Question

A driver, with a licence, driving in a rash manner may be committing

• A. Malfeasance
• B. Misfeasance
• C. Nonfeasance
• D. None of the above

Hint:

To distinguish these three easily:
1. Nonfeasance = omission (doing nothing).
2. Misfeasance = negligence (doing a lawful act improperly).
3. Malfeasance = active wrong (doing an inherently unlawful act).

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks us to classify the act of a licensed driver driving rashly under the standard legal categories of civil/administrative wrongs (Malfeasance, Misfeasance, or Nonfeasance).

Step 2: Key Principles and Statutory Provisions:
These terms represent different types of wrongful conduct in the law of torts and administrative law:
1. Malfeasance: Committing an act that is inherently unlawful and which the person has no right to perform (e.g., trespass).
2. Misfeasance: The improper, negligent, or wrongful performance of some lawful act.
3. Nonfeasance: Failing to perform an act that a person is legally obligated to perform.

Step 3: Detailed Explanation and Analysis:

• In the presented scenario, the driver holds a valid driving license.
Therefore, the act of driving itself is a perfectly lawful act.

• However, by driving in a "rash and negligent manner", the driver is performing this lawful act in an improper, dangerous, and wrongful way.

• This is a classic example of misfeasance (doing a lawful thing badly or negligently).

• It is not nonfeasance, because the driver is actively doing something rather than failing to act.
It is not malfeasance, because driving a car with a valid license is not inherently illegal.

Step 4: Final Answer:
The wrongful conduct is classified as misfeasance, making Option B the correct answer.