Here, again, the distinction between misfeasance and nonfeasance
is useful: if the state chooses not to regulate at all (nonfeasance
), it cannot be liable.
Because the facts of the case dealt with misfeasance, despite being implicit in its analysis, the court never expressly stated that a co-employee is immune to common law actions if the injury was a result of his nonfeasance
R v Boulanger held that Criminal Code, RSC 1985, c C-46, s 122 imported only the first offence, so that nonfeasance
was no longer a general offence.
That a corporation may be indicted for a misfeasance as well as for a nonfeasance
had been decided in this commonwealth.
25) The road authorities' immunity from liability for negligence in cases of nonfeasance
has been restored by statute.
In effect, this is an attempt to revitalize distinction between nonfeasance
and malfeasance by means of a principled comparison with private duties of affirmative action.
While the Senate Committee on Public Lands and Surveys focused on the actions of the Department of the Interior in leasing naval oil reserves, a Senate select committee was constituted to investigate "charges of misfeasance and nonfeasance
in the Department of Justice" (17) in failing to prosecute the malefactors in the Department of the Interior, as well as other cases.
The current MTA auction and subway extension schemes raise questions of failure of fiduciary responsibility, malfeasance, nonfeasance
and/or incompetence on the part of the government officials involved.
Surely this is an act of negligence, nonfeasance
The Delaware legislature should establish by statute that monetary liability may not be imposed on corporate directors for breach of the "duty of care," but that monetary liability may be imposed for breach of the "duty of loyalty," defined to include cases involving financial conflicts of interest, other improper personal benefits, conscious malfeasance, and conscious nonfeasance
Some Democrats," Reich said, "want to expose the malfeasance and nonfeasance
of the Bush Administration--find out who really knew what and when with regard to weapons of mass destruction, Abu Ghraib, Katrina, payoffs to Abramoff, and all the other rot.
The three ways police officers conduct corrupt practices, nonfeasance
, misfeasance and malfeasance, are discussed.