nonfeasance

/nonfiyzans/ Nonperformance of some act which person is obligated or has responsibility to perform; omission to perform a required duty at all; or, total neglect of duty. Desmarais v. Wachusett Regional School Dist., 360 Mass. 591, 276 N.E.2d 691, 693.
As respects public officials, "nonfeasance" is substantial failure to perform a required legal duty, while "misfeasance" is the doing in a wrongful manner that which the law authorizes or requires a public officer to do. Schumacher v. State ex rel. Furlong, 78 Nev. 167, 370 P.2d 209, 211.
There is a distinction between "nonfeasance" and "misfeasance" or "malfeasance"; and this distinction is often of great importance in determining an agent's liability to third persons. "Nonfeasance" means the total omission or failure of an agent to enter upon the performance of some distinct duty or undertaking which he has agreed with his principal to do; "misfeasance" means the improper doing of an act which the agent might lawfully do, or, in other words, it is the performing of his duty to his principal in such a manner as to infringe upon the rights and privileges of third persons; and "malfeasance" is a doing of an act which he ought not to do at all

Black's law dictionary. . 1990.

Look at other dictionaries:

  • nonfeasance — non·fea·sance /ˌnän fēz əns/ n [non + obsolete English feasance doing, execution, from Anglo French fesance, from Old French faisance act, from fais , stem of faire to do, from Latin facere]: the failure or omission to do something that should be …   Law dictionary

  • nonfeasance — non‧fea‧sance [nɒnˈfiːzns ǁ nɑːn ] noun [uncountable] LAW when someone does not do what they have to do by law compare malfeasance, misfeasance * * * nonfeasance UK US /ˌnɒnˈfiːzəns/ noun [U] LAW ► …   Financial and business terms

  • nonfeasance — (n.) also non feasance, failure to do what should be done, 1590s, from NON (Cf. non ) + FEASANCE (Cf. feasance) …   Etymology dictionary

  • nonfeasance — [nän΄fē′zəns] n. Law failure to do what duty requires to be done: distinguished from MALFEASANCE, MISFEASANCE …   English World dictionary

  • Nonfeasance — Failing to execute or perform an act or duty required by position/office or law that results in harm or damage to a person or property. The perpetrator can be found liable and subject to prosecution. For example, if a daycare provider is employed …   Investment dictionary

  • nonfeasance — noun Etymology: non + obsolete English feasance doing, execution Date: 1596 failure to act; especially failure to do what ought to be done …   New Collegiate Dictionary

  • nonfeasance — /non fee zeuhns/, n. Law. the omission of some act that ought to have been performed. Cf. malfeasance, misfeasance (def. 2). [1590 1600; NON + obs. feasance; see MALFEASANCE] * * * …   Universalium

  • nonfeasance — noun a) The intentional failure to perform an official duty or legal requirement. b) The lack of liability associated with the failure to act …   Wiktionary

  • nonfeasance — Synonyms and related words: Sisyphean labor, atrocity, bad policy, breach, crime, crime against humanity, culpa, culpable negligence, deadly sin, default, delinquency, dereliction, disconformity, disregard, endless task, enormity, error, evil,… …   Moby Thesaurus

  • nonfeasance — (Roget s Thesaurus II) noun Law. Nonperformance of what ought to be done: default, delinquency, dereliction, failure, neglect, omission. See DO …   English dictionary for students

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