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Encyclopedia Britannica



NONFEASANCE, MISFEASANCE, MALFEASANCE

This article appears in Volume V19, Page 736 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: NEW-NUM
NONFEASANCE, MISFEASANCE, MALFEASANCE . The ex-
pressions " nonfeasance " and " misfeasance," and occasionally malfeasance," are used in
English
  law with reference to the discharge of public obligations existing by common law, custom or
statute
 . The
rule
  of law laid down is that no action lies for nonfeasance, i.e. for failure or refusal to perform the
obligation
 , but that an action does lie for misfeasance or malfeasance, i.e. 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 oftenest 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 sometim*s used as equivalent to mala praxis by a medical practitioner. (W. F. C.)


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