What is misfeasance?

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Misfeasance refers specifically to the improper or unlawful execution of a lawful act, which aligns with the concept of wrongful exercise of lawful authority. This means that an individual or authority was permitted to perform an action but did so in a careless or inappropriate manner, leading to harm or injury to someone else.

In the context of legal and public health scenarios, misfeasance could occur if a health official were to conduct a routine inspection or enforcement action negligently, thus failing to safeguard public health despite having the legal right to act. The critical factor that defines misfeasance is the existence of lawful authority to act, combined with the failure to execute that act correctly and responsibly.

The other options pertain to different concepts, such as a failure to act, which would describe nonfeasance, and misconduct by government authorities, which may relate to various forms of malfeasance or lack of moral or legal responsibility. Legal protection for the incapacitated represents a separate legal principle entirely, concerning the rights and protections afforded individuals unable to care for themselves.

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