See Also: MISFEASANCE, torts, contracts(law)
MALFEASANCE, contracts, torts(law)
MISCARRIAGE, contracts, torts(law)
DEFAULT, contracts, torts(law)
CHEVISANCE, contracts, torts(law)
Misfeasance(money)
misfeasance(dictionary)
COSENAGE, torts(law)
OUSTER, torts(law)
DISTURBANCE, torts(law)

MISFEASANCE, torts, contracts (law)


MISFEASANCE, torts, contracts. The performance of an act which might lawfully be done, in an improper manner, by which another person receives an lawfully be done, in an improper manner, by which another person receives an injury. It differs from malfeasance, (q.v.) or, nonfeasance (q.v.) Vide, injury. It differs from malfeasance, (q.v.) or, nonfeasance (q.v.) Vide, generally, 2 Vin. Ab. 35; 2 Kent, Com. 443; Doct. Pl. 62; Story, Bail. Sec. generally, 2 Vin. Ab. 35; 2 Kent, Com. 443; Doct. Pl. 62; Story, Bail. Sec. 9. 9. 2. It seems to be settled that there is a distinction between 2. It seems to be settled that there is a distinction between misfeasance and nonfeasance in the case of mandates. In cases of misfeasance and nonfeasance in the case of mandates. In cases of nonfeasance, the mandatary is not generally liable, because his undertaking nonfeasance, the mandatary is not generally liable, because his undertaking being gratuitous, there is no consideration to support it; but in cases of being gratuitous, there is no consideration to support it; but in cases of misfeasance, the common law gives a remedy for the injury done, and to the misfeasance, the common law gives a remedy for the injury done, and to the extent of that injury. 5 T. R. 143; 4 John. Rep. 84; Story, Bailment, Sec. extent of that injury. 5 T. R. 143; 4 John. Rep. 84; Story, Bailment, Sec. 165; 2 Ld. Raym. 909, 919, 920; 2 Johns. Cas. 92; Doct.