inside civil and common law. An action of tort; an action arising out of fault, misconduct, or malfeasance. Inst 4, 6, 15; 3 Bl. Comm. 117. Ex maleficio may be the more common expression associated with the civil law; that is used by Bracton. Inst. 4, 6, 1; Bract, fols. 102, 103.