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.