Legal Definitions - negative act

A negative act, in legal terms, refers to a failure to perform an action when there was a legal duty or obligation to do so. Unlike a positive act, which involves actively doing something, a negative act is about an omission – not doing something that was required. This failure to act can have legal consequences if it results in harm, a breach of a contract, or a violation of a statutory duty.

• Example 1: A city bus driver is legally required to ensure all passengers are safely seated or holding on before driving away from a stop. One morning, the driver pulls away abruptly before an elderly passenger has fully sat down, causing the passenger to fall and sustain an injury.

  This illustrates a negative act because the driver failed to perform their duty of ensuring passenger safety before moving the vehicle. Their omission directly led to the passenger's injury.

• Example 2: A landlord has a clause in their lease agreement stating they are responsible for maintaining the structural integrity of the building, including regular roof inspections. Despite receiving multiple complaints from tenants about a persistent leak, the landlord fails to inspect or repair the roof. Eventually, a section of the ceiling collapses due to water damage, destroying a tenant's furniture.

  Here, the landlord's failure to inspect and repair the roof, despite their contractual obligation and awareness of the issue, constitutes a negative act. Their omission resulted in property damage to the tenant.

• Example 3: A certified lifeguard on duty at a public pool observes a swimmer struggling in the deep end but chooses to ignore the situation, continuing to scroll on their phone. The swimmer eventually goes underwater and requires resuscitation by another patron.

  The lifeguard's failure to intervene and perform their professional duty to rescue a struggling swimmer is a clear example of a negative act. Their omission put the swimmer's life at risk, despite their training and responsibility.