What is the key difference between misfeasance and malfeasance?

Malfeasance is doing something that is clearly illegal or forbidden. Misfeasance is doing something that is lawful, but doing it in a wrongful, negligent, or improper manner.

Can misfeasance apply outside of government or law?

Yes, it is commonly applied in corporate law to directors and officers, and in trust law to trustees. Any fiduciary (someone with a duty of care) can commit misfeasance.

Is misfeasance a crime?

Typically, it is a tort (a civil wrong) for which the injured party can seek damages. However, 'misfeasance in public office' can sometimes have criminal aspects depending on the jurisdiction.

Is 'nonfeasance' related?

Yes. The trio is: Nonfeasance (not acting when there is a duty to act), Misfeasance (acting wrongly when performing a lawful duty), and Malfeasance (acting unlawfully).

Is “misfeasance” formal?

Misfeasance is usually formal, legal, technical in register.

How do you pronounce “misfeasance”?

Misfeasance: in British English it is pronounced /mɪsˈfiːz(ə)ns/, and in American English it is pronounced /mɪsˈfiːzəns/. Tap the audio buttons above to hear it.

misfeasance: meaning, definition, pronunciation and examples

UK/mɪsˈfiːz(ə)ns/US/mɪsˈfiːzəns/

Formal, Legal, Technical

My Flashcards

Quick answer

What does “misfeasance” mean?

The performance of a legal or official act in an improper or unlawful manner.

Audio

Pronunciation

Definition

Meaning and Definition

The performance of a legal or official act in an improper or unlawful manner.

In broader usage, it can refer to any wrongful execution of an authorized act, especially by someone in a position of authority, where the act itself is lawful but is performed incorrectly or negligently. It sits between 'nonfeasance' (failure to act) and 'malfeasance' (a clearly illegal act).

Dialectal Variation

British vs American Usage

Differences

Term is used identically in both legal systems; the concept is a cornerstone of common law. No significant differences in definition or application.

Connotations

Strongly negative professional/legal connotation. Suggests incompetence, negligence, or abuse within a framework of granted authority.

Frequency

Extremely low frequency in general language. Used almost exclusively in legal, corporate governance, and political discourse. Slightly more common in US legal texts due to the volume of tort litigation.

Grammar

How to Use “misfeasance” in a Sentence

The [official/trustee/director] committed misfeasance by [verb+ing] the [duty/act].The suit alleged misfeasance in the [performance/execution] of [an official duty].A claim for misfeasance was brought against the [authority/council].

Vocabulary

Collocations

strong

gross misfeasancemisfeasance in public officemisfeasance of a fiduciary dutyactionable misfeasancealleged misfeasance

medium

civil misfeasancecorporate misfeasanceclaim for misfeasanceliable for misfeasanceevidence of misfeasance

weak

accused of misfeasancecharge of misfeasancecase of misfeasanceinvestigate misfeasanceproof of misfeasance

Examples

Examples of “misfeasance” in a Sentence

verb

British English

The council officer was found to have misfeased his statutory powers.

American English

The trustee misfeased by negligently managing the trust assets.

adjective

British English

The misfeasant act of the director led to a shareholder derivative suit.

American English

The officer's misfeasant conduct was detailed in the inspector general's report.

Usage

Meaning in Context

Business

Referring to directors or officers performing their lawful duties in a negligent or improper way, causing loss to the company.

Academic

Analysed in law journals concerning tort liability, administrative law, and corporate governance.

Everyday

Virtually never used in everyday conversation. Might appear in high-level news reports on political or corporate scandal.

Technical

A precise legal cause of action, distinct from malfeasance and nonfeasance. Central to fiduciary law and public law.

Vocabulary

Synonyms of “misfeasance”

Strong

maladministrationdereliction of dutyprofessional negligence (in a duty)

Neutral

wrongful executionimproper performancebreach of duty (in execution)

Weak

misconduct malpracticeabuse of office

Vocabulary

Antonyms of “misfeasance”

due diligenceproper executionfaithful performancecompetent discharge (of duty)

Watch out

Common Mistakes When Using “misfeasance”

Confusing it with 'malfeasance' (a clearly illegal act).
Using it in non-legal contexts where 'misconduct' or 'negligence' would be clearer.
Misspelling as 'misfeasence'.

FAQ

Frequently Asked Questions

: Malfeasance is doing something that is clearly illegal or forbidden. Misfeasance is doing something that is lawful, but doing it in a wrongful, negligent, or improper manner.
: Yes, it is commonly applied in corporate law to directors and officers, and in trust law to trustees. Any fiduciary (someone with a duty of care) can commit misfeasance.
: Typically, it is a tort (a civil wrong) for which the injured party can seek damages. However, 'misfeasance in public office' can sometimes have criminal aspects depending on the jurisdiction.
: Yes. The trio is: Nonfeasance (not acting when there is a duty to act), Misfeasance (acting wrongly when performing a lawful duty), and Malfeasance (acting unlawfully).
: The performance of a legal or official act in an improper or unlawful manner.
: Misfeasance is usually formal, legal, technical in register.
: Misfeasance: in British English it is pronounced /mɪsˈfiːz(ə)ns/, and in American English it is pronounced /mɪsˈfiːzəns/. Tap the audio buttons above to hear it.

Phrases

Idioms & Phrases

“Misfeasance in office is a tort.”

Learning

Memory Aids

Mnemonic

Think: MIS-taken FEAS-ibility. You have the FEASibility/authority to do an act, but you do it MIS-takenly/wrongly.

Conceptual Metaphor

AUTHORITY IS A TOOL; misfeasance is using the correct tool (lawful power) but using it clumsily or for the wrong task, causing damage.

Practice

Quiz

Fill in the gap

The auditor was sued not for fraud, but for , as he performed the audit legally but with such negligence that it was worthless.

Multiple Choice

In legal terms, misfeasance most specifically refers to: