malfeasance

Malfeasance is the commission of an act that the person had no right to do at all. It is one of three related terms used for wrongful conduct, mostly of public officers and agents:

Malfeasance: doing an unlawful act (an officer taking a bribe). Misfeasance: doing a lawful act in an improper or negligent manner (a surgeon performing an authorised operation carelessly). Nonfeasance: failing to do an act one is bound to do (a municipality not repairing a road). The tort of misfeasance in public office, which requires malice or knowing excess of power, is distinct from ordinary negligence.

Example

Issuing a licence in return for a bribe is malfeasance, while issuing it carelessly without checking the documents is misfeasance.

See also

tort · negligence · constitutional tort

Read more in the study notes

• Promoters: position, duties and liabilities (Company Law)
• Incorporation and the certificate of incorporation (Company Law)
• Majority rule, minority protection and prevention of oppression and mismanagement (Company Law)
• Winding up: concept, modes, grounds and the powers of the Tribunal (Company Law)
• The liquidator, preferential payments and insolvency under the IBC (Company Law)
• Torts against property (Law of Torts)