active duty
active duty. 1. Military law. The full-time status of being in any of the U.S. armed forces. 2. See positive duty under DUTY(1).
Search Results for: ACTIVE DUTY
active operations duty
active-operations duty. Maritime law. A shipowner’s obligation to provide safe working conditions, in the work areas that it controls, for the longshoremen who are loading or unloading the ship. — Also termed ac-tive-control-of-vessel duty. Cf. TURNOVER DUTY; INTERVENTION DUTY. [Cases: Shipping 84(3.2).]
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active trust
A trust in which the trustee has some affirmative duty of management or administration besides the obligation to transfer the property to the beneficiary. — Also termed express active trust; special trust; operative trust. Cf. passive trust. [Cases: Trusts 135. C.J.S. Trover and Conversion §§ 13, 242.]
active concealment
The concealment by words or acts of something that one has a duty to reveal. [Cases: Fraud 16.]
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positive duty
A duty that requires a person either to do some definite action or to engage in a continued course of action. — Also termed active duty.
attractive nuisance doctrine
attractive-nuisance doctrine. Torts. The rule that a person who owns property on which there is a dangerous thing or condition that will foreseeably lure children to trespass has a duty to protect those children from the danger ( the attractive-nuisance doctrine imposed a duty on the school to protect the children from the shallow, polluted
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turnover duty
turnover duty. Maritime law. A shipowner’s obligation to provide safe working conditions and to give notice of any nonobvious hazards regarding instruments and areas that the shipowner turns over to the stevedore and longshoremen while the ship is being loaded or unloaded. Cf. ACTIVE-OPERATIONS DUTY; INTERVENTION DUTY. [Cases: Shipping 84(3).]
intervention duty
intervention duty. Maritime law. A shipowner’s obligation to remedy hazardous working conditions for longshore workers, even though the shipowner did not create the condition, when the shipowner knows of a nonobvious condition arising in an area that cannot be avoided by the longshore workers in performing their duties. Cf. ACTIVE-OPERATIONS DUTY; TURNOVER DUTY. [Cases: Shipping
substantial performance doctrine
substantial-performance doctrine. The rule that if a good-faith attempt to perform does not precisely meet the terms of an agreement or statutory requirements, the performance will still be considered complete if the essential purpose is accomplished, subject to a claim for damages for the shortfall. • Under the Uniform Probate Code, a will that is
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military allotment
military allotment. Family law. A child-support deduction from the salary of an obligor parent on active duty in the United States military and paid to the obligee parent. See attachment of wages under ATTACHMENT(1).
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