What tort is described as failing to act when there is a duty to do so?

Nonfeasance refers specifically to the failure to act when there is a duty to do so. In legal terms, it typically applies in situations where an individual or entity has a responsibility to take action but chooses not to, resulting in harm or injury to another person. This tort highlights the importance of taking necessary actions that one is obligated to perform, particularly in contexts like caregiving, professional duty, or legal responsibilities.

In contrast, malpractice generally relates to professional negligence, where a professional fails to meet the standard of care expected in their field. Misfeasance involves improper or incorrect performance of an act that one is obligated to perform, leading to harm. Negligence broadly covers any failure to exercise reasonable care, which could include both nonfeasance and misfeasance. Thus, nonfeasance is the most precise term for the situation where someone fails to act when they are required to do so.