Legal Definitions - passive

The term "passive" refers to a lack of action or inactivity. In legal contexts, it can be used to describe various situations:

• Passive breach of contract: This occurs when someone fails to fulfill their obligations under a contract. For example, if a contractor neglects to complete a project according to the agreed-upon terms, they are guilty of passive breach of contract.
• Passive negligence: This refers to a failure to take action that should have been taken. For instance, if a property owner fails to fix a dangerous condition on their premises, they may be held liable for passive negligence if someone is injured as a result.
• Passive trust: This is a type of trust in which the trustee has no duties or responsibilities beyond holding the title of the trust for the benefit of the beneficiary.
• Passive concealment: This occurs when a seller knows of a defect in a product they are selling but does not disclose it to the buyer. For example, if a car dealer knows that a vehicle has a faulty transmission but does not inform the buyer, they are guilty of passive concealment.
• Passive income: This is income that is earned without active effort or management. Examples include investment income, rental income, and royalties from creative works.

These examples illustrate how the term "passive" can be used to describe situations where someone fails to take action or fulfill their responsibilities. In each case, the lack of action or effort on the part of the individual involved has negative consequences for others.