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Non-feasance vs. misfeasance
Definition
Non-feasance means failing to act or take steps when one arguably should, while misfeasance means taking an affirmative wrongful action. Courts generally distinguish between passively doing nothing (non-feasance) and actively doing something harmful (misfeasance), with secondary liability typically requiring the latter.
Examples
- •Cox argued that continuing to sell Internet service and not terminating subscribers was non-feasance (inaction), not the kind of affirmative misfeasance required for liability