nonfeasance


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nonfeasance

A failure to act when the law required an action.Real estate brokers are supposed to deposit earnest money checks as soon as possible. If the broker neglects to deposit the check, he or she is guilty of a nonfeasance, even if there was no improper motive and no misuse of the funds. Likewise, if local fire codes require fire extinguishers in the hallways of an office building, and the owner fails to install them, it is guilty of nonfeasance and may be liable for injuries and damages if there is a fire. Contrast with misfeasance, which is doing a legal and proper thing but in an improper manner, and malfeasance which is doing something improper or unlawful.

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at 813 (finding lack of liability for university's nonfeasance with regards to student's injuries sustained in crash after drinking); see also McLean, supra note 184, at 403 (describing distinction between nonfeasance, misfeasance in context of university's liability for students' accidents).
Petersen's distinction between misfeasance and nonfeasance is compelling.
McElwee, supra note 4, at 6; Qie Jianrong ([TEXT NOT REPRODUCIBLE IN ASCII]), Governments' Nonfeasance is Major Source of Environmental Chronic Disease, LEGAL DAILY (Nov.
69) Relying on the common law distinction between nonfeasance and misfeasance, the court disagreed and held that "at common law one servant is liable to another for his own misfeasance, and there is nothing in the Compensation Act which destroys such liability, or in any way disturbs the common-law relationship existing between co[-]employees.
Furthermore, the alleged failure of the City to maintain the tree in question constitutes, at best, simple nonfeasance for which there can be no liability absent prior written notice of the condition.
100) Canada's codification is also narrow, in that its 'breach of trust' offence has been held to have codified the crime of misfeasance, but not of nonfeasance.
The limitation on recovery for economic loss has been premised upon concern over limitation of liability, while the refusal of recovery for unrealized benefits has been justified on the basis that tort law addresses wrongs of misfeasance, not nonfeasance.
Obama himself is thus violating his oath of office by nonfeasance.
malfeasance or nonfeasance occurred, shareholders would be able to
This appeal requires this Court to decide the proper basis of liability for physical harm, whether the law of civil wrongs should be extended to impose legal liability for nonfeasance (the so-called "duty to rescue") and, finally, the extent of liability for negligently inflicted emotional distress.
Where a signatory to the contract fails to deliver on that obligation, this is referred to as nonfeasance (non-delivery on contractual obligations).
The probe underlines nonfeasance on the part of the Finance Ministry.