Misfeasance and non feasance distinctions shape tort liability: positive acts attract liability while mere omissions usually do not. Distinction between misfeasance and non feasance: misfeasance is a positive, willful or reckless act creating a source of danger and gives rise to liability when negligent; non feasance is omission or failure to perform a duty or confer a benefit and ordinarily will not alone create a private cause of action in tort, with liability for omissions depending on whether a duty to act is recognized.