Non Feasance Law and Legal Definition

Non feasance is the failure to perform a legal duty. In contract non feasance is a total omission to perform a contract. In tort the term non feasance is used to describe an inaction that results in harm to a person or property.

An act of nonfeasance can result in liability when:

(1)the actor owed a duty of care towards the injured person;

(2)the actor failed to act on that duty; and;

(3)the failure to act resulted in injury.

The term non feasance is to be distinguished from mis feasance and mal feasance. Mis feasance is the improper doing of a lawful act. Mal feasance is the doing of an act not ought to be done by the person doing it.