Isabella Carter
Malfeasance, misfeasance, and nonfeasance are legal terms used to describe harmful actions that occur in the workplace, often by individuals with authority. Malfeasance involves intentional wrongdoing, abuse of power, or total neglect of duties. Misfeasance refers to when someone attempts to carry out their responsibilities but does so inadequately or improperly. Nonfeasance is the failure to act when there is a duty to do so, which results in harm or damages. In this context, which of the following does not constitute malfeasance?
| Characteristics | Values |
|---|---|
| Definition | Intentional wrongdoing in the workplace that causes harm |
| Type of Act | Affirmative act that is clearly illegal or wrongful |
| Nature of Act | Malicious, intentional, reckless, and harmful |
| Actor | Anyone in any workplace setting |
| Actor's Knowledge | The actor is aware of the proper protocol but intentionally violates it |
| Actor's Intent | Personal gain or motive |
| Actor's Conduct | Abuse of power |
| Duty | Violation of a pre-existing duty is not necessary |
| Harm | Physical or monetary harm |
| Legal Consequences | Criminal offense, civil liability, fines, loss of employment, jail time |
| Examples | Police officer ignoring an escalating crime scene to go home on time, government official committing fraud, executives committing illegal acts that harm shareholders, public official abusing their power for personal gain |
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What You'll Learn
Malfeasance is an intentional act
Malfeasance is a deliberate act that is legally and morally wrong. It constitutes a criminal offence and can result in harsher penalties due to its intentional nature. Examples of malfeasance include a public official committing fraud or accepting bribes, a police officer intentionally ignoring a crime scene, or a company deliberately hiding its financial situation, leading to an accounting scandal.
In contrast to misfeasance, which is generally an unintentional breach of contract, malfeasance is a willful and intentional act that causes harm. It involves knowingly committing a wrongful act, often for personal gain. For instance, a catering company accepting a bribe to undercook meat, causing food poisoning to guests, would be considered malfeasance.
In the corporate world, malfeasance can range from unethical to illegal actions and can include cases of physical harm, such as a Ponzi scheme. Corporate malfeasance describes major and minor crimes committed by officers or key employees of a company, which can have serious repercussions for an industry or a country's economy.
In summary, malfeasance involves intentional wrongdoing, abuse of power, or total neglect of duties. It is a serious offence in legal and ethical contexts and can have significant legal consequences, including monetary fines, loss of employment, and jail time.
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Misfeasance is unintentional
Misfeasance is generally an unintentional breach of contract or duty. It is a legal act performed in a way that causes harm. Misfeasance is not committed knowingly or intentionally, and often occurs when an individual attempts to take a shortcut in their duties.
In the context of tort law, misfeasance is a less serious wrongdoing than malfeasance or nonfeasance. Misfeasance occurs when an individual engages in an action or duty but fails to perform it correctly. This could be due to unknowing negligence, plain incompetence, or carelessness. For example, a doctor prescribing the wrong medication to a patient and causing harm would be guilty of misfeasance.
In contrast, malfeasance is an intentional act that causes harm and is either legally or morally wrong. For instance, a police officer who witnesses an altercation but intentionally ignores the situation, resulting in a robbery and murder, is committing malfeasance.
Nonfeasance, on the other hand, is the failure to act when action is required. This can be due to refusal or without knowing, as in the case of forgetting to feed a pet.
While misfeasance is generally unintentional, there are differing views on whether it is always accidental. Some sources consider misfeasance to be an accidental act, while others describe it as a willful incorrect action or advice. This suggests a degree of intention or knowledge that complicates the definition of misfeasance.
In summary, misfeasance is generally considered unintentional, but there may be nuances where an element of intention or knowledge is present. The key distinction from malfeasance is that misfeasance does not involve the willful intention to cause harm.
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Nonfeasance is a failure to act
Nonfeasance is the failure to act when there is a duty to do so. This differentiates it from malfeasance, which is the intentional undertaking of an illegal or wrongful act, and misfeasance, which is the incorrect or improper performance of an act. Nonfeasance is often associated with professional contexts, where the parameters of responsibility are clearer. For example, a doctor failing to provide medical care to a patient in need could constitute nonfeasance.
In order for intentional inaction to be considered nonfeasance, it must meet three criteria. Firstly, the individual who did not act must have been the one reasonably expected to act. Secondly, that individual must not have performed the expected action. Finally, their inaction must have caused harm. For instance, a daycare provider who fails to prevent a child under their supervision from climbing out onto a window ledge, resulting in the child falling, could be found liable for nonfeasance.
Financial nonfeasance involves a failure to act in a financial capacity, such as a broker failing to input a trade instructed by a customer. Medical nonfeasance occurs when an individual with medical certification, such as a doctor or nurse, fails to perform a necessary physical intervention like CPR or first aid. This could help someone avoid harm, injury, or even death. Nonfeasance in human resources could include an HR professional failing to take an official report of sexual harassment or assault and follow up with punitive action.
Nonfeasance may or may not be illegal, but it can have legal implications. Employers have the right to terminate an employee or contractor for nonfeasance. An individual can be found liable and subject to prosecution if their neglect results in harm or damage to a person or property.
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Malfeasance is a criminal offence
An example of malfeasance is when a police officer witnesses an altercation or an escalating crime scene and intentionally ignores the situation to leave work on time. As a result of the officer's decision, a robbery, assault, or even a murder may occur. This constitutes malfeasance because the officer intentionally failed to perform their lawful duties, displaying a reckless disregard for public safety.
Another example of malfeasance is when a county clerk refuses to issue marriage licenses to all couples to avoid issuing them to same-sex couples. This is an intentional violation of the law, as the clerk is knowingly committing illegal acts and causing harm to all couples.
In the context of corporate law, malfeasance can range from unethical to illegal actions that cause physical or financial harm to another person. For instance, a Ponzi scheme, financial fraud, or accepting bribes are acts of corporate malfeasance. These acts are considered crimes and can result in serious problems within an industry or a country's economy.
Malfeasance is a serious offence in legal and ethical contexts, and penalties and damages are typically more severe due to the intentional nature of the act. It is important to distinguish malfeasance from misfeasance and nonfeasance, which also involve failures to act properly or lawfully but differ in their levels of intent and culpability.
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Misfeasance and malfeasance are types of wrongful acts
Misfeasance and malfeasance are two types of wrongful acts that have implications in legal contexts. While misfeasance is generally an unintentional breach of contract, malfeasance refers to a willful and intentional act that injures a party.
Misfeasance
Misfeasance is the act of engaging in an action or duty but failing to perform the duty correctly. It is a lawful act performed improperly or negligently. Misfeasance is not intentional and often occurs when an individual attempts to take a shortcut in their duties. It is similar to nonfeasance, which is the failure to act when there is a duty to do so, but differs in that it involves taking some kind of action, whether intentional or not.
Misfeasance can be punished by fines, loss of employment, and jail time. Examples of misfeasance include:
- A doctor prescribing the wrong medication for a patient, causing them to become severely ill.
- A contractor using substandard materials or techniques, leading to a collapsed roof.
- A government agency denying an application due to a paperwork error.
Malfeasance
Malfeasance is an act that is illegal and causes physical or monetary harm to someone else. It is an intentional and deliberate act that is wrongful or unlawful, often committed by officials or public employees. Malfeasance often carries harsher penalties than misfeasance due to its intentional nature. Examples of malfeasance include:
- A police officer who witnesses an altercation but intentionally ignores the situation, resulting in a robbery and murder.
- A county clerk who refuses to issue marriage licenses to all couples to avoid issuing them to same-sex couples.
- A government official committing fraud or accepting bribes.
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