Also known as: duties · legal obligation
Written by attorneys · grounded in primary & secondary sources — see below
A legal obligation that one party owes to another.
Daniel Diaz contracted to sell land to Dolores Diaz. At closing the title search revealed an unreleased lien from a prior owner. Dolores refused to close and sued for rescission. The court held that Daniel had a duty to convey marketable title free from reasonable doubt and that the lien rendered title unmarketable.
Congress enacted a statute imposing a uniform excise on imported electronics. Decker Electronics challenged the levy as nonuniform. The court upheld the statute because Article I Section 8 grants Congress power to lay duties that are uniform throughout the United States.
Select any source to read its text and confirm it supports the definition.
Diana Delgado noticed a deposition under Rule 30(b)(6) on Dixon Foods and described the topics with particularity. Dixon Foods failed to designate officers or agents to testify. The court ordered the company to fulfill its duty to confer and designate persons with knowledge of the matters listed.
During a criminal trial two jurors became ill and could not continue. The court impaneled alternate jurors who had been sworn at the outset. The alternates assumed their duty to deliberate and decide the case in place of the excused jurors.
Diego Duarte was called as a witness at trial. Before questioning began the court required him to give an oath or affirmation designed to impress the duty of truthfulness on his conscience. Diego complied and then testified about events he personally observed.
Dwight Dorsey managed a warehouse and learned that employees planned to steal inventory. He had a legal duty to prevent the theft yet took no steps to stop it. Under the Model Penal Code he became liable as an accomplice for failing to make a proper effort to prevent the offense.
The seller must show that title is free from reasonable doubt and that a reasonably prudent purchaser with full knowledge of the facts would accept it. Recorded liens or gaps in the chain of title render title unmarketable unless cured before closing.
Yes. Article I Section 8 authorizes Congress to lay and collect taxes, duties, imposts, and excises provided they are uniform throughout the United States.
The organization violates its duty to confer in good faith and to designate persons who will testify about information known or reasonably available to it. The court may impose sanctions or compel designation.
The court may impanel up to six alternates to replace jurors who become unable to perform or are disqualified from performing their duties during trial.
The oath or affirmation must be in a form designed to impress the duty to testify truthfully on the witness's conscience.
A person becomes liable as an accomplice when, having a legal duty to prevent the commission of an offense, the person fails to make a proper effort to do so.
…to the validity of letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State to be sealed and…