Nonfeasance refers to the failure to perform an expected or required action that results in a breach of duty or responsibility. It is a legal term commonly used in civil and administrative laws. Nonfeasance occurs when an individual or entity neglects or omits to fulfill an obligation, duty, or contractual stipulation, thereby causing harm or damage to another party.
In legal contexts, nonfeasance is distinct from misfeasance and malfeasance. While misfeasance refers to an improper performance or execution of a lawful act, and malfeasance refers to the intentional commission of an unlawful act, nonfeasance pertains to the neglect or deliberate inaction when action is expected.
Nonfeasance may arise in various situations, such as in professional or employment relationships, contractual agreements, or legal obligations. For instance, a doctor failing to administer the necessary treatment to a patient, a company neglecting to provide adequate safety measures for its employees, or a government agency neglecting to enforce regulations can all be considered nonfeasance.
The effects of nonfeasance can vary depending on the circumstance, but they generally involve legal consequences and potential liability for the party responsible. In cases of nonfeasance, the injured party may have grounds to initiate legal action seeking compensatory damages, injunctions, or other appropriate remedies to address the harm caused by the failure to act.
