Nonfeasance in public office is a type of misconduct by a public official where they fail to perform a duty that they are legally required to do. Unlike misfeasance and malfeasance, nonfeasance involves an omission or failure to act, rather than an affirmative act. Nonfeasance can occur when a public official fails to act in a timely manner, fails to carry out their duties, or fails to take reasonable steps to prevent harm or damage to the public or to individuals.
To prove the offence of nonfeasance in public office, the prosecution must show that:
- The accused was a public official with a duty to act;
- The accused failed to perform a duty that they were legally required to perform;
- The accused knew that their inaction could cause harm or damage to the public or to individuals, or was reckless as to the harm or damage caused; and
- The accused's failure to act caused harm or damage to the public or to individuals.
Nonfeasance in public office is a serious offence that can result in civil or criminal liability, depending on the circumstances. In civil proceedings, the affected party may seek damages for the harm or damage caused by the nonfeasance. In criminal proceedings, the accused may face imprisonment or fines, depending on the severity of the offence. Nonfeasance can occur in a variety of situations, such as when a public official fails to provide necessary services, fails to act on complaints, or fails to take action to prevent harm or damage to the public or to individuals.
You can learn more about this topic and relevant case law with our Criminal Law, Tort Law, and Administrative Law notes.
