Misfeasance refers to the wrongful or improper performance of a lawful act, typically by a public official or someone in a position of authority. Unlike malfeasance, which involves the intentional commission of an unlawful act, misfeasance involves the improper execution of a legal duty or the negligent performance of an official function. Misfeasance can take various forms, such as errors, omissions, or acts of negligence that result in harm, loss, or injury to others. In legal contexts, misfeasance may give rise to liability for damages or other legal consequences, particularly when the individual or entity responsible for the misfeasance breaches a duty of care owed to others. Holding parties accountable for misfeasance helps promote accountability, transparency, and integrity in public service and other areas where individuals are entrusted with responsibilities that affect the rights and interests of others.
A transgression, especially the wrongful exercise of lawful authority.
A wrong that arises from an action. The wrong can be actual or alleged. This word is often used in law, relating to the wrongful use of legal authority. n. management of a business, public office or other responsibility in which there are errors and an unfortunate result through mistake or carelessness, but without evil intent and/or violation of law. Misfeasance is distinguished from “malfeasance,” which is intentional conduct in violation of the law.
Performing a legal action in an improper way. This term is frequently used when a professional or public official does his job in a way that is not technically illegal, but is nevertheless mistaken or wrong. Here are some examples of misfeasance in a professional context: a lawyer who is mistaken about a deadline and files an important legal document too late, an accountant who makes unintentional errors on a client’s tax return or a doctor who writes a prescription and accidentally includes the wrong dosage. Compare malfeasance.
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This glossary post was last updated: 29th March 2024.
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