Legal Definitions - passive duty

A passive duty, also known as a negative duty, is a legal obligation to refrain from performing a particular action. Instead of requiring someone to do something, it requires them not to do something. It's a duty of inaction, where the law expects an individual or entity to abstain from certain conduct that could harm others or infringe upon their rights.

• Example 1: Duty not to trespass

  Imagine a homeowner who lives next to a public park. The homeowner has a passive duty not to build a fence that extends onto the park's land, nor to use the park's property as their own private garden.

  This illustrates a passive duty because the homeowner is not required to *do* anything specific on their own property, but rather to *refrain* from encroaching upon or misusing the public park's land. Their obligation is to abstain from actions that would violate the park's boundaries or purpose.

• Example 2: Duty not to disclose private medical information

  A doctor's office staff member has access to sensitive patient records. They have a passive duty under privacy laws (like HIPAA in the U.S.) not to share a patient's diagnosis or treatment details with unauthorized individuals, such as the patient's employer or a curious neighbor.

  This is a passive duty because the staff member is not being asked to *perform* a specific action related to the information, but rather to *avoid* the action of disclosing it. Their legal obligation is to abstain from sharing confidential data.

• Example 3: Duty not to interfere with a contract

  Suppose Company A has a valid contract with Supplier B for a unique component. Company C, a competitor, learns about this and tries to persuade Supplier B to break their contract with Company A and instead supply the component exclusively to Company C, offering a higher price.

  Company C has a passive duty not to intentionally interfere with the existing contractual relationship between Company A and Supplier B. This duty doesn't require Company C to *form* a contract with Supplier B or *do* anything specific, but rather to *refrain* from actions that would cause Supplier B to breach its agreement with Company A.