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- 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
- Conflicting duties
- Breach of duty