What does misfeasor mean?
A misfeasor is a person who commits misfeasance: improper performance of a lawful duty, or failure to perform a duty that is legally required. The word is chiefly associated with law and is much less common in ordinary speech. Its importance lies in distinguishing improper conduct from outright unlawfulness: a misfeasor may have acted in a way that was not inherently forbidden, but circumstances made a proper performance necessary. For example, a person responsible for maintaining a building may commit misfeasance by neglecting a required inspection even though the law does not prohibit ordinary negligence. The related word malfeasor is different, since a malfeasor performs an act that is itself unlawful. Thus, misfeasor names a wrongdoer within a more specific legal category.
nounA person who commits misfeasance, especially by failing to perform a duty or improperly carrying out an act that would otherwise be lawful.
- A person who commits misfeasance, especially by improperly performing a lawful duty or omitting a required action.
"The court found that the misfeasor had negligently failed to maintain the property."
"The misfeasor was held responsible for failing to repair the dangerous railing."
"In the opinion, the tenant was treated as a misfeasor because he neglected an agreed maintenance obligation."
The plural is formed by adding -s and is used when referring to more than one person who commits misfeasance.
"The report identified two misfeasors who had neglected their statutory duties."
Sometimes doing something the law permits is still a legal wrong if you are obligated to do it and fail.
Reviewed by Deb Chak, Editor. AI-assisted content curated by RJS Tech Solutions LLP.
Where does misfeasor come from?
The word is a formation based on misfeasance, combining the prefix mis- meaning “wrongly” or “badly” with feasance, meaning “doing” or “performance.” Its ultimate root is Latin facere, “to do,” which passed into English through Old French and related forms such as feasible. The word appears chiefly in legal usage and was formed to name the person responsible for such improper conduct.
How misfeasor is actually used
This is a rare legal term, chiefly used in statutes, judgments, and formal discussion. It should not be used as a general synonym for someone who has acted unlawfully.
Easily confused with misfeasor
A malfeasor commits an unlawful or wrongful act, whereas a misfeasor improperly performs a lawful duty or fails to perform one as required.