Be Alert But Not Alarmed: Misfeasance In Public Office

Key Point

• Although government officers should be alert to the possibility of tort claims for misfeasance, good government decision-making should be business as usual.

Claims against government for the tort of misfeasance in public office appear to be on the rise. Usually, persons affected by government actions or decision-making will seek public law remedies. For example, where a person's interests are affected by a government decision that is made in excess of authority, the person might seek to have the decision set aside by a court. Where physical or economic harm has been caused by government actions or decisions, the injured person might seek compensation under a private law tort action. For example, where a government officer has exercised powers or functions negligently, the injured person might seek damages for the injury suffered.