Also found in: Dictionary, Thesaurus, Medical, Financial, Encyclopedia, Wikipedia.


The intentional failure to perform a required duty or obligation.

Nonfeasance is a term used in Tort Law to describe inaction that allows or results in harm to a person or to property. An act of nonfeasance can result in liability if (1) the actor owed a duty of care toward the injured person, (2) the actor failed to act on that duty, and (3) the failure to act resulted in injury.

Originally the failure to take affirmative steps to prevent harm did not create liability, and this rule was absolute. Over the years courts have recognized a number of situations in which a person who does not create a dangerous situation must nevertheless act to prevent harm.

Generally a person will not be held liable for a failure to act unless he or she had a preexisting relationship with the injured person. For example, if a bystander sees a stranger drowning and does not attempt a rescue, he cannot be liable for nonfeasance because he had no preexisting relationship with the drowning person. The bystander would not be liable for the drowning even if a rescue would have posed no risk to him.

However, if the victim is drowning in a public pool and the bystander is a lifeguard employed by the city, and if the lifeguard does not act to help, she may be held liable for the drowning because the lifeguard's employment places her in a relationship with swimmers in the pool. Because of this relationship, the lifeguard owes a duty to take affirmative steps to prevent harm to the swimmers.

Courts have found a preexisting relationship and a duty to act in various relationships, such as the relationship between Husband and Wife, innkeeper and guest, employer and employee, jailer and prisoner, carrier and passenger, Parent and Child, school and pupil, and host and guest. A person who renders aid or protection to a stranger also may be found liable if the rescuer does not act reasonably and leaves the stranger in a more dangerous position, even if the rescuer had nothing to do with the initial cause of the stranger's dilemma.

Courts have found a duty to act if a person does something innocuous that later poses a threat and then fails to act to prevent harm. For example, assume that Johnny loans a powerful circular saw to Bobby. If Johnny later remembers that the bolt securing the blade is loose and that the blade will dislodge in a dangerous manner when the saw is used, Johnny must try to warn Bobby. If Bobby is injured because Johnny failed to act, Johnny can be held liable for nonfeasance.

In theory nonfeasance is distinct from misfeasance and malfeasance. Malfeasance is any act that is illegal or wrongful. Misfeasance is an act that is legal but improperly performed. Nonfeasance, by contrast, is a failure to act that results in harm.

In practice the distinctions between the three terms are nebulous and difficult to apply. Courts in various jurisdictions have crafted different rules relating to the terms. The most difficult issue that faces courts is whether to imply a duty to act and find liability for the failure to act.

Originally courts used the term nonfeasance to describe a failure to act that did not give rise to liability for injuries. The meaning of the term reversed direction over time, and most courts now use it to describe inaction that creates liability.

Further readings

Kionka, Edward J. 1999. Torts in a Nutshell. 3d ed. St. Paul, Minn.: West Group.

Rowe, Jean Elting, and Theodore Silver. 1995. "The Jurisprudence of Action and Inaction in the Law of Tort: Solving the Puzzle of Nonfeasance and Misfeasance from the Fifteenth Through the Twentieth Centuries." Duquesne Law Review 33 (summer).


Good Samaritan Doctrine.


n. the failure of an agent (employee) to perform a task he/she has agreed to do for his/her principal (employer), as distinguished from "misfeasance" (performing poorly) or "malfeasance" (performing illegally or wrongly). (See: misfeasance, malfeasance)


noun delinquency, dereliction, disregard of duty, failure, inattention, indifference, laxity, misprision, neglect of duty, negligence, nonperformance, omission
See also: crime, delict, dereliction, dishonor, laches, laxity, misconduct, neglect, nonpayment, nonperformance, omission


a failure to act when under an obligation to do so.
References in periodicals archive ?
Baran and three city directors -- Jay Chesshir, Bill Edwards and Elijah Harris -- were indicted by a Garland County grand jury and charged with nonfeasance of office.
Furthermore, the alleged failure of the City to maintain the tree in question constitutes, at best, simple nonfeasance for which there can be no liability absent prior written notice of the condition.
the distinction between offenses involving nonfeasance and misfeasance was short-lived.
For persons not directly implicated in the scheme, issues of misfeasance, malfeasance or nonfeasance must certainly be raised.
This "peace process" has been tested daily for decades by the misfeasance, malfeasance and nonfeasance of the Palestinian Authority.
A "breach of fiduciary duty" refers to "any breach of a fiduciary or similar duty [owed to an issuer] under an applicable Federal or State statute or at common law, including but not limited to misfeasance, nonfeasance, abdication of duty, abuse of trust, and approval of unlawful transactions.
In the deliberate indifference cases, on the other hand, inmates suffer not as a consequence of statutorily imposed institutionalized cruelty but rather through the ad hoc nonfeasance of state officials.
In effect, this is an attempt to revitalize distinction between nonfeasance and malfeasance by means of a principled comparison with private duties of affirmative action.
The current MTA auction and subway extension schemes raise questions of failure of fiduciary responsibility, malfeasance, nonfeasance and/or incompetence on the part of the government officials involved.
Surely this is an act of negligence, nonfeasance or malfeasance?