Candidate Physical Ability Test (CPAT) Practice Test

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

Misfeasance
Nonfeasance
Malfeasance
Transgression

The correct answer is: Nonfeasance

The term "nonfeasance" refers specifically to a situation where an individual has a legal duty to act but fails to do so. This concept is particularly important within the realm of legal obligations and responsibilities. In contexts such as tort law, nonfeasance can result in liability if the failure to act causes harm to another party. For example, if a lifeguard observes someone drowning and fails to take action, they may be held liable for nonfeasance because they had a duty to assist. This contrasts with other legal terms. Misfeasance involves the improper performance of a legal act, meaning the act is done but incorrectly. Malfeasance refers to the performance of an act that is unlawful or wrongful. Transgression generally denotes a breach of a rule or a law but does not specifically relate to the failure to act in the presence of a duty. Understanding these distinctions is essential, as recognizing the nuances helps clarify the legal responsibilities individuals may have in various situations.