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."); cf.
Petersen's distinction between misfeasance and
nonfeasance is compelling.
(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.
nonfeasance," (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
