méfait positif

CONT: Negligence is commonly defined to include both acts and omissions involving an unreasonable risk of harm ... In some respects, however, it is still important to advert to the distinction, deeply rooted in the common law, between misfeasance and nonfeasance, between active misconduct working positive steps to benefit others or to protect them from some impending harm.
CONT: The early common law furnished redress only for injury wrought directly by affirmative misconduct ... Inaction was too remote a focus for imposing legal responsibility.