at 812 (stating liability attaches for nonfeasance
only in event special relationship exists between university and student).
(133.) See Weinrib, supra note 8, at 253-56 ("Participation by the defendant in the creation of the risk, even if such participation is innocent, is thus the crucial factor in distinguishing misfeasance from nonfeasance
Petersen's distinction between misfeasance and nonfeasance
(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." (70)
2d Dep't 2003) ("The County's alleged negligence in planting the tree from which the limb fell, and alleged failure to maintain the tree constituted nonfeasance
, not affirmative negligence." (citations omitted)); Zizzo v.
Lord Halsbury's Laws of England confused it with tort law's more general distinction between misfeasance and nonfeasance
, (112) and the Court of Appeal forgot its existence entirely.
As the courts are slowly beginning to accept, there is no significant or meaningful difference between misfeasance and nonfeasance
; see Rowland v.
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.
," (95) establishes that the military would generally
The history of the nation's newspapers is replete with similar examples of nonfeasance
and, sadly, outright malfeasance.
a contractor's nonfeasance
, unless such a duty is specifically