

  • serious misconduct — Improper conduct of a grave and serious nature. Gonier v Chase Co. 97 Conn 46, 115 A 677, 19 ALR 83, 88 (term appearing in workmen s compensation statutes). As the term is used in workmen s compensation acts, Bevan in his work on Workmen s… …   Ballentine's law dictionary

  • absenteeism — Wilful misconduct of an employee for the purposes of unemployment compensation, where persistent or chronic, without notice or excuse, and continued in the face of warnings by the employer. Kelleher v Unemployment Compensation Board of Review 175 …   Ballentine's law dictionary

  • willful — Proceeding from a conscious motion of the will; voluntary; knowingly; deliberate. Intending the result which actually comes to pass; designed; intentional; purposeful; not accidental or involuntary. Premeditated; malicious; done with evil intent …   Black's law dictionary

  • Omission (criminal) — In the criminal law, an omission, or failure to act, will constitute an actus reus (Latin for guilty act ) and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty.DiscussionIn the criminal… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”