Question
this question is regarding Tort Law: Misfeasance in Public Office. Fiji (pacific) jurisdiction TPWC is a developer of off-shore wind power projects. One of TPWC's
this question is regarding Tort Law: Misfeasance in Public Office. Fiji (pacific) jurisdiction
TPWC is a developer of off-shore wind power projects. One of TPWC's projects was cancelled by the Province of Pacifica ("Province") during a provincial election campaign. TPWC informs you, their lawyer, that the Province's decision to cancel the wind power project was taken in bad faith as it was specifically intended to injure TPWC by crippling its financial capacity. TPWC wants to know if it can argue in court that 'misfeasance in public office' has occurred. You are the legal advisor for TPWC. (a) In your own words, explain what 'misfeasance in public office' means. (b) What elements need to be met in order for an action/order of a public office to qualify as 'misfeasance in public office'? (c) Advise TPWC whether it may successfully claim for misfeasance in public office.
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