Distinction between Misfeasance (positive action) and Non-feasance (omission)

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..... performance of some act which ought to be performed or omission to perform required duty or total neglect of duty. In the case of misfeasance, t e defendant is the author of the source of danger to cause damage due to careless conduct, to the person/property of plaintiff. He has knowledge that the act may give rise to tort but in the case of non-feasance several factors require consideration for g .....

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..... ssions, though a fundamental one, is not one which is easy to make. F.H. Bohlen suggested that "misfeasance differs from non-feasance in two respects: in the character of the conduct complained of, and second, in the nature of the detriment suffered in consequence thereof". The first aspect relates to the distinction between active misfeasance and passive inactivity; the second to the di .....

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