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.
Search Results for: positive duty
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).
jus oneris ferendi
jus oneris ferendi (j[schwa]s on-[schwa]-ris f[schwa]-ren-dI). [Latin] Roman law. An urban praedial servitude granting the right for one’s own house to be supported by a neighbor’s. • The servitude was exceptional in requiring a positive duty of the servient owner.
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negative act
The failure to do something that is legally required; a nonoccurrence that involves the breach of a legal duty to take positive action. • This takes the form of either a forbearance or an omission. — Also termed act of omission.
nonfeasance
nonfeasance (non-feez-[schwa]nts), n. The failure to act when a duty to act existed. Cf. MALFEASANCE; MISFEASANCE; FEASANCE. [Cases: Municipal Corporations 735; Negligence 200. C.J.S. Municipal Corporations §§ 668, 671–672, 682; Negligence §§ 5–13, 15–20, 33, 64.] — nonfeasant, adj. — nonfeasor, n. “Hence there arose very early a difference, still deeply rooted in the law