Legal Definition on Duty
DUTY, Natural Law. A human act that corresponds exactly to the laws that oblige us to obey it. 2. It differs from a legal obligation because an obligation cannot always be performed by law; It is our duty, for example, to be moderate when we eat, but we are not legally obliged to do so; We should love our neighbor, but there is no law that compels us to love him. 3. Duties may be considered in man`s relationship with God, with himself, and with man. 1. We are obligated to obey God`s will as much as we can discover Him, for He is the sovereign Lord of the universe who created and governs all things by His infinite almightiness and wisdom. The common name of this duty is piety: it consists in having correct opinions about him, and partly in the affections which are proper to him and which suit these opinions. 4.-2. A person has a duty to act towards himself; he is bound by natural law to protect his life and limbs; It is also his duty to avoid all intemperance by eating and drinking, and in the illegal satisfaction of all his other cravings. 5.-3.
He has duties to fulfill to others. He has an obligation to render others the same justice he would rightly expect of them. In cases of negligence, a person has a duty to behave in a certain way towards another person. “[T]he general rule is defined as the obligation to comply with the standard of behaviour associated with reasonable persons in similar circumstances. Whether a party to another party is due depends on the facts and circumstances of the case and the relationship between the parties. In its use in jurisprudence, this word is the correlative of the law. Thus, where a right exists for one person, a corresponding obligation also falls on another person or on all persons in general. But it is also used in a broader sense to refer to that category of moral obligations that lie outside the legal sphere; those which are based on a compelling ethical basis but which have not been recognised by law as falling within its own jurisdiction for the purposes of enforcement or redress. Therefore, gratitude to a benefactor is a duty, but its rejection is not an action. In this sense, “duty” is the equivalent of a “moral obligation,” as opposed to a “legal obligation.” See Kentucky v. Dennison, 24 how. 107, 16 L. Auflage 717; Harrison y.
Bush,5 El. & Bl. 349. As a technical term of the law. “Duty” means something due; what is owed by a person; what one person owes to another. An obligation to do something. A word with a broader meaning than “debt”, although both are expressed by the same Latin word “debitum”. However, in Strand v.
Boynton, 20 Vt 725, 733.In practice, it is usually reserved for performance, care or compliance obligations that are based on a person exercising official or fiduciary functions; as a duty of an executor, trustee, manager, etc. It also refers to a tax or duty owed to the government on the import or export of goods. n.1) a legal obligation whose breach may give rise to liability. In litigation, a plaintiff must assert and prove that the defendant owed an obligation to the plaintiff. This may be a duty of care in the event of negligence or an obligation of performance in the case of a contract. (2) an import tax. See: Due diligence) “Legal obligation. Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/legal%20duty.
Retrieved 14 January 2022. A legal obligation that involves mandatory conduct or performance. With respect to customs duty laws, a tax due to the government for the import or export of goods. A trustee, such as an executor or trustee, who has a position of trust with a third party, has an obligation to provide services, provide care or perform certain actions on their behalf. n. responsibility to others to act in accordance with the law. Proof of the obligation (for example, not being negligent, ensuring the safety of the premises or driving within speed limits) and subsequent proof that the obligation was breached are necessary elements of any claim for damages based on negligence or intentional harm. In Tropland v. US Fidelity, Judge Jay Zainey of the U.S. District Court wrote: An obligation arising from the parties` contract or the application of law. Riddell v Ventilating Co., 27 Mont.
44, 69 Pac. 241. What the law does or does not do to a particular person or to the public in general corresponds to an acquired and constant right over that person or over the public, the violation of which constitutes negligence. Himmel v. Pender, 11 F. B. Div. 506; Smith v. Clark Hardware Co., 100 Ga. 163, 28 pp.
E. 73, 39 L. R. A. 607; Railroad Co. v. Ballentine, 84 Fed. 935, 28 C. C. A.
572. You must – there are over 200,000 words in our free online dictionary, but you`re looking for one that is only included in the full Merriam-Webster dictionary. Related terms: Due Diligence, Fair Representation Powered by Black`s Law Dictionary, 2nd free ed., and The Law Dictionary. Start your free trial today and get unlimited access to America`s largest dictionary with: Note the similar but unambiguous wording of this statement by Arizona Court of Appeals Judge Peter Eckerstrom in Henning v. Montecini Hospital:.
