The dissent warned that the decision represented "a major departure from our jurisprudence by holding the school liable for what at most was
nonfeasance. It also appeared to impose a duty on the passenger to control the driver, departed from case law by imposing a duty on the school to protect the general public from a student's negligence off school grounds and made misfeasance a fact question for the jury.
at 813 (finding lack of liability for university's
nonfeasance with regards to student's injuries sustained in crash after drinking); see also McLean, supra note 184, at 403 (describing distinction between
nonfeasance, misfeasance in context of university's liability for students' accidents).
(132.) See Weinrib, supra note 8, at 253-54; see also McNiece 8t Thornton, supra note 131, at 1273 ("There is no pure
nonfeasance [in this failure-to-brake example] because the defendant has acted.").
In Loggerhead Turtle, however, Volusia County was held liable for failing to regulate beachfront lighting in a way that would protect the turtle--a distinction, in other words, between misfeasance and
nonfeasance." (205)
339 (1854) (holding that a corporation could be indicted for misfeasance as well as
nonfeasance).
(50.) McElwee, supra note 4, at 6; Qie Jianrong ([TEXT NOT REPRODUCIBLE IN ASCII]), Governments'
Nonfeasance is Major Source of Environmental Chronic Disease, LEGAL DAILY (Nov.
The key phrase in all this seems to me to be "if they can get away with it." The only way to keep Wall Street--and, for that matter, other institutions, like unions, universities, and the government itself--on the straight and narrow is to let the people in them know we're keeping an eye on them, and that the chances they'll "get away" with malfeasance, misfeasance, or
nonfeasance are slim enough to keep them from trying.
Crimp acknowledges that it recognizes and painstakingly recounts the widespread government
nonfeasance, really homophobic malfeasance, and the same on the part of the press, in the early years of the epidemic.
The failure of a board to hire the best, or fire an underperforming, chief executive is one of the worst forms of
nonfeasance.
The distinction between employer liability and co-employee liability was further explained by distinguishing between a co-employee's acts that constituted
nonfeasance versus those that were misfeasance.
(34) Because the planting of a tree is not of itself negligence (otherwise we would have no trees at or near public places), the case necessarily rests on the failure to repair after the defect arises rather than upon any malfeasance, and for this reason, liability was not imposed where a written notice law barred recovery for
nonfeasance. (35)
(100) Canada's codification is also narrow, in that its 'breach of trust' offence has been held to have codified the crime of misfeasance, but not of
nonfeasance. (101)
Obama himself is thus violating his oath of office by
nonfeasance."
MILL J.: This appeal requires this Court to decide the proper basis of liability for physical harm, whether the law of civil wrongs should be extended to impose legal liability for
nonfeasance (the so-called "duty to rescue") and, finally, the extent of liability for negligently inflicted emotional distress.
