If you’re looking for a malfeasance definition, the simplest meaning is an unlawful or wrongful act, especially one committed by someone who holds authority or responsibility. The word often appears in legal, government, corporate, and professional settings.
Direct answer: Malfeasance means committing an act that is wrongful, unlawful, or beyond a person’s legal authority. It often refers to misconduct by a public official, corporate officer, trustee, or professional. It differs from misfeasance, which usually involves performing a lawful act improperly, and nonfeasance, which means failing to act when required.
| Key point | What it means |
|---|---|
| Plain-English meaning | Doing something wrongful or unlawful |
| Part of speech | Noun |
| Common setting | Law, government, business, and professional duties |
| Often associated with | Abuse of authority, illegal conduct, or serious misconduct |
| Different from misfeasance | Misfeasance involves improperly performing an otherwise lawful act |
| Different from nonfeasance | Nonfeasance involves failing to perform a required act |
| Typical U.S. pronunciation | Approximately “mal-FEE-zuhns” |
What Does Malfeasance Mean?
In ordinary language, malfeasance refers to serious wrongdoing. The term becomes more precise when used in a legal setting.Cornell Law School’s Legal Information Institute, in a Wex entry last reviewed in April 2022, defines malfeasance as an act that is illegal and causes physical or monetary harm to someone else. The same entry describes the conduct as intentional and unlawful, especially when officials or public employees are involved.
Other legal dictionaries use similar wording. FindLaw describes the term as committing a wrongful or unlawful act connected with a person’s duties. Collins notes its frequent association with misconduct by a public official or someone entrusted with public responsibility. A useful way to remember the word is:
The person did something they should not have done.
That point separates the term from two similar legal concepts.
Malfeasance Definition in Legal Contexts
The definition of malfeasance can vary slightly depending on the statute, court, jurisdiction, or type of case involved. In many legal explanations, the word describes an affirmative wrongful act. It isn’t simply poor judgment or a failure to complete a duty. The conduct itself is improper, prohibited, or outside the actor’s lawful authority.
Intent can also require careful treatment. Some legal references describe the conduct as intentional. Yet courts may interpret the term differently when applying a particular statute.
For example, a federal appellate decision discussing the word in a statutory context noted that it did not necessarily require an intent to deceive. That illustrates why a dictionary meaning should not replace the language of the governing law.
If you’re researching another formal legal term, Newpapero’s explanation of what “inchoate” means in everyday and legal contexts provides a similar plain-English approach.
Malfeasance vs. Misfeasance vs. Nonfeasance
These three terms sound similar, but they describe different forms of conduct.
| Term | Basic meaning | Simple example |
|---|---|---|
| Malfeasance | Doing a wrongful or unlawful act | An official accepts a prohibited payment for granting a favor |
| Misfeasance | Doing a lawful act improperly | A person performs an authorized duty carelessly and causes harm |
| Nonfeasance | Failing to act when a duty requires action | A responsible party takes no required action at all |
Cornell defines nonfeasance as failing to act when a legal duty calls for action. Its legal reference distinguishes that omission from affirmative wrongful conduct.
Collins defines misfeasance as performing an otherwise lawful act improperly. Law.com makes a similar distinction between mistaken or careless performance and intentional unlawful conduct.
Here is a practical memory aid:
- Malfeasance: a wrongful act.
- Misfeasance: a permissible act done wrongly.
- Nonfeasance: a required act not done.
The exact legal consequences still depend on the relevant law and facts.
Examples of Malfeasance
Examples make the concept easier to understand. Consider a government employee who has authority to approve contracts but secretly accepts a bribe to favor one bidder. The official isn’t merely making a procedural error. The underlying conduct is wrongful.
A corporate executive who knowingly redirects company money for an unauthorized personal purpose may also face allegations like this. The precise legal claims could involve fraud, breaches of fiduciary duty, theft, securities laws, or other rules.
A trustee presents another example. Trustees hold responsibilities toward the people or assets covered by a trust. Knowingly using that position for an unlawful personal benefit can amount to serious misconduct.
The same principle can appear in professional settings. Still, calling conduct by this label doesn’t establish legal liability on its own. A court or other authority must apply the relevant law to the facts. For more practical legal content, readers can browse Newspaper’s law articles and explainers.
What Does Malfeasance in Office Mean?
“Malfeasance in office” usually refers to wrongful conduct connected with a public official’s duties or authority. That connection to office matters. A public employee’s unrelated private misconduct may raise other legal issues without necessarily fitting a statute that specifically addresses wrongdoing “in office.”
U.S. courts have used formulations that focus on acts an official had no legal right to perform, actions outside lawful authority, or abuse of official powers. Courts may also apply definitions created by a state constitution, statute, charter, or other governing rule.
As a result, you shouldn’t assume that every mistake by a government employee qualifies. Ordinary negligence, a procedural error, and deliberate abuse of public authority can fall into different legal categories.
Is Malfeasance a Crime?
Not automatically. The word describes a type of wrongful conduct, but it isn’t a single nationwide criminal charge with one universal set of elements. Whether conduct creates criminal liability depends on federal or state law and the specific behavior involved.
A wrongful act might instead lead to civil liability, removal from office, professional discipline, employment consequences, or another remedy. In some situations, the same conduct may violate a criminal statute.
That distinction matters especially in the United States because legal rules can differ by state.
Newspaper also covers practical disputes where state law matters, such as its guide to what happens when one co-owner refuses to sell shared property.
How to Use the Word Correctly
The term works best when you mean wrongful conduct rather than an ordinary mistake. For example, “The investigation examined allegations of official malfeasance” suggests potentially serious misconduct. Saying that someone committed it merely because they filled out a form incorrectly would usually be too strong unless the error involved unlawful or knowingly wrongful behavior.
You may see the word in reporting about government, business scandals, fiduciary duties, corruption, investigations, or abuses of authority.
Its history also fits that meaning. English dictionaries trace the word through older French forms connected with wrongdoing or doing something badly. Collins records English forms of the term going back several centuries.
Why the Distinction Matters
Legal terminology can change how we analyze conduct. Calling something negligence suggests a failure to use proper care. Misfeasance points toward improper performance. Nonfeasance focuses on a failure to act. The term discussed here points toward affirmative wrongful conduct.
Those distinctions can affect legal arguments, but labels alone don’t decide a dispute. Statutory wording, duties, evidence, intent requirements, and jurisdiction all matter.
For that reason, a general definition helps you understand an article, court opinion, contract, or news report. Don’t treat it as legal advice for a specific case.
Frequently Asked Questions
What is the simplest malfeasance definition?
A malfeasance definition in plain English is “doing something wrongful or unlawful,” particularly when the person holds a position of authority, trust, or responsibility. Legal meanings can be more specific depending on the law being applied.
What is an example of malfeasance?
A common example is a public official knowingly using official authority to carry out an unlawful act. Accepting a bribe in exchange for an official favor is one frequently used illustration.
What is the difference between malfeasance and misfeasance?
The first usually involves doing something wrongful or unlawful. Misfeasance generally means performing an otherwise lawful or authorized act improperly.
What is the difference between malfeasance and nonfeasance?
The first concerns affirmative wrongful conduct. Nonfeasance refers to failing to act when a duty requires action.
Does malfeasance always require criminal intent?
No universal rule applies in every context. Some definitions emphasize intentional wrongdoing, while particular statutes or court interpretations may use a different standard. Always check the governing law rather than relying only on a dictionary.
Can the term apply outside government?
Yes. Although it is often associated with public officials, legal references also use it in corporate, professional, fiduciary, and other settings involving responsibility or authority.
The Bottom Line
Malfeasance describes affirmative wrongful or unlawful conduct, often involving someone who holds authority or a position of trust. In ordinary usage, it is more serious than a simple mistake.
The key distinction is easy to remember: malfeasance concerns a wrongful act, misfeasance concerns an act performed improperly, and nonfeasance concerns a failure to act.
When the term appears in a lawsuit, statute, employment dispute, or government proceeding, check the applicable legal definition. State and federal rules may attach specific requirements that a general dictionary definition cannot capture.
