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Usually city government has a duty of care to repair and maintain the sidewalk. In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence.
In Canada, duty counsel perform functions that would, in the British system, be performed by barristers and by solicitors. The duty counsel is paid by an agency of the provincial government (for example, Legal Aid Ontario) who provides limited legal services in criminal, family law and child protection matters to people who are currently under arrest, or who arrive at court without ...
"Duty" by Edmund Leighton. A duty (from "due" meaning "that which is owing"; Old French: deu, did, past participle of devoir; Latin: debere, debitum, whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may arise from a system of ethics or morality, especially in an honor culture.
Legal obligation; A measure of mental capacity, used in deciding the extent to which a person can be held accountable for a crime; see diminished responsibility. Specific duties imposed upon persons to care or provide for others, such as the parents' duty to the child or the guardianship of a ward. A person's role in causing an event to happen.
The first element of negligence is the legal duty of care. This concerns the relationship between the defendant and the claimant, which must be such that there is an obligation upon the defendant to take proper care to avoid causing injury to the plaintiff in all the circumstances of the case.
Thus an obligation encompasses both sides of the equation, both the obligor's duty to render prestation and the obligee's right to receive prestation. It differs from the common-law concept of obligation which only encompasses the duty aspect. Every obligation has four essential requisites otherwise known as the elements of obligation. They are:
The bizarre legal defence, put forward by the former president’s attorneys, comes in response to a suit filed by Citizens for Responsibility and Ethics in Washington (CREW), which seeks to have ...
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...