Non-feasance, an offence of omission. The term is usually applied to a failure to perform a duty to the public. As to liability to an action for damages for non-feasance as distinguished from mis-feasance, see Maguire v. Liverpool Corporation, (1905) 1 KB 767; McClelland v. Manchester Corporation, (1912) 1 KB 118; and Boyntin v. Ancholme Drainage and Nvigation Commissioners, (1921) 2 KB 213.
Non-feasance not amounting to gross negligence in gratuitous bailments or undertakings is not actionable, but mis-feasance in such cases imposes a liability; and see NEGLIGENCE.
Non-feasance would apply to a case where a person omits to do some act prescribed by law, Khairul Bashar v. Thannu Lal, AIR 1957 All 553.