nonfeasance
Nonfeasance is the failure to act when a legal duty requires such action. Nonfeasance can more loosely be defined as not doing something that you ought to do. By contrast, misfeasance and malfeasance refer to acts which are performed improperly or are otherwise wrongful. The term “nonfeasance” commonly appears in tort law but may also refer more generally to inaction in contract law.
In tort law, nonfeasance cases exist when the defendant should have taken steps to prevent the harm that came to the plaintiff, but did not. In tort law there is no general duty to ensure the safety of others if you played no causal role in bringing about the harm. In some instances, however, there may be affirmative duties that require action, the failure of which would result in potential liability based on nonfeasance.
In contract law, parties to a contract may agree to perform certain actions. Failure to perform these obligations altogether may constitute “nonfeasance” and give rise to a suit for breach of contract.
[Last reviewed in March of 2026 by the Wex Definitions Team]
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