CandleFocus

Nonfeasance

Candlefocus Editor
Nonfeasance is the willful absence of action, or the failure to act, to help prevent harm or damage from occurring. It is a type of negligence in which a person has a responsibility to act, but does not, resulting in a damaging consequence. Nonfeasance is often illegal, but it is also possible for it to be considered a breach of contract, rather than a criminal offense.

In the context of employment, if an employee fails to take action to prevent harm or death from occurring, their employer has the legal right to terminate them for nonfeasance. For example, a hotel worker failing to report a fire, or a salesperson failing to provide quality customer service. In severe cases, this type of negligence can lead to personal injury or death, and could even result in criminal prosecution.

The concept of nonfeasance is also applicable in financial services. In this case, it is often referred to as financial nonfeasance. This type of nonfeasance arises when a person in a fiduciary position - such as a broker - fails to act on behalf of their client. For example, if a broker fails to input a trade a customer has requested, they may be guilty of financial nonfeasance.

In conclusion, nonfeasance is a type of negligence that is caused by the intentional absence of action to prevent harm or damage from occurring. It is a serious breach of an employee or contractor’s responsibility, and employers are within their rights to terminate any individual found to be guilty of nonfeasance. In financial services, nonfeasance may also be legally punishable, if a fiduciary fails to act on behalf of the customer.

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