Florida Department of Law Enforcement (FDLE) Practice Exam

What is a common legal term for a failure to act when there is a duty to act?

1. Negligence

2. Omission

3. Nonfeasance

4. Misfeasance

The correct answer is: Nonfeasance

The term that best describes a failure to act when there is a duty to act is nonfeasance. Nonfeasance specifically refers to the neglect of an obligation to perform an act that one is legally obligated to do. It is distinct in that it emphasizes the absence of action when an action is expected under the circumstances, which can lead to harm or damage. In legal contexts, nonfeasance is often associated with situations where a party fails to take action that should have been taken, resulting in negative consequences for others. This concept is particularly relevant in tort law, as individuals or entities may be held liable for damages caused by their inaction when they have a duty to intervene or assist. Negligence, while related, typically involves both a failure to act and a breach of a duty that results in harm, often requiring proof of a failure to exercise reasonable care. Omission, although similar, is a more general term and does not necessarily imply a legal obligation. Misfeasance, on the other hand, refers to the improper performance of a lawful act, where the action taken is flawed rather than absent. Therefore, nonfeasance is the most precise term for a failure to act in circumstances where action is required