What does the term 'nonfeasance' refer to in a legal context?

Nonfeasance, in a legal context, refers specifically to the failure to act when action is required. This term is often used in tort law to address situations where a person has a legal duty to take action but fails to do so. For example, if a lifeguard does not attempt to save someone who is drowning, even though they have the duty and ability to do so, this would be considered nonfeasance.

The emphasis on failing to act distinguishes nonfeasance from other forms of negligence or misconduct, such as malfeasance, which involves performing an unlawful act, or misfeasance, where a lawful act is carried out improperly. In other words, nonfeasance highlights a lack of action that should have occurred, leading to potential harm or damage, whereas the other terms refer to wrongful actions in varying degrees. Understanding nonfeasance is critical for evaluating cases where inaction could lead to liability.