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Simple English definitions for legal terms
governmental act
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A quick definition of governmental act:
A governmental act is when a government agency does something that is required or allowed by law and is meant to benefit the public. Usually, the government cannot be sued for any harm caused by these actions. However, if the government is doing something that is more like a business, they can be sued. Sometimes it is hard to tell if something is a governmental act or a business act.
A more thorough explanation:
A governmental act is a conduct carried out by a government agency that is mandated or authorized by the constitution, statute, or other law for the benefit of the general public. This can include activities such as police or firefighter services, operation of a sanitary sewer, or other services provided by the government.
Generally, a governmental entity is immune from tort liability for governmental acts. This means that if someone is harmed as a result of a governmental act, they may not be able to sue the government for damages.
For example, if a person is injured while being rescued by a firefighter, they may not be able to sue the government for any harm caused during the rescue because the firefighter was carrying out a governmental act.
However, if the government operates a local electric or water company for which fees are charged, this may be considered a proprietary function and the government may not be immune from tort liability for any harm caused by the operation of the company.
Overall, the distinction between governmental and proprietary functions can be difficult to determine and may depend on the specific circumstances of each case.