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KembaraXtra – Legal Terms – Nonfeasance
Nonfeasance means a failure to perform an act or duty that the law requires to be carried out.
Historically, public authorities such as highway authorities were not liable for injuries caused by failing to repair or maintain roads, although they could be liable for misfeasance, which involved improper performance of a duty.
This defence of nonfeasance was later abolished by statute in relation to highway authorities.
Today, such authorities may instead rely on a statutory defence by showing that they took all reasonable care to ensure that the highway was not dangerous.
The concept therefore distinguishes complete failure to act from improper or negligent performance of an act.
Nonfeasance means a failure to perform an act or duty that the law requires to be carried out.
Historically, public authorities such as highway authorities were not liable for injuries caused by failing to repair or maintain roads, although they could be liable for misfeasance, which involved improper performance of a duty.
This defence of nonfeasance was later abolished by statute in relation to highway authorities.
Today, such authorities may instead rely on a statutory defence by showing that they took all reasonable care to ensure that the highway was not dangerous.
The concept therefore distinguishes complete failure to act from improper or negligent performance of an act.
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