What Is Nonfeasance?

Nonfeasance is a term used in both legal and ethical contexts to describe a failure to act when action is required, resulting in harm or damage.

It refers to an omission, where an individual or entity does not perform an act that they are obligated to perform, either by law or as part of a duty.

Nonfeasance Explained

This concept is particularly relevant in cases involving a duty of care, where the failure to act according to that duty leads to harm or injury. Nonfeasance differs from misfeasance and malfeasance, which involve improper actions or wrongful actions, respectively.

In legal terms, proving nonfeasance typically requires establishing that the defendant had a duty to the plaintiff, the defendant failed to fulfill that duty, and the plaintiff suffered harm as a direct result of that failure.

The Term Nonfeasance in Different Legal Contexts

Tort Law: Nonfeasance is often discussed in negligence cases, where an individual's failure to act results in harm to another person.

Contract Law: Involves situations where one party fails to perform a contractual obligation, leading to damages for the other party.

Common Misconceptions About the Meaning of Nonfeasance

A common misconception about nonfeasance is that it always requires some form of pre-existing relationship or contract for legal liability to arise.

While many cases of nonfeasance involve specific duties outlined by law or contract, certain situations, such as specific rescue scenarios, might impose a duty to act even in the absence of a pre-existing relationship, depending on jurisdictional laws.

Share

Recommendations

Drew Davis Van De Grift

Contracts and Agreements Lawyer Serving at Birmingham - Michigan

1895 Bradford Rd, Michigan, 48009-7253
  • Thomas M. Cooley
  • Contracts and Agreements, Freedom of Information Act, Government Contracts, Employment and Labor, State, Local And Municipal Law, Government and Tax
  • Birmingham, Michigan Contracts and Agreements Lawyer

0 reviews

Lawyer Serving at Birmingham - Michigan

1895 Bradford Rd, Michigan, 48009-7253

Paul J. Carrier

Contracts and Agreements Lawyer Serving at Brighton - Michigan

224 N 1st St, Michigan, 48116-1205
  • Contracts and Agreements and International Law
  • Brighton, Michigan Contracts and Agreements Lawyer

0 reviews

Lawyer Serving at Brighton - Michigan

224 N 1st St, Michigan, 48116-1205

Mustapha Nabil Hawily

Business Lawyer Serving at Dearborn - Michigan

23756 Michigan Ave Ste 300, Michigan, 48124-1853
  • University of Detroit Mercy School of Law
  • Business, Criminal Defense, Family, Immigration and Personal Injury
  • Dearborn, Michigan Business Lawyer

0 reviews

Lawyer Serving at Dearborn - Michigan

23756 Michigan Ave Ste 300, Michigan, 48124-1853

Christopher J. Johnson

Civil Rights Lawyer Serving at Ann Arbor - Michigan

1675 Green Rd, Michigan, 48105-2530
  • Michigan State University College of Law
  • Civil Rights, Freedom of Information Act, Government Contracts, Insurance, State, Local And Municipal Law, Government and Police Misconduct
  • Ann Arbor, Michigan Civil Rights Lawyer

0 reviews

Lawyer Serving at Ann Arbor - Michigan

1675 Green Rd, Michigan, 48105-2530

Jessamyne Marie Kalabat

Commercial Lawyer Serving at Farmington Hills - Michigan

31440 Northwestern Hwy Ste 145, Michigan, 48334-5420
  • University of Detroit Mercy School of Law
  • Commercial, Contracts and Agreements, Environmental and Natural Resources, Litigation, Probate and Real Estate
  • Farmington Hills, Michigan Commercial Lawyer

0 reviews

Lawyer Serving at Farmington Hills - Michigan

31440 Northwestern Hwy Ste 145, Michigan, 48334-5420

Sean Christopher Etheridge

Business Lawyer Serving at Ann Arbor - Michigan

789 N Dixboro Rd, Michigan, 48105-9723
  • Business, Commercial, Contracts and Agreements, Health Care, Licensing and Securities Offerings
  • Ann Arbor, Michigan Business Lawyer

0 reviews

Lawyer Serving at Ann Arbor - Michigan

789 N Dixboro Rd, Michigan, 48105-9723

Lynda D. McGhee

Juvenile Lawyer Serving at Hamtramck - Michigan

2933 Caniff St Unit 12250, Michigan, 48212-4712
  • Juvenile and Probate
  • Hamtramck, Michigan Juvenile Lawyer

0 reviews

Lawyer Serving at Hamtramck - Michigan

2933 Caniff St Unit 12250, Michigan, 48212-4712

Damir Junicic

Workers Compensation Law Lawyer Serving at Los Angeles - California

Law Office of Damir Junicic, 10880 Wilshire Blvd Ste 1101, California, 90024-4112
  • Workers Compensation Law
  • Los Angeles, California Workers Compensation Law Lawyer
Free Consultation +13107535155

0 reviews

Lawyer Serving at Los Angeles - California

Law Office of Damir Junicic, 10880 Wilshire Blvd Ste 1101, California, 90024-4112
Free Consultation +13107535155

Nicholas Joseph Schroeck

Environmental and Natural Resources Lawyer Serving at Detroit - Michigan

651 E Jefferson Ave, Michigan, 48226-4349
  • Wayne State University School of Law
  • Environmental and Natural Resources
  • Detroit, Michigan Environmental and Natural Resources Lawyer

0 reviews

Lawyer Serving at Detroit - Michigan

651 E Jefferson Ave, Michigan, 48226-4349

David S. Nows

Business Lawyer Serving at Mount Pleasant - Michigan

164 Grawn Hall, Michigan, 48859-0001
  • University of Pennsylvania Law School
  • Business, Contracts and Agreements, Immigration, Mergers and Acquisitions, Divestitures, Public Finance and Tax Exempt Finance, Securities Offerings, Sports and Tax
  • Mount Pleasant, Michigan Business Lawyer

0 reviews

Lawyer Serving at Mount Pleasant - Michigan

164 Grawn Hall, Michigan, 48859-0001