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Non-Feasance

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

torts, contracts, is the non performance of some act which ought to be performed. When a legislative act requires a person to do a thing, its non feasance will subject the party to punishment; as, if a statute require the supervisors of the highways to repair such highways, the neglect to repair them may be punished.

Vide 1 Russ. on Cr. 48.

There is a difference between non-feasance and misfeasance, (q. v-) or malfeasance, (q. v.) Vide 2 Kent, Com. 443; Story on Bailm. § 9, 165; 2 Vin. Ab. g5; 1 Hawk. P. C. 13.