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Misfeasance Meaning: Definition, Examples, and Translations

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misfeasance

[mɪsˈfiːzəns ]

Definition

Context #1 | Noun

legal term

Misfeasance refers to the improper performance of a lawful act, in a way that causes harm or injury to another person. It is a legal concept often discussed in relation to negligence and liability, where an individual or entity executes a legal duty incorrectly, resulting in damage.

Synonyms

misconduct, negligence, wrongdoing.

Examples of usage

  • The contractor's misfeasance led to significant property damage.
  • In the lawsuit, the plaintiff claimed misfeasance by the public official.
  • The doctor was sued for misfeasance after mishandling a surgical procedure.

Translations

To see the translation, please select a language from the options available.

Interesting Facts

Legal Origins

  • This term comes from old French, where 'feasance' means 'to do' and 'mis' implies doing it wrong.
  • In law, it often refers to improper performance of a lawful act, like when someone causes harm while trying to do their job correctly.

Examples in Governance

  • When a public official fails to perform their duties correctly—and this failure leads to harm—it's often termed misfeasance.
  • A city worker damaging property while attempting repairs could be considered misfeasance, depending on the circumstances.

Contrast with Other Legal Terms

  • Misfeasance differs from nonfeasance, where someone fails to act entirely, like a lifeguard ignoring a swimmer in trouble.
  • It also contrasts with malfeasance, which involves doing something illegal or wrong, rather than just a mistake in execution.

Practical Implications

  • In workplaces, employees can be held liable for misfeasance, which may lead to penalties or lawsuits.
  • Proper training and adherence to protocols can prevent misfeasance in professional settings.

Origin of 'misfeasance'

The term 'misfeasance' originates from Middle English, derived from the Anglo-French word 'mesfeasance', which combines 'mes-' (badly or wrongly) with 'feasance' (from Latin 'facere', meaning 'to do'). In its early use, misfeasance indicated wrongful or improper action in the performance of an act that is otherwise lawful. Over time, this legal concept has evolved to encompass situations where a person in a position of responsibility fails to act appropriately within the bounds of their authority, leading to harm. Misfeasance is often discussed in legal contexts, particularly in cases involving tort law, professional liability, and the duties of public officials and employees.

Word Frequency Rank

At rank #29,771, this word represents specialized academic or technical vocabulary. It's less frequently encountered but may be valuable in specific contexts.