单词 | misfeance |
释义 | misfeance misfeance doing something, essentially legal, wrongly, as opposed to not doing something at all that should have been done (which is called non-feasance). A species of the tort is misfeasance in public office. Traditionally this was the case of directed malice intended to injure a person – the exercise of public power for an ulterior motive . The House of Lords has recently given new life to the tort by holding that a public officer would be liable for the tort if he acted in the knowl- edge of or with reckless indifference to the illegality of his acts or with reckless indifference to the probability of causing injury to the particular plaintiff or a class of which the plaintiff was a member. This form of the tort depends upon the absence of an honest belief by the officer that his act was lawful: Three Rivers DC v. Governor and Company of the Bank of Scotland [2000] TLR 396. |
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