The expressions misfeasance and nonfeasance, and occasionally malfeasance, are used in English law with reference to the discharge of public obligations existing by common law, custom or statute. Definition and relevant rules of law Misfeasance's determined in relation to privity of contract. When a contract creates a duty that doesn't exist at common law, the parties can do one of three things: (1) perform the duty fully; (2) perform the duty inadequately or poorly; or (3) fail to perform the d… (More on Malfeasance)