Legal Definitions - conduct

In legal contexts, conduct refers to a person's behavior, encompassing both their actions and their inactions. It describes the manner in which an individual behaves, provided that behavior is voluntary and within their control. This means that purely involuntary acts, a natural death, or an outcome that was entirely unexpected and not reasonably foreseeable from a conscious action, are generally not considered "conduct" in a legal sense.

Here are some examples illustrating the concept of conduct:

• Example 1 (Active Conduct): A homeowner intentionally sets fire to their own house to collect insurance money. This deliberate act of arson is a clear example of active conduct, as it involves a conscious and voluntary action.

  Explanation: The homeowner's decision to ignite the fire and the physical act of doing so constitute their conduct. This behavior is voluntary and directly results from their will.

• Example 2 (Passive Conduct/Inaction): A certified nursing assistant (CNA) on duty fails to check on a bedridden patient for several hours, despite knowing the patient requires regular monitoring, leading to the patient developing severe bedsores. This failure to act is a form of passive conduct or omission.

  Explanation: The CNA's inaction—the failure to perform a required duty—is considered conduct because it was a voluntary omission where an action was expected and required. The harm resulted from their lack of behavior.

• Example 3 (Voluntary Behavior): During a heated argument, a person deliberately pushes another individual, causing them to fall and sustain an injury. This intentional physical contact is an example of voluntary conduct.

  Explanation: The act of pushing was a conscious choice and a physical manifestation of the person's will, making it their conduct. If the push were an involuntary reflex (e.g., a sudden seizure), it might not be considered legal conduct.

Beyond the general definition, specific types of conduct are recognized in law:

Disorderly Conduct

Disorderly conduct refers to behavior that tends to disturb the public peace, offend public morals, or undermine public safety. It often involves actions that are disruptive or offensive in a public setting.

• Example 1: A group of individuals gathers in a quiet residential street late at night, loudly playing music, shouting, and blocking traffic, causing residents to complain about the noise and disruption.

  Explanation: Their collective behavior of making excessive noise and obstructing public passage directly disturbs the peace and quiet of the neighborhood, fitting the definition of disorderly conduct.

• Example 2: An individual publicly exposes themselves in a park where families and children are present.

  Explanation: This act is considered disorderly conduct because it offends public morals and decency, creating an uncomfortable and potentially unsafe environment for others.

Unprofessional Conduct

Unprofessional conduct describes behavior by a professional that is immoral, unethical, or dishonorable, especially when judged by the established standards and codes of conduct for their specific profession.

• Example 1: A financial advisor advises a client to invest in a high-risk, unsuitable fund solely because the advisor receives a large commission from that particular fund, without disclosing this conflict of interest to the client.

  Explanation: This behavior violates the ethical duty of a financial advisor to act in the client's best interest and disclose conflicts, thus constituting unprofessional conduct.

• Example 2: A licensed therapist engages in a romantic relationship with a current patient.

  Explanation: Such a relationship is a severe breach of professional ethics and boundaries in the mental health field, exploiting the power imbalance and trust inherent in the therapeutic relationship, and is therefore considered unprofessional conduct.

Tortious Conduct

Tortious conduct refers to an act or omission that causes harm to another person and subjects the actor to liability under civil law (known as tort law). It involves a breach of a civil duty owed to others.

• Example 1: A driver, while distracted by their phone, runs a red light and collides with another vehicle, causing injuries to the other driver. The distracted driving is the tortious conduct.

  Explanation: The driver's negligent behavior (distracted driving and running a red light) breached their duty to drive safely, causing harm to another person. This makes them potentially liable for damages in a civil lawsuit.

• Example 2: A company knowingly releases a defective product into the market that causes severe allergic reactions in consumers, despite being aware of the potential risks.

  Explanation: The company's conduct of manufacturing and distributing a dangerous product, knowing its defects, is tortious. It breaches their duty to ensure product safety, making them liable for the harm caused to consumers.