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Joined: Jul 2000
Posts: 3,467
Carpal Tunnel
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Carpal Tunnel
Joined: Jul 2000
Posts: 3,467 |
How sweet and proper to live past 89.
TEd
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Joined: Jan 2001
Posts: 1,773
Pooh-Bah
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OP
Pooh-Bah
Joined: Jan 2001
Posts: 1,773 |
malfeasance is "evil doing"; the commission of an act which is positively unlawful and wrong.
misfeasance is the improper performance of some otherwise lawful act.
nonfeasance is the omission of an act which a person ought to do.
To quote from Desmarais v Wachusett Regional School District, 360 Mass 519; 276 NE2d 691:
There is a distinction between "nonfeasance" and "misfeasance" or "malfeasance"; and this distinction is often of great importance in determining an agent's liability to third persons. "Nonfeasance" means the total omission or failure of an agent to enter upon the performance of some distrinct duty or undertaking which he has agreed with his principal to do; "misfeasance" means the improper doing of an act which the agent might lawfully do, or, in other words, it is the performing of his duty to his principal insuch a manner as to infringe upon the rights and privileges of third persons; and "malfeasance" is a doing of an act which he ought not to do at all.
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Joined: Mar 2000
Posts: 11,613
Carpal Tunnel
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Carpal Tunnel
Joined: Mar 2000
Posts: 11,613 |
Thank you, Sparteye--I hadn't known that. I guess an example of two sides arguing between mis- and nonfeasance might be something I read about yesterday: a Dr. sent a patient to the only medical facility that offered a certain treatment, and the patient's HMO refused to pay because that facility wasn't on its list of approved places.
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