Introduction
The rights and duties are recognized as a unit of a civilized society. When people come in contact with each other they have some legal rights and duties towards each other; such rights and duties are governed through law.
It is the state which enforces the right and duty created by such Laws. The term right is closely related to duty and duty related to wrong. Salmond defines wrong as an act contrary to the rules of right of justice
What are Duties?
A duty is an obligatory act that is the opposite of duty is wrong. The commission of wrong is the beach of duty and performance of a duty is avoidance of wrong.
Duties can be defined in two kinds:
- Moral Duty
- Legal Duty
Classification of Legal Duties
- Positive and Negative Duty
- Primary and secondary Duty
- Absolute and Relative Duty
Positive and Negative Duties
When law obliges a person to do some acts, the duty is called the positive duty. For an example:- If a person borrows something from other person. He is under the obligation to return the same thing.
On the other hand when law obliges a person to refrain from doing an act, it is a negativity duty. For example:- If a person peacefully enjoying his right in the property as owner. others are under a corresponding duty not to interfere with that person’s enjoyment in the property.
Primary and Secondary Duties
A primary duty is one which is independent of any other duty. for example:- Not to cause personal injury to another is a primary duty.
On the other hand a Secondary duty is one which has no independent existence but emerged after some wrong. for an example:- A duty to pay damages for the injury done to a person is a secondary duty. It is also called sanctioning or remedial duty.
Absolute and Relative Duty
As per Hibbert absolute duties are owned only to the state, breach of which is generally called crime and remedy is a punishment. For example:- A person is duty bound to follow or obey criminal law passed by the state, breach of which is crime and remedy is punishment.
On the other side Relative Duties are owned to any person other than the one who is imposing them, breach of which it is called civil wrong, which is redressable by compensation or restitution to the injured party.
Conclusion
In conclusion, the concept of legal duties in jurisprudence is a fundamental aspect of understanding the role of law in shaping societal behavior. Legal duties serve as a framework for individuals and entities to operate within, providing a sense of responsibility and accountability for one’s actions.
By examining the various types of legal duties, including contractual, tortious, and statutory duties, we can better appreciate the complexities of the legal system.
Ultimately, the concept of legal duties underscores the importance of adhering to established rules and norms, promoting a sense of order and stability in our society.
As we continue to navigate the intricacies of the legal landscape, it is essential to remain mindful of the significance of legal duties in shaping our actions and decisions. By doing so, we can work towards creating a more just and responsible society for all.