Legal Definitions - secondary

Secondary, when used in a legal context, refers to something that is subordinate, less important, or comes after a primary element. It describes a status, role, or obligation that is dependent on, follows, or supports a main or initial one.

• Example 1: Secondary Evidence

  Imagine a court case where the original signed will (the primary evidence) cannot be found. Instead, a certified copy of the will is presented to the court.

  The certified copy is considered secondary evidence. Its admissibility in court is typically dependent on proving that the original document (the primary evidence) is genuinely unavailable. This illustrates how secondary evidence is subordinate to and only used when the primary evidence cannot be produced.

• Example 2: Secondary Liability

  Consider a situation where a child accidentally breaks a neighbor's window while playing. The child, as the direct actor, has primary liability for the damage.

  However, the child's parents might have secondary liability for the damage, especially if they were negligent in supervising the child or if a specific law holds parents responsible for their children's actions. The parents' liability is secondary because it arises from and is dependent on the child's initial action.

• Example 3: Secondary Obligation in Contracts

  A software development company signs a contract to deliver a new application by a specific date. The contract includes a clause stating that if the application is not delivered on time, the company must pay a penalty for each day of delay.

  The company's primary obligation is to develop and deliver the software as agreed. The obligation to pay a penalty for late delivery is a secondary obligation. It only arises *subsequent* to and *because of* a breach of the primary obligation to deliver on time.