General Principles
Malfeasance, Misfeasance & Non-feasance
Topic Overview
Meaning of Feasance
Etymology and the Definition of Action
Breach of Duty
Winfield’s Definition and the 3 Core Conditions
- Feasance is French term came from feisance means action
- It means doing or performing an act or act of omission
- Winfield’s definition – “Tort is branch of duty imposed by law” breach of such duty give rise to 3 conditions:
3 Conditions of Breach of Duty
1) Malfeasance
2) Misfeasance
3) Non-Feasance
1. Malfeasance
Performance of an act which is unlawful, mal – unlawful and Feasance – Action, which the law says to be refrain from & not the indulge in such activity.
Example for driving recruitment is licenced and helmet are necessary. Driving Without a licence or helmet, it is unlawful, which is not justified
2. Misfeasance
Consist in improper performance of act which has a legal right to do, Applicable to improper performance of a lawful act or doing lawful activity with negligence or improper performance.
Example,
- If a person driving with licence but negligently
- A patient required only minor treatment, but dr appeared for an operation
3. Non-Feasance
Applies to the failure or omission to perform some act for which there is a legal obligation to perform, omission of some act that is to be perform