• Fri. Jun 9th, 2023

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Malfeasance – Misfeasance and Non-feasance

Malfeasance – Misfeasance and Non-feasance


Malfeasance – The doing of an illegal act is malfeasance. Which is self-accusatory in law. In such cases, it is not necessary to prove any carelessness or negligence or malice etc.

Misfeasance –It means those acts which are performed illegally. In that the work is not illegal but the way of doing them is illegal. The disobedience of the selfless duty of doing or not doing any act does not impose any legal liability on the doer, but the doer will be liable for damages if any act is done illegally.

Non-feasance – Where a person has a legal obligation to do an act and he does not perform it and it causes injury to another person, then it is called non-feasance.
Damage -The word damage means every kind of loss that can be made good by indemnification, that is, the damage can be cured by damages.
On the contrary, the word “damages” indemnity means the compensation which is in the form of money and which the court orders the defendant to pay.

Malfeasance – Misfeasance and Non-feasance

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What is the meaning of tort?

The word tort has been derived from the Latin term ‘tortum’, which means ‘to twist’. Thus, tort means “a conduct which is not straight or lawful, but on the other hand twisted, ,crooked or unlawful.” It is equivalent to the English term ‘wrong’.

What are the definitions of torts?

According to Winfield –

“Tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action or unliquidated damages.”

According to Salmond 

“It is a civil wrong for which the remedy is a common-law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation.”

According to  Underhills 

“An act or omission which, independent of contract, is unauthorized by law, and results either in the infringement of some absolute right to which another is entitled, or in the infliction upon him of some substantial loss of money, health, or material comfort, beyond that suffered by the rest of the public, and which infringement or infliction of loss is remediable by an action for damages.”

According to  Pollock 

“Tort is an act or omission (not merely the breach of a duty arising out of personal relations, or undertaken by a contract which is related to harm suffered by a determinate person, giving rise to a civil remedy which is not an action of contract.”

According to  Section 2(m), the Limitation Act, 1963 

“Tort means a civil wrong which is not exclusively a breach of contract or breach of trust”

According to  Fraser 

“It is an infringement  of a right in rem of a private individual giving a right of compensation at the suit of the injured party.”

What is the nature of tort?

After analysis of above definitions tort may be defined as “a civil wrong that is redressible by an action for unliquidated damages. Additionally, tort covers a civil wrong which is other than a mere breach of contract or breach.”
  1. Tort is Civil Wrong
  2. This civil wrong is other than mere of contract or breach of trust
  3. Tort is redressible by an action for unliquidated damages
What is the Characteristics of the Tort – Concept
  1. A law of tort is a law relating to the violation of a person’s rights. Under special circumstances, rights and duties arise between individuals according to the common law. The infringement of these duties and rights is called tort.
  2. A tort is different from unfair acts that are wholly subject to breach of contract.
  3. Remedy of the tort can be obtained by filing a suit for damages in the civil court.
  4. Both tort and crime are different.
  5. Tortious Liability is against all the people of the society, so every person of the society is obliged not to do the wrongdoing. It is a public right( Right in Rem).
  6. The main aim is to re- compensate the plaintiff for the loss  suffered by him
  7. Tort is always redressible by an action for unliquidated damages

What is the difference between tort and Crime?

  • Tort is an infringement of private or civil rights of individualwhile crime is a breach of public rights which affect the whole community.
  • The forum of redressal  is civil court in the matter of tort while processing  are to be  initiated in a criminal court in a crime.
  • The suit for damages is filed in the Civil Court against the wrongdoers by the plaintiff himself in tort while proceedings are initiated against the accused by the state in crime.
  • The main aim is to re – compensate the plaintiff for the loss suffered by him from the wrongful act of the defendant in tort while the main aim is to punish the accused if convicted to set example  such  crime is not repeated in future in crime.


Malfeasance – Misfeasance and Non-feasance