Non feasance refers to the failure to fulfill a legal duty or obligation. In the context of contracts, it signifies a complete failure to perform the agreed-upon actions. In tort law, non feasance describes a situation where a person's inaction leads to harm or injury to another individual or their property.
This term is primarily used in civil law, particularly in contract and tort cases. Non feasance can arise in various scenarios, such as when a party fails to deliver goods or services as promised in a contract, or when a person neglects to take necessary precautions that could prevent harm to others. Users can manage certain related legal processes by utilizing US Legal Forms' templates, which are designed to assist individuals in drafting contracts or filing claims related to non feasance.
Here are a couple of examples of abatement:
Example 1: A property owner fails to repair a broken sidewalk. If someone trips and gets injured, the owner may be liable for non feasance due to their inaction.
Example 2: A contractor does not complete a construction project as stipulated in a contract. The client may seek damages for the contractor's non feasance. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Notable Differences |
|---|---|
| California | Non feasance can lead to strict liability in certain circumstances. |
| New York | Emphasizes the duty of care in negligence cases more than other states. |
| Texas | Non feasance may be treated differently in property law versus personal injury law. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Non feasance | Failure to act when there is a duty to do so. |
| Mis feasance | Improper performance of a lawful act. |
| Mal feasance | Commission of an unlawful act that causes harm. |
If you believe you are a victim of non feasance, consider the following steps:
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Non feasance is the failure to perform a legal duty, resulting in potential harm to others.