What is the definition of misfeasance in the context of a claim for damages against an agent?
Saskatchewan, Canada
The following excerpt is from Howell v. Rural Municipality of Wilton No. 472, 1922 CanLII 170 (SK CA):
In McDonald v. Dickenson, 24 O.A.R. 31, at p. 42, Osier, J.A. said: Misfeasance may involve also to some extent the idea of not doing, as where the agent while engaged in the performance of his undertaking does not do something which it was his duty to do under the circumstances; does, not take the precaution: does not exercise that care which a due regard for the rights of others requires.
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