NONFEASANCE

nonfeasance (non-feez-<<schwa>>nts), n. The failure to act when a duty to act existed. Cf. MALFEASANCE; MISFEASANCE; FEASANCE. [Cases: Municipal Corporations 735;

Negligence 200. C.J.S. Municipal Corporations §§ 668, 671–672, 682; Negligence §§ 5–13, 15–20, 33, 64.] — nonfeasant,adj. — nonfeasor,n.

“Hence there arose very early a difference, still deeply rooted in the law of negligence, between ‘misfeasance’ and ‘nonfeasance’ — that is to say, between active misconduct working positive injury to others and passive inaction or a failure to take steps to protect them from harm.” W. Page Keeton et al., Prosser and Keeton on the Law of Torts § 56, at 374 (5th ed. 1984).

[Blacks Law 8th]