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malfeasance

Malfeasance is an act that is illegal and causes physical or monetary harm to someone else. Malfeasance is intentional conduct that is wrongful or unlawful , especially by officials or public employees. 

• In the context of tort law, “malfeasance” is at a higher level of wrongdoing than nonfeasance (failure to act where there was a duty to act) or misfeasance (conduct that is lawful but harms another person financially or physically due to carelessness or an accident).
• In the context of criminal law , “malfeasance” can apply to cases that cause financial damage or physical injury to another person. Malpractice is an example of criminal malfeasance.
• In the corporate law, corporate malfeasance can range from unethical to illegal actions and can include cases that cause physical harm to another person. For example, a Ponzi scheme is an act of corporate malfeasance.

 

See also: Nonfeasance ; Misfeasance . 

[Last reviewed in April of 2022 by the Wex Definitions Team
]

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