Misfeasance,Malfeasance VS Negligence

[jaemchi]

Hi

I'll be taking Section 1 test in a month, and I am very confused...
What is the clear way to define/differentiate Misfeasance,Malfeasance VS. Negligence ??? I have seen notes that Misfeasance is wrongful act in private project while Malfeasance is in public project. But how are these different from Negligence?

Thank you

[Amanda Jones]

Those are definitely helpful definitions! I kept struggling to remember these definitions, my way of remembering the 4 (malfeasance, misfeasance, malpractice, nonfeasance) is the following - 

Feasance = the act of doing something

Malfeasance = doing something in a "bad" manner (mal = bad in Spanish and that helps me remember)

Misfeasance = doing something legal in an inappropriate way

Nonfeasance = not doing anything when you should have 

Malpractice = doing something that would intentionally cause harm or damages

Hope this helps! 

[Sarah Ouvray]

Hello,
I am reading Hinze and looking at google about this topic.
Here is a question from a mock exam that I have trouble answering

An unfortunate delay in provision acquisition forces a contractor into making the difficult decision to complete a section of construction in an unlawful manner. Although no harm derives immediately from the action, the owner grows enraged upon realizing that the contractual stipulation where knowingly ignored, and levels charges against the contractor. What could the contractor be charged with?
A Misfeasance
B Negligence
C Malpractice 

D Malfeasance

Misfeasance: doing something legal in an inappropriate way/ conduct that is lawful but harms another person financially or physically due to carelessness or an accident
Negligence: this is an unintentional tort, meaning that the responsible party did not purposely cause harm, but their lack of reasonable care led to the injury or damage
Malpractice: failure of a professional person to act in accordance with the prevailing professional standards
Malfeasance: execution of an unlawful or improper act, prohibited by law.

So I would say by elimination

- it is not misfeasance as the contractor knowingly constructs in an unlawful manner

- it is not negligence as it is not a matter of reasonable care, and there is not injury of damage yet

- it could be malpractice because a professional standard would be to respect the law ? 

- it should be malfeasance because the contractor "executed an unlawful act " ???

Also, about the way the question is written, it is stated that the contractor makes a "difficult decision" and that there is no harm yet. 

Are these elements impacting the answer or should we focus only the "unlawful manner" part.

Thank you for your help,

Sarah