Legal Definitions - legal duty

A legal duty is an obligation that a person or entity has, which is established either by law or through a contract. This duty requires them to act or refrain from acting in a specific way, adhering to a particular standard of conduct. If someone fails to meet a legal duty, the law provides a mechanism for those who are harmed by this failure to seek a remedy, recognizing that certain interests are legally protected and enforceable.

Here are some examples illustrating different types of legal duties:

• Contractual Duty: Imagine a construction company that signs a contract with a homeowner to build a new deck according to specific blueprints and within a set timeframe. The contract creates a legal duty for the construction company to complete the deck as agreed, using the specified materials and meeting the deadline. If the company fails to build the deck correctly or abandons the project, they have breached their legal duty, and the homeowner could pursue legal action to enforce the contract or seek compensation for damages.

• Professional Duty of Care: Consider a licensed pharmacist who is dispensing medication to a patient. The pharmacist has a legal duty to ensure they are providing the correct medication, in the correct dosage, and offering appropriate warnings or instructions. This duty arises from their professional license and the laws governing pharmaceutical practice, designed to protect public health and safety. If the pharmacist negligently dispenses the wrong medication, causing harm to the patient, they would have violated their legal duty, potentially making them liable for the patient's injuries.

• Statutory Duty (Public Safety): Every driver on a public road has a legal duty to operate their vehicle safely and obey traffic laws, such as maintaining a safe speed and yielding to pedestrians in a crosswalk. This duty is established by state and local statutes (traffic laws) to prevent accidents and protect the safety of all road users. If a driver speeds through a school zone and hits a pedestrian, they have breached this legal duty, and the law provides a basis for the injured pedestrian to seek compensation for their injuries.