Define: Nonfeasance

a failure to act when under an obligation to do so; a refusal (without sufficient excuse) to do that which it is your legal duty to do

Nonfeasance occurs when an individual has a legal duty which they fail to perform. Nonfeasance generally relates to a duty which is outlined in a contract, although people can also be held liable for nonfeasance if the court deems that it was reasonable to expect them to engage in an action.

Nonfeasance is a concept which is similar to malfeasance, which is an intentional act of wrongdoing, and misfeasance, which is an action or duty performed incorrectly. An example of nonfeasance could be the failure to repay a loan in a timely manner as indicated in a loan agreement. If someone did not repay a loan the creditor has the legal right to remedy in some cases which can include liens on property, repossession or wage garnishments. For nonfeasance, the party bringing the suit must simply prove that the individual failed to act. In comparison, a personal injury is generally an act of misfeasance where the person’s actions were negligent and the negligence caused injury or loss.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.