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==Etymology==
mal- + obsolete feasance doing, execution
*Date: [http://www.wikipedia.org/wiki/17th_Century 1696]
==Definitions==
*Wrongdoing or misconduct especially by a public official
==Description==
The [[expressions]] '''misfeasance''' and nonfeasance, and occasionally malfeasance, are used in [[English]] [[law]] with [[reference]] to the discharge of public obligations existing by common law, custom or statute.
Misfeasance is determined in [[relation]] to privity of contract. When a contract creates a [[duty]] that does not exist at common law, the parties can do one of three things: (1) perform the duty fully; (2) perform the duty inadequately or poorly; or (3) fail to perform the duty at all. When a party fails to perform at all, it is nonfeasance. When a party performs the duty inadequately or poorly, it is misfeasance. Malfeasance is used to denote outright [[sabotage]] which causes [[intentional]] damage.
Example: A company hires a catering company to provide drinks and food for a retirement party. If the catering company doesn't show up, it's considered nonfeasance. If the catering company shows up but only provides drinks (and not the food, which was also paid for), it's considered misfeasance. If the catering company accepts a bribe from its client's competitor to undercook meat and give those present food [[poison]]ing, it's considered malfeasance.
The rule of [[law]] laid down is that an [[action]] in contract (ex contractu) will lie for any of the three. However, an [[action]] in tort (ex delicto), will lie only misfeasance or malfeasance. The [[doctrine]] was formerly applied to certain callings carried on [[public]]ly (see R. v. Kilderby, 1669, 1 Will. Saund. 311, 312 c).
At present the terms misfeasance and nonfeasance are most often used with [[reference]] to the conduct of municipal [[authorities]] with reference to the discharge of their statutory obligations; and it is an established rule that an action lies in favour of [[persons]] injured by misfeasance, i.e. by negligence in discharge of the [[duty]]; but that in the case of nonfeasance the remedy is not by action but by indictment or mandamus or by the particular procedure prescribed by the statutes.
This rule is fully established in the case of [[failure]] to repair public highways; but in other cases the courts are astute to find [[evidence]] of carelessness in the discharge of public duties and on that basis to award damages to individuals who have suffered thereby.
Misfeasance is also used with reference to the conduct of directors and officers of joint-stock companies. The word malfeasance is sometimes used as equivalent to malpractice by a medical practitioner.
[[Category: Law]]
==Etymology==
mal- + obsolete feasance doing, execution
*Date: [http://www.wikipedia.org/wiki/17th_Century 1696]
==Definitions==
*Wrongdoing or misconduct especially by a public official
==Description==
The [[expressions]] '''misfeasance''' and nonfeasance, and occasionally malfeasance, are used in [[English]] [[law]] with [[reference]] to the discharge of public obligations existing by common law, custom or statute.
Misfeasance is determined in [[relation]] to privity of contract. When a contract creates a [[duty]] that does not exist at common law, the parties can do one of three things: (1) perform the duty fully; (2) perform the duty inadequately or poorly; or (3) fail to perform the duty at all. When a party fails to perform at all, it is nonfeasance. When a party performs the duty inadequately or poorly, it is misfeasance. Malfeasance is used to denote outright [[sabotage]] which causes [[intentional]] damage.
Example: A company hires a catering company to provide drinks and food for a retirement party. If the catering company doesn't show up, it's considered nonfeasance. If the catering company shows up but only provides drinks (and not the food, which was also paid for), it's considered misfeasance. If the catering company accepts a bribe from its client's competitor to undercook meat and give those present food [[poison]]ing, it's considered malfeasance.
The rule of [[law]] laid down is that an [[action]] in contract (ex contractu) will lie for any of the three. However, an [[action]] in tort (ex delicto), will lie only misfeasance or malfeasance. The [[doctrine]] was formerly applied to certain callings carried on [[public]]ly (see R. v. Kilderby, 1669, 1 Will. Saund. 311, 312 c).
At present the terms misfeasance and nonfeasance are most often used with [[reference]] to the conduct of municipal [[authorities]] with reference to the discharge of their statutory obligations; and it is an established rule that an action lies in favour of [[persons]] injured by misfeasance, i.e. by negligence in discharge of the [[duty]]; but that in the case of nonfeasance the remedy is not by action but by indictment or mandamus or by the particular procedure prescribed by the statutes.
This rule is fully established in the case of [[failure]] to repair public highways; but in other cases the courts are astute to find [[evidence]] of carelessness in the discharge of public duties and on that basis to award damages to individuals who have suffered thereby.
Misfeasance is also used with reference to the conduct of directors and officers of joint-stock companies. The word malfeasance is sometimes used as equivalent to malpractice by a medical practitioner.
[[Category: Law]]
