Misfeasance

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.
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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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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

  • Legal Topics.
  • 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


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