Misfeasance – the performance of a duty or act which one ought or has a right to do, but in a way that infringes on the rights of others

     This page is continued from Civil Law Self-Help Walkthrough >>>> Section 1 >>>> Torts >>>> Legal Terms pertaining to Torts >>>> Feasance:


n. (16c)

1. A lawful act performed in a wrongful manner.

2. More broadly, a transgression or trespass.misfeasant, adj. misfeasor, n. [1]

1. The improper doing of an act which a person might lawfully do.  Greenberg v Whitecomb Lumber Co. 90 Wis 225, 63 NW 93.

The unlawful and injurious exercise of lawful authority, or the doing of a lawful act in an unlawful manner.  Allas v Rumson, 115 NJL 593, 181 A 175, 102 ALR 988.

The performance of a duty or act which one ought or has a right to do, but in a manner such as to infringe upon the rights of others.  Anno: 20 ALR 104. [2]

1. The improper performance of a lawful act. [3]

misfeasance in public office:

1. The tort of excessive, malicious, or negligent exercise of statutory powers by a public officer. — aka malfeasance. [1]

1. The performance by a public officer in his official capacity of a legal act in an improper or illegal manner.  State ex rel. Hardie v Coleman, 115 Fla 119, 155 So 129, 92 ALR 988.

A common-law offense, generally termed “official misconduct,” and composed of the commission of a series of unlawful acts.  State v Bolitho, 103 NJL 246, 261, 136 A 164, 172. [2]

1. The performance by a public official, in an official capacity, of a legal act in an illegal or improper manner. [3]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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