Legal Duty

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Definition

  • Duty is an act which is Ought to be done. Duty is a type of Obligation.
  • One of the functions of Law is to prescribe how people are ought or not ought to behave.
  • Duty is the correlative of Right
  • Duties are of two types: Moral and Legal

Classification of Duties

  • Positive and Negative Duties
    • Positive Duty is an act that the law obliges us to do. Performance extinguishes both duty and right.
    • Negative Duty is an act that the law does not obliges us to do. It cannot be extinguished by fulfillment.
  • Primary and Secondary Duties
    • Primary Duty is a duty which exists independent of other duties. Not to hurt others is a primary duty.
    • Secondary Duty is a duty which does not have independent existence but exists only for the enforcement of other duties. Duty to pay damages for an injury already done.
  • Absolute and Relative Duties
    • Absolute Duties are those that do not have a correlative right
    • Relative Duties are those that have a correlative right

Other Topics on Legal Duty

  • Functions of duty
  • Structure of duty
  • Approval and disapproval
  • Enforceability
  • Sanction
  • Conflicting duties
  • Breach of duty

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