injurious conduct

See: mischief
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Although defendant's expert submitted a contrary affidavit, the question of defendant's bad faith in settling the insurance claim remains open, as does the issue of whether plaintiffs can, upon completion of discovery, prove damages resulting from defendant's alleged injurious conduct.
14) Jacobs and Potter observe that generic criminal laws punish injurious conduct, "so recriminalization or sentence enhancement for the same injurious conduct when it is motivated by prejudice amounts to extra punishment for values, beliefs, and opinions that the government deems abhorrent.
39) This, however, involves "intervening-choice" liability: the conduct (in this case, drug possession) is proscribed because of its tendency to induce another actor, or the same actor at a later time, to choose to engage in injurious conduct.
Any conduct deemed violent in extremis will result in a red card, but like soccer, particularly injurious conduct of a lesser nature results in not only a yellow card but also a 10-minute expulsion from the pitch which facilitates tempers to cool off.
While there are limited circumstances in which intentionally injurious conduct can fall within the scope of employment--such as when a store security guard or a bar bouncer uses force to subdue a customer (4)--the general rule is that assaults and other intentional torts are not within the scope of employment and cannot be the basis for respondeat superior liability.