Examples Of Tort Of Misfeasance

The Tort of Misfeasance

A tort is considered to be a civil wrong from which injury occurs to another person whether it is intentional or accidental. For such an offense, monetary value is the usual form of remedy. A classification of torts is that of negligence. “The tort of negligence allocates rights to individuals who have suffered damage, to their property or themselves, against a party that has failed to take reasonable care for that person’s safety” (Adams 2008). For an individual to have a successful claim in the tort of negligence, there must be proof of the duty of care, failure to perform that duty and damage suffered. Duty of care means that the claimant should show that the defendant should have thought about them (the claimant)

According to Dover District Council (n.d.), “misfeasance in public office is a term used when a public official does his/her job in a manner, which is not necessarily legal, however, he/she is wrong.” Misfeasance in public office can often be seen as the abuse of power. For this and many other reasons, the tort of misfeasance is imposed with the aim of restricting public officers from the possible abuse of power that will cause harm to others. The tort of misfeasance in public office may also be essential when there are scenarios where the public body has statutory exemption from ordinary damages claim (Law Gazette, n.d.). A case that eventually helped to develop the tort of misfeasance is the case Ashby v White (1703). Mr. White had breached his duty by disallowing Mr. Ashby to cast his vote. Despite not being able to vote, Mr. White’s preferred candidate won the election. However, because he was stripped of his right, he was compensated in the form of money thanks to the actions of Mr.

Ms. Gray accrued parking lot fines amounting to roughly $400; she was unable to pay, so a warrant was issued for her arrest. Upon being taken to the Narre Warren Police Station, she was strip searched without any given reason. She was fully stripped and was not given any alternative clothes to wear. The following day she returned to do community work. She later sued for misfeasance in public in office among other causes of action. She was successful in all causes of actions. The court noted that Sgt. De Reus, being the holder of a public office, either knew he did not have authority to conduct the strip search or he had ascertained to having the power, and that the manner by which he acted was done to cause harm towards the claimant (Ms. Gray). Every so often there is a case relating to that of Police brutality in Belize. It may seem that they believe they have supreme power to enforce their will as they