Nonfeasance
Definition
Nonfeasance is the nonperformance of a duty or responsibility that one is required to fulfill by law. This can involve failing to act on a contractual obligation or neglecting a duty of care owed to another party. Nonfeasance is distinguished from misfeasance, which involves performing a duty improperly or inadequately, and malfeasance, which entails performing a duty in a way that causes intentional harm.
Examples
- Contractual Context: A contractor is legally obligated by contract to complete construction of a building by a certain date. If the contractor does not begin the work at all, this constitutes nonfeasance.
- Medical Context: A doctor who fails to prescribe necessary medication to a patient, resulting in the patient’s condition worsening, could be liable for nonfeasance.
- Public Duty: A government official who neglects a mandated duty, such as failing to enforce a safety regulation, could be found guilty of nonfeasance.
Frequently Asked Questions
Q1: What is the difference between nonfeasance and misfeasance?
Nonfeasance refers to the failure to perform a required duty, whereas misfeasance involves performing a duty inadequately or improperly.
Q2: Can nonfeasance lead to legal consequences?
Yes, nonfeasance can lead to civil liabilities and sometimes criminal charges, depending on the context and severity of the duty neglected.
Q3: How can one prove nonfeasance in a court of law?
To prove nonfeasance, one must show that there was a duty to perform an action, that the duty was not fulfilled, and that this failure caused damage or harm to another party.
- Misfeasance: The improper performance of an action or duty.
- Malfeasance: The intentional performance of an act leading to harm.
- Duty of Care: A legal obligation requiring adherence to a standard of reasonable care.
- Negligence: Failure to take appropriate care in doing something.
Online References
- Investopedia on Nonfeasance
- Wikipedia on Nonfeasance
Suggested Books for Further Studies
- The Law of Torts by John G. Fleming
- Business Law: Text and Cases by Kenneth W. Clarkson, Roger LeRoy Miller, and Frank B. Cross
- Principles of Tort Law by Marshall S. Shapo
Fundamentals of Nonfeasance: Legal Terms Basics Quiz
### What is nonfeasance?
- [x] The failure to perform a duty or obligation legally required.
- [ ] Performing a duty improperly or inadequately.
- [ ] The intentional performance of an act that causes harm.
- [ ] The performance of an extra duty not required legally.
> **Explanation:** Nonfeasance is the failure to perform a duty or obligation that is legally required. It is a form of negligence that can lead to civil or criminal liability.
### What distinguishes nonfeasance from misfeasance?
- [ ] Intention behind the action
- [ ] The severity of harm caused
- [x] Failure to act versus poor performance
- [ ] The type of duty involved
> **Explanation:** Nonfeasance is the failure to act or perform a required duty, whereas misfeasance involves the improper performance of an action or duty.
### Which of the following is an example of nonfeasance?
- [ ] Incorrectly filling a medication prescription
- [ ] Taking an action that intentionally harms someone
- [x] Failing to install required safety equipment
- [ ] Breaching company confidentiality
> **Explanation:** Failing to install required safety equipment is an example of nonfeasance, as it involves not performing a duty that was legally required.
### In which context might nonfeasance occur?
- [ ] Criminal law violations
- [ ] Financial audits
- [x] Medical practice
- [ ] Real estate transactions
> **Explanation:** Nonfeasance can occur in many contexts including medical practice, where healthcare providers might fail to perform their duties properly.
### What must be proven to establish a case of nonfeasance?
- [x] A duty was not performed and this failure caused harm.
- [ ] An action was performed poorly causing harm.
- [ ] Harmful intent in an action performed.
- [ ] Monetary gain from harm caused.
> **Explanation:** To establish a case of nonfeasance, one must show the existence of a duty, the failure to perform that duty, and that this failure caused harm.
### Can nonfeasance lead to criminal charges?
- [ ] No, it can only lead to civil charges.
- [x] Yes, in some cases depending on the severity of neglect.
- [ ] Only if it causes financial damage.
- [ ] Only when it involves breach of confidentiality.
> **Explanation:** Nonfeasance can sometimes lead to criminal charges, particularly in severe cases or where the neglect has caused significant harm.
### Which term refers to the improper performance of a duty?
- [ ] Nonfeasance
- [x] Misfeasance
- [ ] Malfeasance
- [ ] Negligence
> **Explanation:** Misfeasance refers to the improper performance of a duty or action, while nonfeasance refers to a failure to perform a duty.
### What kind of responsibility might involve nonfeasance?
- [ ] Personal
- [ ] Academic
- [x] Legal
- [ ] Voluntary
> **Explanation:** Nonfeasance involves failing to perform a legal responsibility or duty that one is bound to by law.
### Which field extensively deals with concepts like nonfeasance?
- [ ] Marketing
- [x] Law
- [ ] Agriculture
- [ ] Art
> **Explanation:** Legal concepts such as nonfeasance are extensively dealt with in the field of law.
### Nonfeasance most commonly leads to what type of legal action?
- [ ] Punitive damages
- [x] Civil litigation
- [ ] Arbitration
- [ ] International law disputes
> **Explanation:** Nonfeasance most commonly results in civil litigation, where the aggrieved party seeks compensation for harm caused by the failure to perform a legal duty.
Thank you for exploring the term “nonfeasance” and its implications within the legal domain. Your dedication to understanding legal responsibilities and implications is commendable!
