Misfeasance

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. See, generally, 2 Viner, Abr. 35; 2 Kent, Comm. 443; Doct. 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 mandatary 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. 5 Term R. 143; 4 Johns. (N. Y.) 81; 2 Johns. Cas. (N. Y.) 92; 1 Esp. 74; 2 Ld. Raym. 909; Story, Bailm. § 165; Bouv. Inst. Index.

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.

A misdeed or trespass; the improper doing of wiiat if done properly would be lawful.

A misdeed or trespass. The doing what a party ought to do improperly, 1 Tidd, Pr. 4. The improper performance of some act which a man may lawfully do. 3 Steph. Comm. 460. Misfeasanece, strictly, is not doing a lawful act in a proper manner, omitting to do it as it should be done; while malfeasance is the doing an act wholly wrongful; and aon-feasance is an omission to perform a duty, or a total neglect of duty. But “mmisfeasauce” is often carelessly used in the sense of “malfeasance.” 83 Conn. 109.

See Feasance.

A misdeed, trespass; the improper performance of an act otherwise lawful, v. Nonfeasance.

The performance of a lawful act in an improper manner; a wrong done incidentally to the exercise of a right, or the performance of a duty. The word is sometimes used in the general sense of any active wrong. Misfeasance is the improper performance of some act which might lawfully be done. Wright V. Spencer, 1 Stew. 576. Misfeasance, strictly; is not doing a lawful act in a proper manner, omitting to do it as it should be done; while malfeasance is the doing an act wholly wrongful; and nonfear sance is an omission to perform a duty, or a total neglect of duty. But " misfeasance " is often carelessly used in the sense of "malfeasance." Goite v. Lynes, 33 Conn. 109.