Legal Definitions - nonfeasance

Nonfeasance refers to the failure to perform an act that one has a legal duty or obligation to carry out. It is an omission, meaning a situation where someone does not do something they were required to do, rather than doing something incorrectly (which would be misfeasance) or doing something wrongful (which would be malfeasance).

Essentially, nonfeasance occurs when there is a duty to act, and that duty is completely neglected.

• Example 1: Contractual Obligation
  A landscaping company signs a contract with a homeowner to design and install a new garden, with a specific start date agreed upon. However, the company never shows up to begin the work, nor do they communicate any delay. The homeowner's garden remains untouched.

  Explanation: The landscaping company had a clear contractual duty to commence the garden installation. Their complete failure to start the project, despite the agreement, constitutes nonfeasance. This omission could lead to a claim for breach of contract.

• Example 2: Public Safety Duty
  A city's public works department is responsible for inspecting and maintaining all public playgrounds to ensure they are safe for children. Despite receiving multiple reports about a dangerously broken swing set at a local park, the department fails to send anyone to inspect or repair it for several months. A child is subsequently injured while using the faulty swing.

  Explanation: The public works department had a duty to maintain safe public facilities. Their omission to inspect and repair the known hazard, leading to injury, is an instance of nonfeasance.

• Example 3: Professional Fiduciary Duty
  An attorney is hired to file a lawsuit on behalf of a client. The attorney has a professional and legal duty to file the necessary paperwork within a specific statute of limitations (a deadline imposed by law). If the attorney completely fails to file the lawsuit before this deadline, causing the client to lose their right to sue, this is nonfeasance.

  Explanation: The attorney had a clear professional duty to file the lawsuit by the deadline. Their complete failure to perform this critical action, resulting in harm to the client, is an example of nonfeasance.