malfeasance

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Apparently, not only forces of nature were to blame for the disaster that befell New Orleans in the aftermath of Hurricane Katrina:

"The head of a team of engineering experts told a Senate committee on Wednesday that malfeasance during construction might have been one reason for the catastrophic failure of the levees that were supposed to protect New Orleans from hurricanes."

Link: Malfeasance Might Have Hurt Levees, Engineers Say

Posted November 4, 2005.

See our Word Overheard blog to see interesting uses of strange words.

Wrongdoing or criminal act, as when a bank officer accepts cash gifts from a loan customer. Contrast with Misfeasance the improper performance of a legally permissible act, and Nonfeasance the failure to carry out a contractual obligation.

The commission of an act that is unequivocally illegal or completely wrongful.

Malfeasance is a comprehensive term used in both civil and criminal law to describe any act that is wrongful. It is not a distinct crime or tort, but may be used generally to describe any act that is criminal or that is wrongful and gives rise to, or somehow contributes to, the injury of another person.

Malfeasance is an affirmative act that is illegal or wrongful. In tort law it is distinct from misfeasance, which is an act that is not illegal but is improperly performed. It is also distinct from nonfeasance, which is a failure to act that results in injury.

The distinctions between malfeasance, misfeasance, and nonfeasance have little effect on tort law. Whether a claim of injury is for one or the other, the plaintiff must prove that the defendant owed a duty of care, that the duty was breached in some way, and that the breach caused injury to the plaintiff.

One exception is that under the law ofstrict liability, the plaintiff need not show the absence of due care. The law of strict liability usually is applied to product liability cases, where a manufacturer can be held liable for harm done by a product that was harmful when it was placed on the market. In such cases the plaintiff need not show any actual malfeasance on the part of the manufacturer. A mistake is enough to create liability because the law implies that for the sake of public safety, a manufacturer warrants a product's safety when it offers the product for sale.

Used in regards to performance on a contract, malfeasance is an act of outright sabotage in which one party to the contract commits an act which causes intentional damage. A party that incurs damages by malfeasance is entitled to settlement through a civil law suit.   

Investopedia Says:
Proving malfeasance in the court of law is often difficult, as the true definition is rarely agreed upon. All courts agree that the concept has to do with wrongful doing, however, defining wrongful doing and proving intent are often difficult to do.

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LearnThatWord.com is a free vocabulary and spelling program where you only pay for results!

An act that one should not do at all or the unjust performance of some act that one has no right to do.

• Crimes, Criminals, and Civil Offenders - malfeasance: act wrongful in itself or which perpetrator had no right to do, esp. performed by public official
• Crimes - malfeasance: wrongdoing or misconduct, esp. an act in violation of public trust committed by a public official