Misfeasance in United States
Misfeasance Definition
The performance of an act which might lawfully be done, in an improper manner, by which another person receives an injury. It differs from malfeasance or nonfeasance. See, generally, 2 Viner, Abr. 35 ; 2 Kent, Comm. 443; Doct. Plac. 62; Story, Bailm. § 9, It seems to be settled that there is a distinction between misfeasance and nonfeasance in the case of mandates. In cases of nonfeasance, the mandatary is not generally liable, because, his undertaking being gratuitous, there is no consideration to support it, but in cases of misfeasance the common law gives a remedy for the injury done, and to the extent of that injury. 5 Term R. 143; 4 Johns. (N. Y.) 81; 2 Johns. Cas. (N. Y.) 92; 1 Esp. 74; 2 Ld. Raym. 909; Story, Bailm. § 165; Bouv. Inst. Index.
Misfeasance in Foreign Legal Encyclopedias
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Misfeasance | Misfeasance in the World Legal Encyclopedia. |
Misfeasance | Misfeasance in the European Legal Encyclopedia. |
Misfeasance | Misfeasance in the Asian Legal Encyclopedia. |
Misfeasance | Misfeasance in the UK Legal Encyclopedia. |
Misfeasance | Misfeasance in the Australian Legal Encyclopedia. |
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Misfeasance | Misfeasance in the Family Law Portal of the American Encyclopedia of Law. |
Misfeasance | Misfeasance in the IP Portal of the American Encyclopedia of Law. |
Misfeasance | Misfeasance in the Commercial Law Portal of the American Encyclopedia of Law. |
Misfeasance | Misfeasance in the Criminal Law Portal of the American Encyclopedia of Law. |
Misfeasance | Misfeasance in the Antritrust Portal of the American Encyclopedia of Law. |
Misfeasance | Misfeasance in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
Misfeasance | Misfeasance in the Constitutional Law Portal of the American Encyclopedia of Law. |
Misfeasance | Misfeasance in the Tax Law Portal of the American Encyclopedia of Law. |
Misfeasance | Misfeasance in the and Finance and Banking Portal of the American Encyclopedia of Law. |
Misfeasance | Misfeasance in the Employment and Labor Portal of the American Encyclopedia of Law. |
Misfeasance | Misfeasance in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
Misfeasance | Misfeasance in the Environmental Law Portal of the American Encyclopedia of Law. |
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Misfeasance in the Dictionaries | Misfeasance in our legal dictionaries |
http://lawi.us/misfeasance | The URI of Misfeasance (more about URIs) |
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Legal Issue for Attorneys
The performance of an act which might lawfully be done, in an improper manner, by which another person receives an injury. It differs from malfeasance or nonfeasance. See, generally, 2 Viner, Abr. 35 ; 2 Kent, Comm. 443; Doct. Plac. 62; Story, Bailm. § 9, It seems to be settled that there is a distinction between misfeasance and nonfeasance in the case of mandates. In cases of nonfeasance, the mandatary is not generally liable, because, his undertaking being gratuitous, there is no consideration to support it, but in cases of misfeasance the common law gives a remedy for the injury done, and to the extent of that injury. 5 Term R. 143; 4 Johns. (N. Y.) 81; 2 Johns. Cas. (N. Y.) 92; 1 Esp. 74; 2 Ld. Raym. 909; Story, Bailm. § 165; Bouv. Inst. Index.
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Notice
This definition of Misfeasance Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Misfeasance & Nonfeasance (Directors, Officers)
This section introduces, discusses and describes the basics of misfeasance & nonfeasance. Then, cross references and a brief overview about Directors, Officers is provided. Finally, the subject of Banking Law in relation with misfeasance & nonfeasance is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Resources
See Also
Malfeasance.
Further Reading (Articles)
Government lawyers and misfeasance in public office., Mondaq Business Briefing; July 20, 2009; Eteuati, Tigiilagi
The Parameters of the Tort of Misfeasance in Public Office: Trillium Power Wind Corporation V Ontario, Mondaq Business Briefing; January 30, 2014; Carew, Natasha
Be alert but not alarmed: misfeasance in public office., Mondaq Business Briefing; December 24, 2008
Misfeasance in Public Office: A Very Peculiar Tort, Melbourne University Law Review; April 1, 2011; Aronson, Mark
Misfeasance in public office, Summit; November 1, 2004; Worthington, Robert C;
The Second Opinion: Appeal Court Clarifies the Contours of the Tort of Misfeasance in Public Office, Mondaq Business Briefing; November 15, 2013; Afarian, Hovsep
De-Facto Directors: Case 1: Re Snelling House: Directors’ Misfeasance, Mondaq Business Briefing; June 14, 2012;
Corridors of power.(misfeasance)(Editorial), Accountancy Age; July 21, 2005; Ashworth, Jon
Jon Ashworth – The corridors of power.(misfeasance in public office cases)(Brief Article), Accountancy Age; July 21, 2005; Ashworth, Jon
Democratic misfeasance.(LETTERS), The Washington Times (Washington, DC); July 28, 2007
Spy cases point to misfeasance, Chicago Sun-Times; April 5, 1987; Carl T. Rowan
General Prosecutor’s Office Charges MP Keldibekov with Corruption, Misfeasance in Public Office, AKIpress News Agency; December 12, 2013
Garda Asked PAC for Private Meeting ; Sgt McCabe Wants to Outline Evidence on Alleged Penalty Point Misfeasance, The Irish Times; January 29, 2014; McGee, Harry
misfeasance, Webster’s NewWorld Dictionary; January 1, 1988
Carr’s misfeasance in fact…, The Boston Globe (Boston, MA); December 8, 1996
Off-Shore Wind Law Suit against Ontario Will Proceed, Mondaq Business Briefing; November 28, 2013; James, Meredith
Ashley family to ‘put police on trial’., Hastings & St. Leonards Observer (St. Leonards-on-Sea, England); July 27, 2006
Court of Appeal Allows Offshore Wind Claim to Proceed on Narrow Grounds, Mondaq Business Briefing; November 18, 2013
Limiting Scope of Police Liability: Patrong V. Banks et Al, Mondaq Business Briefing; December 24, 2013; Shani, Katherine
Recall of elected officials not easy, The Columbian (Vancouver, WA); July 29, 2003; ERIK ROBINSON, Columbian staff writer