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Question

Regarding the liability of holders of public office, when an official fails to perform a legal duty, it is known as

The correct answer is
Nonfeasance

Defining Failure to Perform Legal Duty in Public Office

Understanding the specific terms related to the liability of public officials is crucial. The question focuses on the scenario where an official neglects a mandatory legal obligation.

Key Liability Terms for Public Officials

  • Malfeasance: Committing an act that is inherently wrongful or unlawful.
  • Nonfeasance: The failure to perform an act that one has a legal duty to perform. This directly matches the question's scenario.
  • Disfeasance: The termination or annulment of a right, duty, or legal act.
  • Misfeasance: Performing a lawful act, but in an illegal or improper manner.

Analysis of the Scenario

The question describes a situation where an official "fails to perform a legal duty". Based on the definitions:

  • Malfeasance involves doing something wrong, not failing to do something required.
  • Misfeasance involves doing something incorrectly, not failing to do it entirely.
  • Disfeasance relates to ending a duty, not neglecting it.
  • Nonfeasance specifically describes the omission or failure to act when legally required.

Therefore, when an official fails to perform a legal duty, it is termed Nonfeasance.

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Important Questions from Administrative Law

  1. Which of the following are the characteristics of Weber's bureaucracy ?
    1. Selection on the basis of professional qualifications
    2. Appointment on contract basis
    3. Staff members personally free
    4. Officials free to leave the post
    Select the correct answer from the codes given below :
  2. Which one of the following statements about the disadvantages of territorial principle of administrative organization is wrong ?
  3. Which one of the following was not a substitute of Merit System found earlier ?
  4. In UK, merit-based recruitment was adopted on the recommendation of which report ?
  5. Ombudsman in Sweden can take the following actions :
    1. Can act against the judiciary
    2. Can act on individual complaints
    3. Can act against members of Parliament
    4. Can act suo moto
    Choose the correct answer from the code below :
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