nonfeasance
LowFormal, Legal
Definition
Meaning
The failure to perform an act that is required by law or duty.
In legal contexts, it refers specifically to the omission of an act which a person is legally obligated to perform, often distinguished from 'misfeasance' (improper performance) and 'malfeasance' (wrongful performance).
Linguistics
Semantic Notes
Primarily a legal term of art. It denotes inaction rather than action, focusing on a duty not fulfilled. Often appears in discussions of tort law, public office, and corporate governance.
Dialectal Variation
British vs American Usage
Differences
The term is used in both legal systems with identical meaning. No significant spelling or definitional differences.
Connotations
Carries a strong negative connotation of neglect of duty in professional or official contexts in both varieties.
Frequency
Equally low-frequency in both British and American English, confined almost exclusively to legal and academic writing.
Vocabulary
Collocations
Grammar
Valency Patterns
The [official/board/director] was accused of nonfeasance.The lawsuit centred on the [company's/government's] nonfeasance.Vocabulary
Synonyms
Strong
Neutral
Weak
Vocabulary
Antonyms
Phrases
Idioms & Phrases
- “None directly associated; related to the legal concept of 'sins of omission'.”
Usage
Context Usage
Business
Used in corporate law regarding directors' duties; e.g., 'Shareholders sued for nonfeasance after the board failed to address the financial risk.'
Academic
Common in law journals and political science texts discussing accountability and administrative law.
Everyday
Virtually never used in casual conversation.
Technical
A precise term in legal drafting, court opinions, and professional ethics discussions.
Examples
By Part of Speech
verb
British English
- The council was found to have nonfeased its statutory duty.
- One cannot simply nonfease a contractual obligation.
American English
- The officer nonfeased his duty by ignoring the plea.
- The statute makes it illegal to nonfease in such circumstances.
adverb
British English
- The committee acted nonfeasantly by delaying the vote indefinitely.
- He was accused of having governed nonfeasantly.
American English
- The agency responded nonfeasantly to the crisis.
- She argued the board had acted nonfeasantly.
adjective
British English
- The nonfeasant trustee was removed from his position.
- They faced claims of nonfeasant behaviour.
American English
- The nonfeasant director was held personally liable.
- The report detailed a pattern of nonfeasant conduct.
Examples
By CEFR Level
- The lawyer explained that not doing your job can sometimes be a crime, called nonfeasance.
- The mayor was criticised for nonfeasance during the emergency.
- The court's ruling established that mere nonfeasance, without a clear duty, does not create liability.
- The inquiry focused on whether the regulator's inaction constituted gross nonfeasance.
Learning
Memory Aids
Mnemonic
Think: NON (not) + FEASANCE (doing/performance) = NOT DOING what you are supposed to do.
Conceptual Metaphor
DUTY IS A CONTRACT TO BE FULFILLED; nonfeasance is a breach of that contract through inaction.
Watch out
Common Pitfalls
Translation Traps (for Russian speakers)
- Avoid translating as 'бездействие' (bezdeystviye) in all contexts, as the Russian term is broader. 'Nonfeasance' implies a specific legal duty. The closer equivalent is 'неисполнение обязанностей' (neispolneniye obyazannostey) or 'халатность' (khalatnost') in a negligence sense.
Common Mistakes
- Confusing it with 'misfeasance' or 'malfeasance'. Using it outside a legal/formal duty context. Misspelling as 'non-feasance' (hyphen is generally not used in modern legal writing).
Practice
Quiz
Which of the following best describes 'nonfeasance'?
FAQ
Frequently Asked Questions
Nonfeasance is the failure to act when there is a duty to do so. Misfeasance is the improper or negligent performance of a lawful act.
It can be, depending on the jurisdiction and context. It is often a civil wrong (tort) but can form the basis of criminal charges in cases of official misconduct or gross negligence.
It is highly specialised and sounds unnatural in everyday speech. Terms like 'neglect of duty' or 'failure to act' are more appropriate for general communication.
Typically, nonfeasance in tort law does not require malicious intent; it centres on the breach of a duty. However, proving the duty existed is crucial.