123 Sentences With "misfeasance" | Random Sentence Generator

There's no malfeasance or misfeasance if you don't know about something.

Under Florida law, the governor can suspend elected officials for criminal activity, misfeasance, incompetence or neglect of duty.

The crime of misconduct in office covers both what officials did, misfeasance or malfeasance, or what they failed to do, nonfeasance.

The remaining 14 defendants, including the former defense minister, were accused of abuse of power, favoritism, denial of justice and misfeasance.

My home state, Georgia, for example, suffered a vicious blend of electoral malfeasance, misfeasance and mismanagement during my race for governor last fall.

It was, after all, a carnival of human errors and misfeasance that inspired the invention of Bitcoin in 2009, namely, the financial crisis.

Rod Rosenstein, deputy attorney general as of two weeks ago, delivered his memorandum detailing Comey's misfeasance in the Hillary Clinton email saga on Tuesday.

Scott, one of Snipes's fiercest critics, cited "widespread issues with voting" and "misfeasance, incompetence and neglect of duty" as reasons for suspending the election official.

"His willful and material misfeasance, violation of company policies and breach of his employment contract" led to his dismissal, the board said at the time.

" Lawyers were not able to speak directly with these women, but determined that "such a pattern arguably constitutes willful misfeasance and violation of the company's sexual harassment policy.

Over the last 50 years, the United States has risen above partisan politics to address serious violations of civil rights, presidential misfeasance and foreign attacks on U.S. soil.

The lawsuit is "alleging serious breaches of her constitutional rights and seeking damages for misfeasance in public office and false imprisonment," Howard Mickleson, one of Meng's lawyers, said in a statement.

" The report said that the lawyers weren't able to speak with any of those women, but that "such a pattern arguably constitutes willful misfeasance and violation of the company's sexual harassment policy.

These common law crimes—malfeasance (doing a wrongful act), misfeasance (doing a lawful act in a wrong manner) or nonfeasance (willful neglect of duty)—all can be prosecuted under the Michigan Penal Code.

According to Florida statute, the governor has the power to suspend the sheriff for actions such as "misfeasance" and "neglect of duty" and may fill the office by appointment for the period of suspension.

Former Malaysian premier Mahathir Mohamad has filed a suit against Prime Minister Najib Razak, alleging corruption and "misfeasance and breach of fiduciaries" in public office, his law firm said in a statement on Wednesday.

According to Florida statute, the governor has the power to suspend the sheriff for actions such as "misfeasance" and "neglect of duty" and may fill the office by appointment for the period of suspension.

Last week, GFI Hospitality, the developer of New York's Ace Hotel, sued Mr. Friedman for $5 million in damages, financial "misfeasance" and back rent connected to the Breslin and the John Dory Oyster Bar.

Dole didn't specify particular controversies surrounding Clinton, who recently has been dogged by allegations of misfeasance regarding her email use while leading the State Department, as well as her leadership during the 2012 Benghazi terrorist attacks.

I think if there&aposs a spontaneous apology where it comes from the soul, where you&aposre your own policemen, your own monitor, and you&aposre responding to your own misdeed or misfeasance, then I say OK. PERINO: Right.

The three, citing misfeasance and breach of duty, are seeking exemplary damages from Najib to the government of 2.6 billion ringgit ($669.93 million) and aggravated damages of 42 million ringgit - equal to the amounts that were deposited into Najib's account.

"His willful and material misfeasance, violation of company policies and breach of his employment contract, as well as his willful failure to cooperate fully with the company's investigation," allowed the company to withhold the money, the CBS board said in a statement.

While most of the misconduct identified by the Inspector General was committed in 2016 and 2017 by a small group of now-former FBI officials, the malfeasance and misfeasance detailed in the Inspector General's report reflects a clear abuse of the FISA process.

"The evidence strongly suggests that the State's amateurish protection of critical election infrastructure placed Georgia's election system at risk, and the State Defendants now appear to be desperate to cover-up the effects of their misfeasance — to the point of destroying evidence," the lawsuit reads.

"While most of the misconduct identified by the Inspector General was committed in 2016 and 2017 by a small group of now-former FBI officials, the malfeasance and misfeasance detailed in the Inspector General's report reflects a clear abuse of the FISA process," Barr said.

"You're obviously looking to ensure that whatever outcome occurs, that the people are held – and the organization is held – responsible in a big way for the size and scale of its misfeasance," the Australian Financial Review newspaper quoted Porter as saying in an interview.

"We have determined that there are grounds to terminate for cause, including his willful and material misfeasance, violation of company policies and breach of his employment contract, as well as his willful failure to cooperate fully with the company's investigation," the CBS board said in a statement on Monday.

"With regard to Mr. Moonves, we have determined that there are grounds to terminate for cause, including his willful and material misfeasance, violation of Company policies and breach of his employment contract, as well as his willful failure to cooperate fully with the Company's investigation," the board said in a statement.

What they're saying: "With regard to Mr. Moonves, we have determined that there are grounds to terminate for cause, including his willful and material misfeasance, violation of Company policies and breach of his employment contract, as well as his willful failure to cooperate fully with the Company's investigation," the statement reads.

In recent years, we have allowed unhealthy consolidations of hospitals and the pharmaceutical industry; accepted an extraordinarily concentrated banking industry, despite its repeated misfeasance; failed to prevent firms like Facebook from buying up their most effective competitors; allowed AT&T to reconsolidate after a well-deserved breakup in the 1980s; and the list goes on.

Furthermore, payments to two other companies, IATA and ABTA, showed misfeasance.

Misfeasance, nonfeasance, and malfeasance are types of failure to discharge public obligations existing by common law, custom or statute. The Carta de Logu caused Eleanor of Arborea to be remembered as one of the first lawmakers to set up the crime of misfeasance.

Generally, a civil defendant will be liable for misfeasance if the defendant owed a duty of care toward the plaintiff, the defendant breached that duty of care by improperly performing a legal act, and the improper performance resulted in harm to the plaintiff. In theory, misfeasance is distinct from nonfeasance. Nonfeasance is a failure to act that results in harm to another party. Misfeasance, by contrast, is some affirmative act that, though legal, causes harm.

Re Paycheck Services 3 Ltd or is a UK insolvency law and company law case, concerning misfeasance.

Askew due to allegations of malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, and commission of a felony.

Re Purpoint Ltd [1991] BCLC 491 is a UK insolvency law and company law case, concerning misfeasance and wrongful trading.

Re Brian D Pierson (Contractors) Ltd [1999] BCC 26 is a UK insolvency law and company law case, concerning misfeasance and wrongful trading.

Park J held that the liquidators had failed to show a case of wrongful trading or misfeasance. The directors' action was appropriate given their available information and advice. They had made careful considerations at the crisis meeting. Park J also held that if the liquidators were correct about misfeasance, it would only be the finance director that was liable, not the other directors.

This element is a question of fact as to whether the defendant has been accessory to the misfeasance or breach of trust in question.

Garrett v A-G [1997] 2 NZLR 332 is a cited case in New Zealand regarding claims in tort for misfeasance in public office .

The court held on the facts of the case, there were no grounds for making any separate award for misfeasance.[2015] EWHC 2289 (Ch) at paragraph 309.

Rawlinson v Rice [1997] 2 NZLR 651, [1998] 1 NZLR 454 is a cited case in New Zealand regarding claims in tort for misfeasance in public office.

A Pennsylvania Court of Common Pleas judge may remove a constable for misfeasance, malfeasance, or acts of oppression. Malfeasance is defined as a breach of a positive statutory duty or of performing a discretionary act with an improper or corrupt motive. If a court finds that a Constable committed misfeasance, malfeasance, or an act of oppression, the court may then find that the Constable is unfit for office and remove him from office as constable.

But the misfeasance claim was in respect of breach of directors' duties to Continental Assurance, and therefore a loss had to be shown. But the payments to IATA and ABTA had caused no loss.

It has therefore been perceived as a way to combat misfeasance in public officials. From 1945 to 1972 Okinawa was under American administration. Grand jury proceedings were held in the territory from 1963 until 1972.

In September 2017 litigation commenced in Leeds District Registry of the High Court (Case No: D93LS496) against Gateshead Health NHS Foundation Trust, the Queen Elizabeth Hospital Gateshead and two Paediatricians for Misfeasance in Public Office.

The liquidators sued Mr D'Jan to recoup the lost funds on behalf of the company's creditors (who together were owed £500,000). They alleged both negligence and misfeasance under s 212 of the Insolvency Act 1986.

An official receiver was appointed to pursue the former directors of the Anglo-Austrian Printing & Publishing Union for misfeasance, and other funds. It recovered £7000 in damages for misfeasance and £1200 in calls on unpaid shares from former shareholders. However, a group of debenture holders had not yet been paid. They claimed the money recovered was theirs, given that it first went to the company on which they held charges, and could not be used to pay unsecured creditors before the debentures were paid off.

In the writ, Tampion claimed the judges had shown misfeasance, breach of duty and recklessness. The lawsuit was dismissed in the Supreme Court as "frivolous and vexatious" and an "abuse of the process of the court".

Betrayal of public interest, inexcusable negligence of duty, tyrannical abuse of power, breach of official duty by malfeasance or misfeasance, cronyism favoritism, etc. to the prejudice of public interest and which tend to bring the office into disrepute.

In most cases, the essentials to bring an action of misfeasance in public office are that the office-holder acted illegally, knew they were doing so, and knew or should reasonably have known that third parties would suffer loss as a result.

As a civil law action, the use of misfeasance of public office has grown in recent years, the law having been clarified in the litigation involving the collapse of the Bank of Credit and Commerce International. The ruling clarified that there are two types of misfeasance in public office. One known as "targeted malice" occurs when a public officer intentionally abuses their position with the motive of inflicting damage upon the claimant. The second is termed "untargeted malice"; this is committed by a public official who acts in an generalized way, knowing that they are not legally empowered to do the act complained of.

Misfeasance in public office is considered to be a special kind of public law tort. It occurs when there is a malicious or deliberate exercise or non-exercise of a statutory or common law power by an official which causes loss to a plaintiff which has been foreseen.

As prescribed by House Rules, the committee's jurisdiction is on the malfeasance, misfeasance and nonfeasance in office committed by government employees and officials which covers its political subdivisions and instrumentalities. It also includes investigations of any matter of public interest on its own initiative or upon order of the House.

The report, based on the findings of a 10-person committee, suggested that although Kugan had been beaten, probably with a flexible blunt object such as a hose, the trauma was insufficient to cause death. The report also dismissed other discrepancies in the two autopsy reports, attributing them to miscommunication and misinterpretation on the part of the pathologist who performed the second autopsy. The High Court found Inspector-General of Police (then the Selangor police chief) Khalid Abu Bakar, Khalid's predecessor as national police chief, Ismail Omar, and three other defendants liable for misfeasance leading to his death after finding contradictions between Khalid's and other witnesses' testimonies. The High Court awarded his mother RM851,700 in assault and battery, false imprisonment, misfeasance, and pain and suffering damages.

The court rejected the defendant's contention that this offence required malfeasance, or at least misfeasance, and did not extend to non-feasance. The court held that as a police officer, he had a duty of care to all of society, unlike civilians, in which case, there is no duty to put oneself at harm.

Mr Lane Bednash was the liquidator of the DGA (UK) Ltd. DGA had provided engineering consulting services. Bednash sought an order under the Insolvency Act 1986 section 212 (misfeasance for breach of a fiduciary duty) and section 238 (transactions at an undervalue) against Mr Hearsey. Mr Hearsey had been the sole beneficial shareholder and controlling director of DGA.

Page 36. Miranda imprisoned him and replaced him with one of his lieutenants, Alonso de Solis, at Santa Elena. Velasco and his treasurer, Bertolomeo Martinez, were briefly imprisoned for their suspected complicity in governmental misfeasance and the misappropriation of Menéndez's funds. On February 24, 1576, Hernando de Miranda began his term as governor of La Florida.

This will enable it to better prevent, detect, and respond to similar misfeasance and/or malfeasance in the future. The compliance and ethics program should strive to deliver tangible benefits and outcomes to the organization. Every organization is unique and has its own objectives. As such, several objectives of the compliance and ethics program will be unique as well.

Weir and 48,000 other shareholders of Railtrack claimed that Stephen Byers’ decision to force Railtrack into administration amounted to the tort of misfeasance in public office and a breach of the Human Rights Act 1998, on the theory that their property had been deprived. The shareholders raised £4m together to fight the case. They argued their property was expropriated without adequate compensation.

In December 1961 the Frankenthal District Court handed down a 2,000 Mark fine and a (?suspended) six-month jail sentence to Wilhelm Nowack after finding him guilty of misfeasance in a public office ("Untreue im Amt"). In October 1958 Dr. Nowack had resigned his office as regional Finance Minister of Rhineland-Palatinate. He was prosecuted for what might today be defined as a form of insider trading.

District Court Judge Rice issued a non molestation order against Rawlinson, against his protestations that the law required for him to be living with the complainant, which he wasn't. Rawlinson was later proven right on court, and had the order quashed. Rawlinson then sued the judge for misfeasance. At the time, whilst High Court judges had immunity for such conduct, District Court judges did not.

Re Anglo-Austrian Printing & Publishing Union [1895] 2 Ch 891 is a UK insolvency law and company law case, concerning recovery of assets under a misfeasance action. It was held that because the claims were vested in the company before the company went into liquidation, the proceeds of such a claim would be caught by a floating charge where the floating charge was expressed to include any after-acquired property.

The liquidator of Purpoint Ltd, a printing business, sued the former director Mr John Henry Meredith for wrongful trading and misfeasance under the Insolvency Act 1986 sections 212 and 214. Purpoint Ltd started trading in February 1986, with a plant and machinery, a printing press and two cars on hire purchase. Mr Meredith got a salary. Mr Meredith admitted the company was unable to pay its debts from December 1986.

The islands adopted a constitution on August 30, 1976, which is Constitution Day, the national holiday. The constitution was suspended in 1986, but restored and revised March 5, 1988. A new Constitution was instituted in 2006, but was suspended in 2009 after the discovery of massive corruption and financial misfeasance by ministers. The territorial government was restored under a new Constitution after a general election in November 2012.

Ashley's son and father sued Sussex Police for the torts of negligence (in respect of the planning of the operation and the shooting itself), battery, false imprisonment, and misfeasance in public office. The case was first heard by Mrs Justice Linda Dobbs in the High Court in 2004 as Ashley v Chief Constable of Sussex Police.Fordham, p. 245.Ashley v Chief Constable of Sussex Police [2008] UKHL 25.

The British government set up an independent inquiry, chaired by Lord Justice Bingham, in 1992. Its House of Commons Paper, Inquiry into the Supervision of the Bank of Credit and Commerce International, was published in October of that year. Following the report, BCCI liquidators Deloitte Touche filed suit against the Bank of England for £850m, claiming that the Bank was guilty of misfeasance in public office. The suit lasted 12 years.

Al Smith in January 1923, for misfeasance in office and neglect of duty. According to the charges brought against Law, he did not re-organize the Tax Department, as mandated when he was appointed by Miller; and he spent more money than appropriated by the State Legislature for running the Tax Department. He died on August 26, 1958 and was buried at Sleepy Hollow Cemetery in Sleepy Hollow, New York.

Patterson received a JMA rating in September 1914 (in effect, from Cowan), after Public Law 143 established it as a legal requirement to draw flight pay, because no flying ability test was yet required by the War Department to acquire the rating. Reber was aware of all these facts. Although legally correct, the ruling put the Army in a bad public light for not only condoning misfeasance but failing to correct it.

27 November 2010. He trained smokejumpers in Montana during the 1940s, many of whom were conscientious objectors of World War II. On August 5, 1949, Cooley picked the spots for smokejumpers to land during the Mann Gulch fire. A wind shift resulted in 13 deaths, including 12 smokejumpers, the most smokejumper fatalities during one job. An investigation cleared Cooley and a foreman who had helped him pick the landing spots of misfeasance.

The Glass House Effect (or GHE) is the resulting phenomenon brought on by an awareness that one is subject to ubiquitous surveillance. In corporate environments, the transparency is considered a good idea, as it is believed this discourages corporate crime and other misfeasance. The Glass House Effect can induce an overwhelming sense of hopelessness brought on those subject to such uncontrolled observation. In such circumstances, solitude is conspicuously absent, and privacy is considered a thoughtcrime.

Ashby v White (1703) 92 ER 126, is a foundational case in UK constitutional law and English tort law. It concerns the right to vote and misfeasance of a public officer. Lord Holt laid down the important principle that where there is injury in the absence of financial loss (iniuria sine damno) the law makes the presumption of damage and that it is sufficient to demonstrate that a right has been infringed.

Winsor was a witness in the legal action, heard in the High Court in London in June and July 2005. 49,500 Railtrack private shareholders of Railtrack brought the action against the Secretary of State for Transport for misfeasance in public office. Not all aspects of the administration of Railtrack were aired in that case. In the House of Commons on 24 October 2005, further criticism was levelled at the government concerning the circumstances in which Railtrack went into administration.

Continental Assurance plc had gone into insolvent liquidation. The liquidators submitted that the directors were guilty of wrongful trading (Insolvency Act 1986 section 214). They had continued to trade after a crisis meeting, which should have made clear there was no reasonable prospect of coming out of insolvency. The liquidators also alleged misfeasance (section 212) through years of disorganised financial and accounting records and this was what made it difficult to tell whether the company was insolvent.

Their lease was suspended, and at the following enquiry at the Forest Eyre, he and his partner were fined heavily, being deprived of their lease, and the works were let to others. The fine was subsequently abated somewhat. Every farmer of these works was accused of misfeasance; it is not clear that Brooke and his partners did anything wrong, or anything worse than any other farmer. Sir Basil probably had ironworks at Coalbrookdale on his own estate of Madeley.

The bonds, which had declined to junk status, could not ultimately be redeemed by the city government, and in 2009, Aguad was indicted for misfeasance related to their handling. Aguad was elected First Vice President of the Chamber of Deputies (the body's second-highest ranking post) by his colleagues in December 2010. He obtained his party's nomination for Governor of Córdoba ahead of provincial elections on August 7. He was defeated, however, by former Governor José Manuel de la Sota.

He accused Tufts of 32 allegations of malfensance, misfeasance, and nonfensance. It was the first time since 1861 (when Suffolk County District Attorney George W. Cooley was committed to an asylum) that the Attorney General had peitioned for the removal of a district attorney from office. Tufts hired Melvin Johnson to serve as his counsel during the proccedings. Tufts accused Allen of political animosity over his support for another candidate in the previous election and his opposition to legislation supported by Allen.

After his Pheu Thai Party won 2011 general election, he was appointed Deputy Prime Minister and Minister of Interior in the government of Yingluck Shinawatra on 9 August 2011 and resigned on 28 September 2012. His resignation is effective on 1 October 2012. He also resigned from MP and Pheu Thai Party's leader on 4 October 2012. Prior to resignations he was accused of illegal land sale endorsements and later was found guilty by the National Anti-Corruption Commission of misfeasance.

On January 12, 1938, Massachusetts Attorney General Paul A. Dever requested that the Massachusetts General Court grant the Massachusetts Supreme Judicial Court power to remove a mayor from office for cause, stating that "glaring misfeasance, malfeasance, and nonfeasance" made O'Brien's removal "absolutely necessary". The legislature decided against enacting such a law. On May 27, 1938, a grand jury indicted O'Brien on charges of larceny and embezzlement of $15,635.43 from the city of Revere. O'Brien proclaimed his innocence and on June 12 announced his campaign for reelection.

The fault lies in being willing to run the risk. But criminal negligence is a "misfeasance" or "nonfeasance" (see omission), where the fault lies in the failure to foresee and so allow otherwise avoidable dangers to manifest. In some cases this failure can rise to the level of willful blindness, where the individual intentionally avoids adverting to the reality of a situation. (In the United States, there may sometimes be a slightly different interpretation for willful blindness.) The degree of culpability is determined by applying a reasonable- person standard.

The legal concept of malice is most common in Anglo- American law, and in legal systems derived from the English common law system. In English civil law (being the law of England and Wales), relevant case law in negligence and misfeasance in a public office includes Dunlop v. Woollahra Municipal Council [1982] A.C. 158; Bourgoin S.A. v. Ministry of Agriculture, Fisheries and Food [1986] Q.B. 716; Jones v Swansea City Council [1990] 1 WLR 1453; Three Rivers District Council and Others v Governor and Company of The Bank of England, [2000]Parliament.the-stationary-office.co.

Denise Bryson, formerly Dennis Bryson, played by David Duchovny, is a transgender DEA agent. Bryson began wearing women's clothing during a DEA undercover operation and found that it relaxed her. Bryson changed her name to Denise for the purpose of the operation, and retained it afterwards, finding it comfortable. Bryson comes to Twin Peaks when Dale Cooper is accused by the Mounties and the FBI of misfeasance for his handling of the rescue of Audrey Horne from One Eyed Jacks and the alleged theft of cocaine from an RCMP stakeout.

The league also found that Vitt, whom Payton had assigned to monitor Williams (the two reportedly didn't get along very well), also knew about the broader lines of the scheme and even witnessed Williams handing out payments to players. However, Vitt failed to tell anyone about it. The NFL found that Payton and Loomis' misfeasance amounted to "conduct detrimental" to the league. The NFL found no club money had been used to fund the bounty pool, and praised Benson for doing what he could to shut down the slush fund.

The episode begins with a flashback to a top-secret location in 1994, where John Casey, wearing a Van Dyke beard and long hair, trains with his sensei Ty Bennett (Carl Lumbly). Bennett easily defeats Casey in a sparring match and tells him that until he finds his "calm center", he will never win. In modern day, Emmett Milbarge (Tony Hale) lectures Casey about sales at the Buy More. At Castle, General Beckman (Bonita Friedericy) explains that Chuck Bartowski will use the Intersect to check the Global Launch Agency for possible misfeasance.

On June 18, 2009, Justice Minister Rob Nicholson announced that the government of Canada would abide by the court's ruling. Nine days later Abdelrazik flew to Canada. In the fall of 2009, he sued the Canadian government for C$24 million, and C$3 million more for Foreign Minister Lawrence Cannon's "misfeasance in public office." The Hamilton Spectator stated that according to Justice Minister Robert Nicholson, "the Harper government spent more than C$800,000 in legal fees fighting a losing battle to keep Canadian citizen Abousfian Abdelrazik from coming home".

In Sykes v Walls , a claim of wrongful detention by a bailee was upheld as a good claim on the ground that a refusal to deliver up constituted a "misfeasance". By this case, trover became virtually concurrent with detinue. When a chattel had been found, and there was a subsequent refusal to deliver it to the owner, it was taken as evidence that a conversion had occurred. Trover was a wrong against the right of possession and not against the possession itself, because possession was prima facie in the wrong-doer.

See also the , s. 68: "(1) No police officer shall detain in custody a person who has been arrested without a warrant for a longer period than under all the circumstances of the case is reasonable. (2) Such period shall not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court." She felt it failed to adequately assure accused people that they were allowed to complain to magistrates about injuries they had sustained or acts of misfeasance against them by the authorities.

From July 1998 Robin Hood Centre plc ("the company") engaged in the business of a Robin Hood themed tourist attraction in Nottinghamshire. The company went into creditors' voluntary liquidation on 6 February 2009. The liquidators brought proceedings against the directors of the company for misfeasance and wrongful trading. Although the company accounts showed a surplus of assets for the 12 years prior to liquidation, the liquidators argued that the companies were in fact balance-sheet insolvent during the relevant period due to mis-stating of depreciation on the company accounts.

The primary circumstances where liability may be imposed upon directors in relation to their acts as directors are (1) where the director is guilty of fraudulent trading or misfeasance, or (2) where the director undertakes personal responsibility or liability for certain actions., section 4; , section 23. There is no express statutory provision in relation to the director of a CAC, but see also Williams v Natural Life Health Foods Ltd [1998] UKHL 17. Conversely, the assets of a company are regarded as belonging solely to the company and not the company's members.

Such measures were bitterly opposed by immigrants' rights organizations and by those who favored less restrictive immigration policy. Groups such as the Jewish Immigrant Aid Society in New York proved to be direct opponents for Williams' administrative goals by appealing every case in which a Jewish immigrant was excluded. Many more societies focuses on appealing to Congress to make immigration inspections more lax. Occasionally, charges would be made against immigration inspectors such as Williams, bringing allegations of cruelty and misfeasance against them, an action taken by the New York Journal.

At paragraph 14. Therefore, because the proceedings were bound to fail, even though the British Virgin Islands courts were the appropriate forum, leave to serve out of the jurisdiction should not have been granted.Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran [1994] 1 AC 438 Lord Scott noted that the claim failed because of the form that the action had taken. Under British Virgin Islands law it would have been possible for an individual creditor to bring proceedings for misfeasance or breach of trust (although not negligence) against a liquidator under section 191 of the Companies Act (Cap 285).

Prior to his removal, he was the only living Canadian on the United Nations Security Council blacklist, usually referred to as the "1267 List" after the number of the Security Council resolution which established it. The 1267 regime imposes sanctions on listed individuals, including a complete asset freeze and a ban on international travel. Upon his return to Canada, he sued the government for C$24 million, and C$3 million more for Foreign Minister Lawrence Cannon's alleged "misfeasance in public office." He also launched a constitutional challenge to legislation implementing the 1267 regime in Canada.

During the 15th century, the received learning was that an action on the case did not lie for mere inaction ("nonfeasance").Wootton v Brygeslay (1400); Watkin's Case (1425) By the beginning of this 16th century, this was no longer the case. Provided a plaintiff could show that the defendant was guilty of misfeasance, deceit, or the plaintiff had made a pre-payment, the plaintiff could bring assumpsit for nonfeasance. By the beginning of the 16th century lawyers recognised a distinct species of action on the case known as assumpsit, which had become the typical phrase in the pleadings.

If she did not agree to marry him, he had to give her a dowry that suited her social status, so that she could marry someone else, and he still had to either pay a large fine to the Senate or have his foot cut off (his choice). As well, these punishments were not affected by whether or not the woman in question was betrothed. The Code also caused Eleanor of Arborea to be remembered as one of the first lawmakers to set up the condition of reciprocity when dealing with foreigners, as well as the crime of misfeasance.

Insolvency Act, Part XVII A liquidator may challenge transactions entered into in the twilight period prior to insolvency where such transactions constitute either an unfair preference, undervalue transaction, voidable floating charge or extortionate credit transaction.Insolvency Act, Part VII A liquidator can also pursue former directors (including shadow or de facto directors) and officers of the company for either misfeasance or insolvent trading.Insolvency Act, Part VIII The Insolvency Act also regulates receiverships, including administrative receiverships. Under British Virgin Islands law it is possible to appoint an administrative receiver pursuant to a floating charge over all or substantially all of a company's assets and undertaking.

Kublai Khan continued Ögedei's regulations somehow, however, both Güyük and Möngke restricted the autonomy of the appanages before. Ghazan also prohibited any misfeasance of appanage holders in Ilkhanate and Yuan councillor Temuder restricted Mongol nobles' excessive rights on the appanages in China and Mongolia.Cambridge History of China Kublai's successor and Khagan Temür abolished imperial son-in-law Goryeo King Chungnyeol's 358 departments which caused financial pressures to the Korean people,Chongson, The history of Gaoli whose country was under the control of the Mongols.Herbert Franke, Denis Twitchett, The Cambridge History of China: Volume 6, "Alien Regimes and Border States", p.

Mr Ashby was prevented from voting at an election by the misfeasance of a constable, Mr White, on the apparent pretext that he was not a settled inhabitant. At the time, the case attracted considerable national interest, and debates in Parliament. It was later known as the Aylesbury election case. In the House of Lords, it attracted the interest of Peter King, 1st Baron King who spoke and maintained the right of electors to have a remedy at common law for denial of their votes, against Tory insistence on the privileges of the House of Commons.

Two commissioners were appointed in October 1274, for each group of counties, undertaking their survey from November 1274 to March 1275. Juries for each hundred were ordered to appear before the commissioners on set dates (the names of the jurors are recorded on the rolls) answering a series of fifty questions and providing them with an opportunity to complain or otherwise highlight to the commissioners examples of misfeasance in franchises, taxes and misuse of Royal warrants among other things.Administrative and biographical background detail to the Hundred Rolls at the NationalArchives.gov.uk However jurors were, on occasions, unable to answer every aspect of the commissioners' inquiry.

Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, that affects the performance of official duties. Malfeasance in office is often grounds for a just cause removal of an elected official by statute or recall election. Malfeasance in office contrasts with "misfeasance in office", which is the commission of a lawful act, done in an official capacity, that improperly causes harm; and "nonfeasance in office," which is the failure to perform an official duty. An exact definition of malfeasance in office is difficult: many highly regarded secondary sources (such as books and commentaries) compete over its established elements based on reported cases.

Misfeasance in public office is a cause of action in the civil courts of England and Wales and certain Commonwealth countries. It is an action against the holder of a public office, alleging in essence that the office-holder has misused or abused their power. The tort can be traced back to 1703 when Chief Justice Sir John Holt decided that a landowner could sue a police constable who deprived him of his right to vote (Ashby v White). The tort was revived in 1985 when it was used so that French turkey producers could sue the Ministry of Agriculture over a dispute that harmed their sales.

If she did not agree to marry him, he had to give her a dowry that suited her social status, so that she could marry someone else, and he still had to either pay a large fine to the Senate or have his foot cut off (his choice). As well, these punishments were not affected by whether or not the woman in question was betrothed. The Code also led Eleanor to be remembered as one of the first lawmakers to set up the condition of reciprocity when dealing with foreigners, as well as the crime of misfeasance. Eleanor died of plague in 1404, and Arborea slowly fell into decline due to her death.

On the recommendation of the Lord Deputy, William Fitzwilliam, White was appointed Master of the Rolls in Ireland on 14 July 1572. Despite these marks of royal favour, White was viewed by fellow privy councillors in Ireland as suspiciously partisan and often took independent positions in opposition to the dominant English-born faction on the council. Sir Henry Sidney distrusted him as a client of the Earl of Ormonde, and he was suspended from office for alleged misfeasance from August to September 1578: these charges arose from his opposition to the cess, the bitterly unpopular tax for the upkeep of military garrisons which Sidney imposed on the gentlemen of the Pale.Ball p.

In 1926, Pro Juventute started – supported by the federal authorities and official institutions – systematically taking children away from Yenish families living in Switzerland and placing them in foster homes, psychiatric hospitals and even prisons. This so-called "re-education" had the goal of establishing Yenish families, and particularly the next generation, in a 'sedentary' lifestyle. After 47 years of those unremitting activities, the affected people obtained in 1973, with the support of the media, an end to these practices. As the legal basis of the forced separation of families and children served the Swiss Civil Code (Zivilgesetzbuch) of 1912, by – at misfeasance behavior of parents, permanent risk or, more generally, neglect – the guardianship authorities were empowered, parents to take away the custody of their children.

Coincidence cannot explain why files from five departments cannot be located...'Rowan v Cornwall & Ors (No.5) No. SCCIV-90-1481 2002 SASC 160 (21 June 2002), Australasian Legal Information Institute, accessed 2009-06-01 In this and subsequent court hearings (all the parties appealed) Rowan, who had no legal training, mostly represented herself against four legal teams - including QCs, senior and junior barristers, briefing solicitors and other supporting legal staff. According to Rowan the case set legal precedents in the Westminster System in that citizens can now challenge parliamentary privilege via the 'tort of misfeasance' - abuse of public office.The Amazing Dawn Rowan Saga, Rowland Croucher, Originally written in 2004, last updated in 2007 An appeal in 2004 upheld the finding in Rowan's favour.

They made an audiotape, which they played for Koresh, and which seemed to convince him. However, the FBI waited only three days before beginning the assault, instead of an estimated two weeks for Koresh to complete a manuscript sparked by this alternative interpretation, and then come out peacefully. An article by Stuart A. Wright published in Nova Religio discussed how the FBI mishandled the siege, stating that "there is no greater example of misfeasance than the failure of the Federal Bureau of Investigation (FBI) to bring about a bloodless resolution to the 51-day standoff." Some of Wright's major concerns about the operation include that the FBI officials, especially Dick Rogers, behaved increasingly aggressively and impatiently when the conflict could have been resolved by more peaceful negotiation.

Freeman-Maloy argued that, on the contrary, such a thing was not plain and obvious, and that his suit against Marsden was therefore sufficiently serious that it should be permitted in court of law. An April 14, 2005 decision at the Superior Court found that Marsden was correct, as it was "plain and obvious" that her office as President of York University did not constitute a public office. On March 31, 2006, however, the Court of Appeal for Ontario overruled that decision, finding that because the matter of whether Marsden did indeed hold such an office was not "plain and obvious", the question of misfeasance in public office was more properly addressed at trial. The Supreme Court of Canada denied leave to appeal on September 14, 2006.

On September 21, 2009, Canadian Abousfian Abdelrazik sued Cannon for $3-million alleging misfeasance in public office, intentional infliction of mental suffering, and violation of Abdelrazik's constitutional rights under ss. 6, 7 and 12 of the Canadian Charter of Rights and Freedoms, resulting from Canada's refusal to grant him travel documents to return home, his alleged torture while in detention in Sudan, and his interrogation in Sudan by Canadian Security Intelligence Service (CSIS) agents while in Sudanese custody. Statement of Claim of BdelrazikPaul Koring, "Abdelrazik sues Ottawa for $27-million," The Globe and Mail Thursday, September 24, 2009 12:00 am EDT. On August 30, 2010, the Federal Court refused a motion by Canadian government lawyers seeking to prevent the suit against Cannon from proceeding.

In 2005 Detremmerie's fortunes went into sharp reverse, which was reflected by various allegations of misfeasance which he himself has always contested. The driving issue involved his local football club, Royal Excelsior Mouscron, of which for many years Detremmerie was the president. In 2004–05 Mouscron reached fifth position in the premier league rankings, and in 2006 the club celebrated its tenth year in the Belgian premier league. By that time it had become apparent that the club had been overspending, however, and was badly overburdened by debt: although it remained a premier league club till the end, for the rest of the decade it sat resolutely in the bottom half of the league, with a corresponding decline in ticket sales.

Colorado law had no requirement that evidence be preserved, and shields liability to authorities who destroy evidence after criminal trials are complete. Partially as a result of this case, Colorado lawmakers passed H.B. 1397, which requires the preservation of all evidence that may contain DNA that is collected in cases resulting in a conviction for a Class 1 felony or a sex offense. The evidence must be preserved for the life of the defendant, after which the evidence may be destroyed. If charges have not been filed, DNA evidence must be preserved for the length of the investigation.HOUSE BILL 08-1397 Session Laws of Colorado 2008 Second Regular Session, 66th General Assembly. In June 2008, after a six- month review of the case, Weld County District Attorney Ken Buck ascertained misfeasance, but not malfeasance.

Black-who felt humiliated by this episode-sued Chrétien for what he alleged to be an abuse of power, leading to the legal case of Black v. Chrétien. In 2001, the court ruled in favor of Chrétien, stating it was the prime minister's prerogative to advise the Queen not to raise Canadians to the British peerage if he felt so inclined, and thereforth this was not an abuse of power as Black had claimed.Black v Chrétien: suing a Minister of the Crown for abuse of power, misfeasance in public office and negligence In 1999, Chrétien decided to follow up his victory in Reference Re Secession of Quebec in 1998 by passing the Clarity Act. Jean Pelletier recalled in an interview about the genesis of the Clarity Act: > The Clarity Act was Jean Chrétien's idea.

Hilmi İşgüzar joined Nation Party (MP) led by Osman Bölükbaşı and elected in the 1965 general election into the parliament representing Sinop Province. In the 1977 general election , he entered the parliament as deputy of Sinop Province from Justice Party (AP). In December 1977, he left Justice Party along with eleven party members to enter the coalition cabinet of Bülent Ecevit as Minister of Social Security on January 5, 1978. Following allegations of corruption and a motion of no confidence against him accepted in the parliament, he resigned on June 7, 1979. After the 1980 Turkish coup d'état, he was accused of damaging the state social security corporations Sosyal Sigortalar Kurumu and Bağkur through corruption in office by nepotism, fraud, bestowing privilege, influence peddling, misfeasance and affording advantage.

In 1936, the Florida Legislature, led by Governor Sholtz (who was a local political opponent of Armstrong), launched a state investigation into what was believed to be fiscal mismanagement of city, state and federal funds. The Daytona Beach city charter called for the dismissal, by the governor, of all officials responsible for the exceeding the budget. Assuming that they were going to be removed from office Daytona Beach Mayor Armstrong and two commissioners, George T. Robinson and R.W. Carswell resigned from their offices on December 10, 1936. Both Armstrong and Robinson appointed their wives to fill their office vacancies. On December 30, 1936, Governor Sholtz ordered Mayor Irene Armstrong (Edward H. Armstrong’s wife), three city commissioners, the city clerk and the city manager from their offices, holding them responsible for budget issues and poor judgement related to city affairs (misfeasance and incompetence).

The Queen nevertheless chose to comply with Chrétien's advice. Black then sued Prime Minister Chrétien for abuse of power, misfeasance in public office and negligence, and the Canadian Government for negligent misrepresentation. He requested the Ontario Court of Appeals to make three declarations, namely: that the Canadian Government had no right to advise the Queen on the conferral of a peerage on a dual citizen (which Black became), that the Prime Minister abused his power by requesting the Queen not to grant the peerage, and that the Government of Canada negligently misrepresented to him that, if he became a dual citizen and refrained from using his title in Canada, he could receive the peerage. At the heart of the issue was the "honours prerogative," that is, the right of the Crown to grant dignities to its subjects.

Re Oasis Merchandising Services Ltd [1995] 2 BCLC 493 One limitation of the unlawful trading provisions is that the cause of action vests solely in the liquidator or administrator, as a matter of statute, unlike for a misfeasance proceeding. While both kinds of action can be pursued concurrently,Re Purpoint Ltd [1991] BCLC 491 a fraudulent or wrongful trading case may not be assigned to a third party. In Re Oasis Merchandising Services Ltd[1995] 2 BCLC 493 the company's former directors sought to challenge a wrongful trading claim because the liquidator had sold the right to sue them to a specialist litigation firm, London Wall Claims. The Court of Appeal held that such an assignment contravened the old common law prohibition on champertous causes, or ones which involve a party in litigation for payment when they have no interest.

A tort is an action taken by a party who claims to have been wronged, to recover the damages sustained from the party who did the alleged wrongdoing. The tort of misfeasance in public office is based in the idea that those who hold public office and exercise public functions are subject to the law and must not abuse their powers to the detriment of the ordinary citizen. In this matter's hearing before two courts, a preliminary question was at issue: is it reasonable to think that the Office of the President of a University might be a public office within the meaning of this particular tort? This question was based in Marsden's allegation that, because it is plain and obvious that her office as President could not be such a public office, Freeman-Maloy's action should be dismissed on its face.

In 2010, he represented politician Jose Coye in an unsuccessful malicious prosecution lawsuit against businessman Alfred Schakron. In 2011, Kaseke defended American investor Allen Saum against charges of tampering with a legal document in a dispute with two local business partners, one of them Kimano Barrow (the nephew of PM Dean Barrow). Later that year he represented the Football Federation of Belize in its judicial review application against Minister of Sports John Saldivar, who was attempting to decertify it and ban it from using National Sports Council facilities under the Sports Act (Cap. 46). He appeared before the Caribbean Court of Justice in the first Belizean case it heard, unsuccessfully arguing that the government of Belize should not be permitted to bring an action for misfeasance against his clients Florencio Marin and Jose Coye regarding alleged wrongful sales of government land.

Their action against the government alleged that the Secretary of State for Transport at the time – Stephen Byers MP – had, by deciding to cut off funding for Railtrack and asking the High Court to put the company into railway administration, committed the common law tort of misfeasance in public office. It is believed that there was £532 million available to Railtrack comprising £370 million in the bankHSBC sued over freeze on £370m in account The Independent, 9 October 2001 and £162 million of an existing Department of Transport loan facility still available to be drawn down, but Stephen Byers MP cancelled this facility, causing shareholders to believe that he had broken the loan agreement.Fresh Railtrack attack on Byers Scotsman, 15 November 2001 This was the largest class action ever conducted in the English courts – there were 49,500 claimants, all small shareholders in Railtrack.

Anderson served as Chairman of the Victorian Bar Council in 1966–1967, and on 29 April 1969 he was appointed to the Supreme Court of Victoria. He became a figure of controversy in 1971 when the Victorian Parliament passed the second Evidence (Boards and Commissions) Act. This Act amended the Evidence Act, 1958 to grant retrospective immunity from suit to persons who had been associated with a Royal Commission or a Board of Inquiry, equivalent to the immunity of those associated with an action in the Supreme Court. In his autobiography Fossil in the Sandstone, Anderson quipped that this legislation was known informally as the 'Anderson Protection Act' because its immediate effect was to protect him and his assisting counsel Gordon Just from writs issued in the Supreme Court on 28 April 1970 that charged them with misfeasance, breach of duty and recklessnessGarrison, O.V. (1974) The Hidden Story of Scientology.

The Official Liquidators are officers appointed by the Central Government and are attached to various High Courts. The Official Liquidators are under the administrative charge of the respective Regional Directors, who supervise their functioning on behalf of the Ministry. The Official Liquidator is responsible for winding up of the companies that are ordered to be wound up by the Hon'ble High Court under several grounds, the most common being the inability to pay its debts. The winding up process includes taking possession of the assets of a company ordered to be wound up, bringing the assets of the company to sale via public auction, recovery of debts due to the company, invitation of claims against the company from the creditors, settlement of claims so received, distribution of funds to the creditors and contributories, prosecution of directors of the company in the event of misfeasance and eventual dissolution of the company.

Mr Holland set up several composite companies that paid salaries and dividends to its contractors as if they were employees and nonvoting shareholders, so as to reduce the amount of tax they paid, but not load them with the administrative burdens if they set up themselves as companies. However the tax scheme failed because the result of the share structure was that Holland was in control of them and they were associated for tax purposes, each was liable for high corporation tax and the companies went insolvent. Holland was the director of another company which itself was the director of those companies, and the Revenue was the sole remaining creditor. It claimed Holland was liable under Insolvency Act 1986 section 212 to account for dividends as they were misapplied or Holland was guilty of misfeasance or breach of fiduciary duty, and for that Holland needed to be treated as a de facto director.

Jonathan Parker LJ said that any equitable charge was a matter for trial and there was no sufficient proximity between administrators and unsecured creditors. The duty of an administrator is owed to the company, and no special duty was assumed. So under neither of the leading tort cases, Caparo v Dickman nor Henderson v Merrett, would the position differ. This was analogous to the company law case on directors' duties, Peskin v Anderson[2001] BCC 874 where Mummery LJ said that fiduciary duties are owed exclusively by directors to the company, and not to shareholders individually. Outside duties can arise, but ‘are dependent on establishing a special factual relationship between the directors and the shareholders in the particular case.’ He also noted Insolvency Act 1986, section 212, allowing the court to compel an administrator to repay money as the court thinks just, or contribute sums to the company’s assets for misfeasance, or beach of fiduciary duty or other duty as the court thinks just.

In the British Virgin Islands a company has separate legal personality from its members (unlike, for example, a partnership registered under the Partnership Act, 1996). The liability of the members of a company is limited to their shares or the amount of their guarantee.BVI Business Companies Act, section 80 Similarly, directors or officers of a company are not normally liable for the company's debts except insofar as they may otherwise be liable for their own conduct or actions.BVI Business Companies Act, section 30 The primary circumstances where liability may be imposed upon directors in relation to their acts as directors are (1) where the company has no members, (2) where a person acts as a director despite being disqualified, (3) where the director authorises payment of an unlawful distribution which cannot be recovered, (4) where the director is guilty of trading whilst insolvent, misfeasance or fraudulent trading, or (5) where the director undertakes personal responsibility or liability for certain actions.

A simplified diagram of the Barbados government Barbados' constitution gives the country a similar parliamentary system of government to the other Commonwealth realms, wherein the role of the monarch and governor-general is both legal and practical, but not political. The Crown is regarded as a corporation, in which several parts share the authority of the whole, with the sovereign as the person at the centre of the constitutional construct,Cox, Noel; Murdoch University Electronic Journal of Law: Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence; Volume 9, Number 3 (September 2002) meaning all powers of state are constitutionally reposed in the monarch. The constitution requires most of the Queen's domestic duties to be performed by the governor-general, appointed by the monarch on the advice of the Prime Minister of Barbados. All institutions of government are said to act under the sovereign's authority; the vast powers that belong to the Crown are collectively known as the Royal Prerogative.