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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - perfect duty
Definition of perfect duty
A perfect duty is a legal obligation where one party has a corresponding legal right to demand its performance from another party. This means that if a perfect duty is not fulfilled, the party with the right can typically seek legal remedies to enforce it.
Example 1 (Contractual Obligation): Imagine a homeowner who hires a landscaping company to design and install a new garden, paying half the agreed-upon fee upfront. The landscaping company now has a perfect duty to complete the garden as per the contract's specifications and timeline. The homeowner has a corresponding legal right to demand that the garden be completed to the agreed standard. If the company fails to perform, the homeowner can pursue legal action to enforce the contract or seek compensation.
Example 2 (Financial Obligation): Consider a person who borrows money from a friend, signing a promissory note agreeing to repay the full amount by a specific date. The borrower has a perfect duty to repay the loan as stipulated in the note. The friend, as the lender, has a corresponding legal right to demand repayment on the due date. Should the borrower fail to repay, the friend can legally enforce their right to collect the debt.
Example 3 (Professional Service): A patient pays a dentist for a scheduled dental procedure, such as a filling. The dentist then has a perfect duty to perform the procedure with reasonable care and skill. The patient has a corresponding legal right to receive the agreed-upon dental service. If the dentist, without valid reason, refuses to perform the service after payment, the patient could demand performance or a refund, potentially through legal means.
Simple Definition
A perfect duty is a legal obligation where there is a corresponding right held by another identifiable party. This means the party holding the right can legally compel the performance of the duty, making it enforceable in a court of law.