Nonfeasance

Nonfeasance is a legal term referring to the failure to act when there is a duty to do so. It describes an omission rather than an act and is often discussed in tort and criminal law to distinguish it from other forms of wrongdoing such as misfeasance (negligent performance of an act) and malfeasance (illegal or wrongful act).

In tort law, liability for nonfeasance typically requires the existence of a duty to act, a breach of that duty by omitting to act, and a causal link showing that the omission caused harm or loss. A key limitation is that there is usually no general duty to rescue or intervene; liability arises mainly when a special relationship exists (for example, between a parent and child, a caregiver and dependent, or a professional and client), a contract imposes an obligation, or the actor has created a dangerous situation and thus assumes responsibility for controlling it. Statutory duties can also impose a legal obligation to act.

Nonfeasance is commonly contrasted with misfeasance, where an act is performed but care is negligent, and malfeasance, where an act is illegal or wrongful in itself. In criminal law, omissions can be punishable only where a statutory duty to act exists or where there is a recognized duty arising from a relationship or created risk.

Examples include a caretaker failing to provide necessary care, a professional with a duty of care neglecting to treat a patient, or an agency failing to meet a statutory reporting requirement. The concept emphasizes that legal responsibility can attach to what a person does not do, not only to what they do.