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274) Absent a special relationship, nonfeasance does not lead to liability under a negligence theory.
See Weinrib, supra note 8, at 253-56 ("Participation by the defendant in the creation of the risk, even if such participation is innocent, is thus the crucial factor in distinguishing misfeasance from nonfeasance.
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.
49) However, because of the group's close relationship with the administrative agencies, it generally cannot freely criticize nonfeasance by administrative agencies, like many famous foreign environmental NGOs.
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.
Multiple damages statutes in response to employer malfeasance or nonfeasance may deter a broad range of intentional behaviors.
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 Court nods to the tort law of nonfeasance, but if the Court were to appropriately compare the DeShaney facts to the tort law regime, it would acknowledge that this is not a failure to rescue case; this is a botched rescue case.
The court noted that a correctional officer who is present at a scene and who fails to take reasonable steps to protect the victim of another officer's use of excessive force can be held personally liable under [section] 1983 for his nonfeasance.
The failure of a board to hire the best, or fire an underperforming, chief executive is one of the worst forms of nonfeasance.
citizen-participation literature associates legitimacy concerns with citizen dissatisfaction with the quality of democracy (see for example Harwood Group, 1991), fiscal illegitimacy in some settings may be more immediately tied concerns about mis-, mal-, or 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.
2d 814, 820 (1981) (noting "The problem is particularly nettlesome when a third party asserts that a director, because of nonfeasance, is liable for losses caused by acts of insiders.