Legal Definitions - passive duty

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Definition of passive duty

Passive duty is a type of duty that forbids someone from doing something or requires someone to abstain from something. It is also known as negative duty. For example, a doctor has a passive duty not to harm their patient by prescribing the wrong medication or performing a procedure incorrectly. Similarly, a driver has a passive duty not to drive under the influence of drugs or alcohol, which could harm others on the road.

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Simple Definition

Passive duty is a type of duty that requires a person to refrain from doing something. It is also known as negative duty. For example, a person has a passive duty not to harm others or their property. This duty is owed to others and failure to fulfill it can result in liability. Passive duty is different from active duty, which requires a person to take a positive step to do something.

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