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LSDefine
Simple English definitions for legal terms
positive duty
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A quick definition of positive duty:
A positive duty is something that a person or organization is required to do. It is a legal obligation that must be fulfilled. Positive duties are different from negative duties, which are obligations to refrain from doing something. Positive duties can be enforced by law and failure to fulfill them can result in legal consequences.
A more thorough explanation:
Positive duty refers to a legal obligation or responsibility that requires a person or entity to take affirmative action to fulfill a certain task or duty. This is in contrast to negative duty, which requires a person or entity to refrain from doing something.
- A doctor has a positive duty to provide medical care to their patients.
- A landlord has a positive duty to maintain safe and habitable living conditions for their tenants.
- A teacher has a positive duty to provide a safe and inclusive learning environment for their students.
These examples illustrate how positive duty requires a person or entity to take active steps to fulfill their legal obligations. Failure to fulfill these duties can result in legal consequences.