What does nonfeasance mean?
Nonfeasance means the failure to perform an action that is required by law, contract, or another binding duty. Its central idea is omission: the required act does not happen when it should. The term is especially common in legal writing, including cases involving contracts, property, trusts, and fiduciary obligations. It is closely distinguished from malfeasance, which involves performing a duty improperly or unlawfully, and from misfeasance, which refers more broadly to unauthorized or negligent conduct. Although nonfeasance can describe any deliberate or negligent failure to act, it has a particularly strong formal and specialized tone. For general readers, the word provides a precise way to describe a breach that consists entirely of something left undone. It is especially useful when the absence of an action, rather than the manner in which an action was carried out, is the central legal or ethical problem.
nounFailure to perform a duty, obligation, or action that is required. In legal contexts, it especially refers to the omission of an act that should have been carried out.
- The failure to perform a required duty or take a required action, especially in legal or contractual contexts.
"The tenant's failure to maintain the property was treated as nonfeasance of a contractual duty."
"The company was accused of nonfeasance after failing to perform the promised repairs."
"His prolonged absence from the hearing was characterized as an act of nonfeasance."
The plural is uncommon; singular abstract usage is much more frequent, especially in legal writing.
"The report identified two separate nonfeasances by the contractor."
Nonfeasance is doing nothing when duty demands action—and law can treat that silence as a breach.
Reviewed by Deb Chak, Editor. AI-assisted content curated by RJS Tech Solutions LLP.
Where does nonfeasance come from?
The word comes through Anglo-French nonfeasance, formed from non-, meaning “not,” and feasance, meaning “doing” or “performance.” Feasance ultimately derives from Latin facere, “to do” or “to make.” The term developed in legal language alongside related forms such as malfeasance and misfeasance, distinguishing the failure to perform a duty from its improper performance.
How nonfeasance is actually used
Nonfeasance is primarily formal and legal, occurring especially in contract, property, fiduciary-duty, and administrative contexts. It denotes an omission rather than improper performance. The plural is uncommon because the word is often used for an abstract failure or breach.
Easily confused with nonfeasance
Nonfeasance is the failure to perform a required duty, whereas malfeasance is the improper or unlawful performance of one.
Nonfeasance is an omission, while misfeasance is an act performed in an improper or negligent manner.