what is nonfeasance 
nonfeasance is a legal concept that refers to the willful failure to execute or perform an act or duty required by one s position office or law whereby that neglect results in harm or damage to a person or property the perpetrator can be found liable and subject to prosecution nonfeasance differs from malfeasance which is a willfully harmful act or misfeasance which is performing one s duty incorrectly understanding nonfeasancewhile nonfeasance the absence of action to help prevent harm or damage was not originally subject to the penalty of law legal reforms evolved to make it possible for courts to use the term to describe inaction which assigns liability in some jurisdictions nonfeasance carries stiff criminal penalties at a minimum it can lead to a notice of termination in order for intentional inaction to be considered nonfeasance it must meet three criteria they are for example if a daycare provider is employed to supervise children and fails to prevent a child from climbing out on a window ledge from which the child falls the daycare provider could be found liable for nonfeasance because it was their contracted duty to watch and protect the child from harm and they failed to take action when necessary financial nonfeasance