Failure to perform an act that is required by law.
- Recovery in tort is dependent on the plaintiff establishing injury and loss resulting from an act of misfeasance or nonfeasance on the part of the defendant, the tortfeasor.
- At first sight, to say that the defendant's nonfeasance did not cause the plaintiff's loss seems to provide a sort of objective criterion for not imposing liability.
- The effect of this is that the occupier's liability is governed by the common law, which provides that he will be liable for negligent misfeasance but not for nonfeasance.
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