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Simple English definitions for legal terms
Misfeasance
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A quick definition of Misfeasance:
Term: Misfeasance
Definition: Misfeasance is when someone does something that they are allowed to do, but they do it in the wrong way. This means they make a mistake or do something that is not right. For example, a police officer who arrests the wrong person by accident is committing misfeasance. It is different from doing something that is not allowed, which is called malfeasance.
A more thorough explanation:
Definition: Misfeasance refers to the improper or incorrect performance of a lawful act. This means that someone did something that they were allowed to do, but they did it in the wrong way.
Example: In the case of Bennis v. Michigan, the police seized a car that was jointly owned by John and Tina Bennis. The car had been used by John to have sex with a prostitute, which was illegal. However, Tina had no knowledge of this and had not done anything wrong. The Supreme Court ruled that the police had committed misfeasance by seizing the car from Tina, who had not done anything illegal.
Another example: A doctor who performs a surgery on a patient but makes a mistake that causes harm to the patient has committed misfeasance. The doctor was allowed to perform the surgery, but they did it in the wrong way, causing harm to the patient.
The examples illustrate that misfeasance occurs when someone does something that they are allowed to do, but they do it in the wrong way, causing harm or damage to someone else.