malfeasance


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Related to malfeasance: misfeasance

Malfeasance

The commission of an act that is unequivocally illegal or completely wrongful.

Malfeasance is a comprehensive term used in both civil and Criminal Law to describe any act that is wrongful. It is not a distinct crime or tort, but may be used generally to describe any act that is criminal or that is wrongful and gives rise to, or somehow contributes to, the injury of another person.

Malfeasance is an affirmative act that is illegal or wrongful. In tort law it is distinct from misfeasance, which is an act that is not illegal but is improperly performed. It is also distinct from Nonfeasance, which is a failure to act that results in injury.

The distinctions between malfeasance, misfeasance, and nonfeasance have little effect on tort law. Whether a claim of injury is for one or the other, the plaintiff must prove that the defendant owed a duty of care, that the duty was breached in some way, and that the breach caused injury to the plaintiff. One exception is that under the law of Strict Liability, the plaintiff need not show the absence of due care. The law of strict liability usually is applied to Product Liability cases, where a manufacturer can be held liable for harm done by a product that was harmful when it was placed on the market. In such cases the plaintiff need not show any actual malfeasance on the part of the manufacturer. A mistake is enough to create liability because the law implies that for the sake of public safety, a manufacturer warrants a product's safety when it offers the product for sale.

malfeasance

n. intentionally doing something either legally or morally wrong which one had no right to do. It always involves dishonesty, illegality, or knowingly exceeding authority for improper reasons. Malfeasance is distinguished from "misfeasance," which is committing a wrong or error by mistake, negligence or inadvertence, but not by intentional wrongdoing. Example: a city manager putting his indigent cousin on the city payroll at a wage the manager knows is above that allowed and/or letting him file false time cards is malfeasance; putting his able cousin on the payroll which, unknown to him, is a violation of an anti-nepotism statute is misfeasance. This distinction can apply to corporate officers, public officials, trustees, and others cloaked with responsibility. (See: misfeasance)

malfeasance

noun bad conduct, corruption, deviation from rectitude, ill conduct, illegal action, infringement, injurious action, misbehavior, misdeed, misdoing, misgovernment, mismanagement, overstepping, peccadillo, peccancy, transgression, unjust performmnce, unlawful action, wrongful action, wrongful conduct
Associated concepts: malfeasance in office, malfeasance of a public officer, misconduct, misfeasance, nonfeasance
See also: abuse, blame, conversion, crime, culpability, delict, delinquency, disloyalty, disservice, guilt, knavery, maladministration, misappropriation, misconduct, misdeed, misdemeanor, misprision, misrule, offense, tort, wrong

malfeasance

the doing of a wrongful or illegal act, especially by a public official.

MALFEASANCE, contracts, torts. The unjust performance of some act which the party had no right, or which he had contracted not to do. It differs from misfeasance, (q.v.) and nonfeasance. (q.v.) Vide 1 Chit. Pr. 9; 1 Chit. Pl. 134.

References in periodicals archive ?
"The sustained positive effect of racial resentment on perceptions of electoral malfeasance call into question the extent to which race no longer permeates non-racial facets of the American political system."
State has a set of internal controls to prevent visa malfeasance and has taken actions to improve them; however, these internal controls are not being fully and consistently implemented by the posts we visited.
The state Constitution allows for impeachment of state officers and judges for "crimes, misdemeanors and malfeasance." The Legislature had been called into special session in early October by the governor to deal with energy prices.
I am not referring to brokers or agents that a risk-management professional may inherit, but then the professional moves the business to a broker who possesses more expertise or better markets, or to brokers who are let go due to malfeasance, illegal operations or poor service.
In the event of an auditing malfeasance trial, a juror--unaware of this larger context--must arrive at a verdict based on what he or she learns about accounting standards in a relatively brief time.
Articles appearing in the industry's publications during this last year uncovered corporate and government malfeasance; explained complicated regulations, oil-price fluctuations, and health matters; analyzed market trends; and unearthed massive fraud.
May I remind you of the MFP inquiry in Toronto, where an investigation has revealed stunning revelations of malfeasance and stupidity, including the spectre of computer salesmen showing up in parking lots with brown paper bags of money disdained for a once-powerful councillor?
The complaint details malfeasance, including arbitrary and illegal personnel practices, cronyism, and employee "gag orders," and it calls for an independent investigation of Bloch's office.
The Pattersons remain in a legal fight with One Bank, which they accuse of aiding Overton's alleged financial malfeasance.
Today, greater accountability is demanded of public and private company employees and managers because of corporate malfeasance. As organizations convert to electronic commerce and business processes, the records detailing agreements within and between/among organizations and documenting who did what, when, and why, are created in electronic systems.
The real threat is from growing budget deficits and corporate malfeasance. In fact, U.S.
Supporters say Amato is trying to lift academic achievement and restore order to the district, which has been plagued by low test scores and FBI investigations of financial malfeasance. Amato has been working with investigators, making administrative staff changes and procedural changes to clean up the district.