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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He said: "All the claims of misfeasance in public office fail and they are dismissed."
Some Key Concepts Underlying Misfeasance in a Public Office and Fiduciary Duties A.
Misfeasance in public office is a very peculiar tort.
The stable (as opposed to arbitrary) administration of the licensing scheme might well be described as a right to enjoy such licences as they have been granted, although it is suggested that Justice Rand's tort and its successor (known as the tort of misfeasance in public office) are best approached not as mechanisms to protect legal rights or interests, but as mechanisms to discipline public officers for abuses of public power that they knew were inexcusable.
The tort of misfeasance in a public office (sometimes referred to as abuse of office, abuse of power, or public misfeasance) holds some historical interest, and it was critical in a series of election-rigging cases in the eighteenth and early nineteenth centuries.
This, in my view, could amount to "misfeasance in public office" - if it could be proved.
The tort claims notice by Urban Moore of Eugene Skydivers claims the city and its officials caused "severe and substantial" losses to him and his company through "nonfeasance, misfeasance, bad faith, denial of due process, interference with advantageous economic relations, defamation and breach of contract."
"A man aged 18 is claiming false imprisonment, malicious prosecution and misfeasance in public office."
Weinmann, not surprisingly, can stuff your e-mail inbox to overflowing with horror stories of managerial misfeasance. Still, in most health care organizations, fortunately, the atmosphere is far less charged, far less polarized, than in his worst-case scenarios.
Finally, as to pro-bono obligations, the Enron scandal and other well-publicized accounting misfeasance or malfeasance have damaged the accounting profession's reputation in the public's eyes, which behooves CPAs to do what they can to restore the public's trust and admiration for the profession.
Look over employee reports of company mal- or misfeasance for indications of fraud.
Responsibilities of investment fiduciaries have been brought to the forefront by recent misfeasance and malfeasance in the investment community.