LAW 511-002 – Torts I

Privity of Contract


Misfeasance

Misfeasance is when the defendant attempts performance but misperforms the contract.

Misfeasance attaches liability to misfeasor.

Nonfeasance

Nonfeasance is when the defendant made a promise but broke it without attempting performance.

Nonfeasance only attaches liability to nonfeasor in fraud cases.