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                                Roman & civil law 
                                  
              
          
                                                      : actionable negligence or fault                                      
                
                                
            specifically                
          
                                                      : the failure to use the care and diligence demanded by the special relationship between the plaintiff and defendant under the particular circumstances that arises from inattention, careless conduct, or want of care                                       
                
                  —distinguished from dolus              
    
                          
            
   
                   
                      
                    2
                    
      
              
        
    
                                Roman & civil law 
                                  
              
          
                                                      : all actionable fault or misconduct including both negligence and willful or wanton wrongs arising from malice, fraud, or a desire for wrongful gain                                      
                
                    
            
   
                   
                      
             
                    
                        
        
        
        
                
                
                
        
                
     
    
                                                    
                                                                                                                    
            
                                    
                        
                                                    
                                
                       
                                        
                
                                                
                            
            
                                    
                                    
                        
                                            
                                                            
                                    
                                                                
                                
                
                
                
                
                
                
                
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
                                        
                                                    
                            
                                                               
                                                
  
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  Merriam-Webster unabridged
 
                          
                    
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