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Tort law
Part of the common law series
Negligence
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence
Rescue doctrine  · Duty to rescue
Specific Kinds of Negligence
Negligent infliction of emotional distress (NIED)
In employment  · Entrustment
Duty to Visitors
Trespassers  · Licensees  · Invitees
Attractive nuisance
Strict Liability Torts
Product liability  · Ultrahazardous activity
Property torts
Trespass  · Conversion
Detinue  · Replevin  · Trover
Nuisance
Public nuisance  · Rylands v. Fletcher
Intentional torts
Assault  · Battery  · False imprisonment
Intentional infliction of emotional distress (IIED)
Consent  · Necessity  · Self defense
Dignitary torts
Defamation  · Invasion of privacy
Breach of confidence  · Abuse of process
Malicious prosecution
Economic torts
Fraud  · Tortious interference
Conspiracy  · Restraint of trade
Liability, Defenses, Remedies
Comparative and Contributory negligence
Last clear chance  · Eggshell skull
Vicarious liability  · Volenti non fit injuria
Ex turpi causa non oritur actio
Damages  · Injunction
Common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

The expressions misfeasance and nonfeasance, and occasionally malfeasance, are used in English law with reference to the discharge of public obligations existing by common law, custom or statute.

Misfeasance is determined in relation to privity of contract. When a contract creates a duty that does not exist at common law, the parties can do one of three things: (1) perform the duty fully; (2) perform the duty inadequately or poorly; or (3) fail to perform the duty at all. When a party fails to perform at all, it is nonfeasance. When a party performs the duty inadequately or poorly, it is misfeasance. Malfeasance is used to denote outright sabotage which causes intentional damage.

Example: A company hires a catering company to provide drinks and food for a retirement party. If the catering company doesn't show up, it's considered nonfeasance. If the catering company shows up but only provides drinks (and not the food, which was also paid for), it's considered misfeasance. If the catering company accepts a bribe from a competitor to undercook meat and give those present food poisoning, it's considered malfeasance.

The rule of law laid down is that no action lies for nonfeasance, for failure or refusal to perform the obligation, but that an action does lie for misfeasance or malfeasance, for negligently and improperly performing the obligation. The doctrine was formerly applied to certain callings carried on publicly (see R. v. Kilderby, 1669, 1 Will. Saund. 311, 312 c).

At present the terms misfeasance and nonfeasance are most often used with reference to the conduct of municipal authorities with reference to the discharge of their statutory obligations; and it is an established rule that an action lies in favour of persons injured by misfeasance, i.e. by negligence in discharge of the duty; but that in the case of nonfeasance the remedy is not by action but by indictment or mandamus or by the particular procedure prescribed by the statutes.

This rule is fully established in the case of failure to repair public highways; but in other cases the courts are astute to find evidence of carelessness in the discharge of public duties and on that basis to award damages to individuals who have suffered thereby.

Misfeasance is also used with reference to the conduct of directors and officers of joint-stock companies. The word malfeasance is sometimes used as equivalent to mala praxis by a medical practitioner.

• Malfeasance in office

This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.