Misfeasance
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
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. Misfeasance is the wrongful and injurious exercise of lawful authority, or the doing of a lawful act in an unlawful manner, while malfeasance is doing an act which is positively unlawful or wrongful.
23 L. Mag. & Rev. 139. See, generally, 2 Viner, Abr. 36; 2 Kent 443; Doctrina 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 mandatory 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; 6 Term 143; Thompson v. Gregory, 4 Johns. (N. Y.) 81, 4 Am. Dec. 255; 2 Ld. Raym. 909; Colte v. Lynes, 33 Conn. 109; Story, Bailm. § 165.