misfeasance


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misfeasance

An action that was legal and proper, but which was performed in an improper manner. A real estate agent who innocently deposits an earnest money check in the real estate company's business account instead of the escrow account, but who does not spend the money or use it in any manner, is probably guilty of a misfeasance. If the agent spent the money, that would be malfeasance, or doing something improper and illegal. If the agent put the check in a desk drawer and did not deposit it in any account, that would be nonfeasance, or the failure to take an action when the law required that some act be done.

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Roncarelli appears in most histories of the evolution of a specifically public law tort of misfeasance in public office, although no such label appeared in the case itself.
However, to the author's knowledge, the claim by Abdelrazik will be the most high-profile instance of misfeasance in a public office being claimed for the exercise of a prerogative power (i.
Breach of fiduciary duty: Recognized at common law, including misfeasance, nonfeasance, abdication of duty, abuse of trust and/or the approval of unlawful transactions.
How often are the "lost" or "missing" records at the very heart of the alleged misfeasance or nonfeasance?
While corporate greed, malfeasance, misfeasance and nonfeasance dominate today's headlines, as well as rob shareholders and employees and erode confidence in the stock market, let's be reassured in knowing that the vast majority of American businesspersons run their companies with probity and civility--and still turn a profit.
Taking shots at the government for some malfeasance or misfeasance is, in editor's parlance, "shooting fish in a barrel.
When the legislature amended [the professional negligence limitations statute in 1996] to apply a three-year limitations period to all nonmedical malpractice actions, whether based on tort or contract, it ended one quandary but exposed another: Who are the `professionals' whose misfeasance toward clients is subject to the shortened limitations period?
Of course, banking supervisors have broad powers that allow us to remove an audit firm if there is evidence of nonfeasance, misfeasance, or malfeasance.
In addition to disputing the allegations of misfeasance, Salomon raised the pure legal defense that ERISA provides only for suit against the fiduciary (i.
The bailouts, approaching $8 trillion, are rewarding misfeasance, malfeasance, and poor judgment.
His widow Mary is now taking legal action against the Ministry of Defence and General Frank Kitson, claiming her husband died because of negligence and misfeasance in office.
Besides, Keldibekov is charged under 304th Article of the Criminal Code - misfeasance in public office.