Misfeasance, Malfeasance and Nonfeasance

Misfeasance, malfeasance, and nonfeasance are three terms used in the context of misconduct by public officials. They refer to different types of actions or inactions that can result in a breach of duty by a public official.

Misfeasance refers to a situation where a public official performs a legal duty, but does so in a wrongful or negligent manner. This means that the official acted improperly, or failed to take the proper care, when performing their duties. Misfeasance can occur when an official uses their position to benefit themselves or someone else, rather than acting in the public interest.

Malfeasance refers to an intentional or deliberate act by a public official that is illegal, wrongful or unjust. This can include actions such as bribery, extortion, or embezzlement. Malfeasance is an intentional wrongdoing by the public official, and is often seen as more serious than misfeasance.

Nonfeasance refers to a failure to act or perform a duty that is required by law. This can occur when a public official fails to take action to prevent harm, or fails to provide a service that they are required to provide. Nonfeasance can occur when an official fails to act despite being aware of a problem or when they fail to carry out their responsibilities in a timely manner.

Misfeasance, malfeasance, and nonfeasance are critical concepts in understanding legal liability and ethical conduct, especially for those in positions of authority or professional responsibility.  All three types of conduct can be seen as a breach of duty by a public official, and may result in disciplinary action, civil liability, or even criminal charges.