In the civil and cominon law. An action of tort; an action arising out of fault, misconduct, or malfeasance. Inst 4, 6, 15; 3 Bl. Comm. 117. Ex malcflcio is the more common expression of the civil law; whlch is adopted by Bracton. Inst. 4, 6ยป 1; Bract, fols. 102, 103