Types of Torts and Theft

Language and subject note:

The terms malfeasance, misfeasance, and nonfeasance come from Anglo-Norman and came into the English common law of tort from old French law.

1. Malfeasance means doing something wrong or illegal.

2. Misfeasance means doing something which is legal but in an appropriate way.

3. Nonfeasance means failing to do something that is a legal requirement or professional obligation.

These terms are often used when referring to people acting in a public capacity. An example of malfeasance is where a member of parliament employs someone to look after her children and then knowingly pays her from the secretarial allowance that all Members of Parliament are entitled to.

If the person whom the MP employs to look after the children also does some secretarial work and the MP does not know that paying her out of her secretarial allowance is in breach of parliamentary rules, then this is misfeasance.

If an MP finds out that a parliamentary colleague is paying for a nunny out of her secretarial allowance and then fails to report this breach of rules to the parliamentary select committee, then this is nonfeasance.

4. Assault is an act which intentionally causes another person to expect that unlawful force will be used.

5. Battery is the actual infliction of unlawful force on another person.

6. False imprisonment is unlawfully constraining someone against their will in a particular place.

7. Slander - false and defamatory spoken words tending to harm another’s reputation, business, or means of livelihood. Slander is spoken defamation, “libel” is published.

8. Consent - permission or agreement to do something.

9. Infliction - the cause of harm to another person.

10. To constrain - to control or limit a person's movement.

Theft

There are many kinds of theft. You can rob a person with the help of a gun (robbery) or with a pen (fraud). The implication is that one kind is open and clear, the other is hidden. Both educated and uneducated people can be thieves. It is just that they steal different things. The thefts of a rich person can be much bigger and, perhaps, not seen as theft by society.

Thef is not the same as burglary which is only a small part of theft. Theft is not just about (stealing) taking property. It (involves) concerns many other related activities.

So what is theft?

Section 1 (1) of the Theft Act 1968 creates the offence of theft, stating that:

'A person is guilty of theft if he dishonestly appropriates (keeps) property (items) belonging to another with the intention of permanently depriving the other of it (keeping it from the other)'.

The components (elements) of theft are: a. The actus reus (the guity deed) of the (offence) crime. This states that the defendant:

1. takes
2. one or more items
3. owned by another person.

b. The mens rea (the guity mind) which consists of the defendant (accused) acting (behaving):

1. dishonestly, and
2. meaning to keep the item forever.

A possible defence against a charge of theft is that you (did not know) were not aware the property belonged to another party, or that you intended to (return) give back the property.

Language Note

to rob and to steal are near synonyms, but they are used for different things

• you rob a person or a place, but
• you steal a thing, or money.

People sometimes confuse robbery and burglary

• you rob a bank, but
•  you burgle a house.

Synonyms:

1. property - items
2. belonging to - owned by
3. with the intention of - meaning to
4. permanently - forever
5. to appropriate - to take