Failure to Act
/ˈfeɪljər tə ækt/
Definitions
- (n.) The omission or neglect to perform a legal duty or required action, potentially giving rise to liability or enforcement.
The defendant's failure to act constituted negligence under tort law.
- (n.) In criminal law, the omission of an act when there is a legal duty to act, possibly resulting in criminal liability.
Her failure to act to prevent harm was deemed criminal under the duty-to-rescue statutes.
Forms
- failure to act
Related terms
See also
Commentary
Precise identification of the legal duty breached is crucial; mere inaction is not always actionable unless a duty to act exists.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.