Written by attorneys · grounded in primary & secondary sources — see below
A historical duty or tax.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Seller Conveys Unmarketable Title
Derek Douglas contracted to buy land from Diane Dawson. At closing Dawson tendered a deed subject to an unreleased lien that a prudent buyer would reject. Douglas refused to close and sued for rescission because the title failed to meet the required standard of marketability.
Corporation Designates Deposition Witness
Dover Bank was served with a Rule 30(b)(6) notice describing five specific topics. The bank promptly designated two officers and set out the matters each would address, satisfying its obligation to produce knowledgeable representatives.
Witness Takes Required Oath
Daphne Doyle was called to testify. Before answering any questions she gave an oath in a form calculated to impress upon her the duty to speak truthfully, satisfying the prerequisite for her testimony.
Doris Duffy, an officer of Dakota Industries, learned of a probable material violation of law by a subordinate. She promptly informed the board committee to which she reported, discharging her statutory reporting obligation.
Parent Fails to Prevent Offense
Darius Dixon knew his minor child was about to commit a crime and had a legal duty to prevent it. He made no effort to stop the conduct, exposing himself to accomplice liability under the statute.
Subordinate Follows Supervisory Advice
Delilah Duran, a junior associate, followed her supervising partner's reasonable resolution of an arguable ethics question. Because the resolution was reasonable she incurred no professional-conduct violation.
Common questions
Frequently Asked
1
What does the historical term devoir mean in legal usage?+
It denotes a duty or tax.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…capacities: as a public ministerial officer of the United States and as agent of the President. In the first capacity his duty is to the United States or its citizens; in the other his duty is to the President. In the former capacity he is compellable by mandamus to do his duty; in the latter he is not. This…