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Misfeasance

Definition - What does Misfeasance mean?

Misfeasance is when something lawful is done in an unlawful way.

Misfeasance often occurs when a person that is in a position of authority believes that they can circumvent the law in order to gain a certain result, when they know that if they stated everything accurately, they would not.

The taking of actions that are in themselves legal, but that were not meant to be used in the way that they were, signals a misfeasance.

Justipedia explains Misfeasance

An example of this is if an attorney were to place an alternate service ad in a newspaper stating that they do not know where the defendant lives, when in fact they do know. The act of placing an alternate service in itself is legal, but the way in which it was placed by the attorney who knew what they were stating to gain permission from the court to post the alternate service was incorrect.

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