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Duty Of Honest Contractual Performance
A duty (from "due" meaning "that which is owing"; , past participle of ; , 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. Many duties are created by law, sometimes including a codified punishment or liability for non-performance. Performing one's duty may require some sacrifice of self-interest. A sense-of-duty is also a virtue or personality trait that characterizes someone who is diligent about fulfilling individual duties or who confidently knows their calling. A sense-of-duty can also come from a need to fulfill familial pressures and desires. This is typically seen in a militaristic or patriotic way. A distinction is commonly made between "positive duties", which a person must undertake, and "negative duties", which relate to actions from which a person must refrain. Michael Freeman notes that negative duties may be easi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister (religion)
In Christianity, a minister is a person authorised by a church or other religious organization to perform functions such as teaching of beliefs; leading services such as weddings, baptisms or funerals; or otherwise providing spiritual guidance to the community. The term is taken from Latin ''minister'' ("servant", "attendant"). In some church traditions the term is usually used for people who have been ordained, but in other traditions it can also be used for non-ordained. In the Catholic Church, the Eastern Orthodox Church, the Oriental Orthodox Church, Anglicanism and Lutheranism, the concept of a priesthood is emphasized, though in the Church of England there are nearly as many non-ordained licensed lay ministers as there are paid clergy. In other traditions such as Baptist, Methodist, and Reformed groups like Congregationalists and Presbyterians, the term "minister" usually refers to a member of the ordained clergy who leads a congregation or participates in a role ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misprision Of Felony
Misprision of felony is a form of misprision, and an offence under the common law of England that is no longer active in many common law countries. Where it was or is active, it is classified as a misdemeanor. It consists of failing to report knowledge of a felony to the appropriate authorities. Exceptions were made for close family members of the felon and where the disclosure would tend to incriminate the reporter himself. With the development of the modern law, this crime has been discarded in many jurisdictions, and is generally only applied against persons placed in a special position of authority or responsibility. In this case, the offence of misfeasance in public office or malfeasance in public office may be considered instead. For example, corrections officers who stand idly by while drug trafficking occurs within the prison may be prosecuted for this crime. It has been abolished in: * England, Wales and Scotland, as part of the criminal law reforms that abolish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Retreat
In law, the duty to retreat, or requirement of safe retreat,''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> is a legal requirement in some jurisdictions that a threatened person cannot harm another in self-defense (especially lethal force) when it is possible instead to retreat to a place of safety. This requirement contrasts with some other jurisdictions to '' stand one's ground'', meaning being allowed to defend one's self instead of retreating. It is a specific component which sometimes appears in the criminal defense of self-defense, and which must be addressed if criminal defendants are to prove that their conduct was justified. Depending on the state the criminal defendants have to prove a minimal time period of safe retreat. English law In English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Rescue
A duty to rescue is a concept in tort law and criminal law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury or death without being rescued. The exact extent of the duty varies greatly between different jurisdictions. In common law systems, it is rarely formalized in statutes which would bring the penalty of law down upon those who fail to rescue. This does not necessarily obviate a moral duty to rescue: though law is binding and carries government-authorized sanctions and awarded civil penalties, there are also separate ethical arguments for a duty to rescue even where law does not punish failure to rescue. Common law system In the common law of most English-speaking countries, there is no general duty to come to the rescue of another. Generally, a person cannot be held liable for doing nothing while another person is in peril. However, such a duty ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Import Duty
A tariff or import tax is a duty imposed by a national government, customs territory, or supranational union on imports of goods and is paid by the importer. Exceptionally, an export tax may be levied on exports of goods or raw materials and is paid by the exporter. Besides being a source of revenue, import duties can also be a form of regulation of foreign trade and policy that burden foreign products to encourage or safeguard domestic industry. Protective tariffs are among the most widely used instruments of protectionism, along with import quotas and export quotas and other non-tariff barriers to trade. Tariffs can be fixed (a constant sum per unit of imported goods or a percentage of the price) or variable (the amount varies according to the price). Tariffs on imports are designed to raise the price of imported goods to discourage consumption. The intention is for citizens to buy local products instead, which, according to supporters, would stimulate their country's econo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Settle
In law, the duty to settle is an insurer's implied obligation to accept a settlement in a case against one of its insured parties if it is likely that a potential judgement against the insured will exceed policy limits. If a liability insurer exposes the insured to excess risk by failing to settle within policy limits, they may be liable for any damages incurred. United States law Liability insurance policies in the United States typically make no express contractual promise to settle. California In California, "an insurer, who wrongfully refuses to accept a reasonable settlement within the policy limits is liable for the entire judgment against the insured even if it exceeds the policy limits." California Insurance Code §790-790.15 states that the insurer has an obligation to attempt "in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear." A rationale for this duty is that " en an offer is made to settl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty To Defend
The duty to defend is a contractual indemnitor or liability insurer's duty to defend the insured or indemnified party against claims. It is generally broader than the duty to indemnify and may cover defense against claims where ultimately no damage is awarded, and possibly even against claims that would not be covered by the duty to indemnify. It covers both civil suits and alternative dispute resolution procedures. In American courts disputes regarding the application of the duty to defend are generally resolved in the insured's favor. Under California's Civil Code A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdiction ..., in the interpretation of a contract of indemnity, "an indemnity against claims, or demands, or liability, expressly, or in other equivalent terms, embraces the costs of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Candour
In UK public law, the duty of candour is the duty imposed on a public authority "not to seek to win litigation at all costs but to assist the court in reaching the correct result and thereby to improve standards in public administration." Lord Donaldson MR in ''R v Lancashire County Council ex p. Huddleston'' stated that public servants should be willing "to explain fully what has occurred and why." There is also a duty of candour referred to in various contexts as a professional, contractual or statutory duty, which is imposed on all NHS and non-NHS providers of services to NHS patients in the UK to "provide to the service user and any other relevant person all necessary support and all relevant information" in the event that a "reportable patient safety incident" occurs. A "reportable patient safety incident" is one which could have or did result in moderate or severe harm or death. The statutory duty of candour is provided for in Regulation 20 of the Health and Social Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In Tort, tort law, a duty of care is a legal Law of obligations, obligation that is imposed on an individual, requiring adherence to a standard of care, standard of Reasonable person, reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence. The claimant must Cause of action, be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the established and implicit responsibilities held by individuals/entities towards others within society. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Professional Responsibility
Professional responsibility is a set of duties within the concept of professional ethics for those who exercise a unique set of knowledge and skill as professionals. Professional responsibility applies to those professionals making judgments, applying their unique skills, and reaching informed decisions for, or on behalf, of others, as professionals. Professionals must be seen to exercise due care and responsibility in their areas of specialisation – known as professions. What makes professionals unique, is that the general public would not ordinarily be expected to know in detail the skills and knowledge of a profession independently. In a modern context, professional responsibility encompasses an array of the personal, corporate, and humanitarian standards of behaviour, as expected by clients, fellow professionals, and professional bodies. Origins and History Professional responsibility historically applied to secularly taught professions including medicine, law, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Loco Parentis
The term ''in loco parentis'', Contemporary Latin, Latin for "in the place of a parent", refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from English common law, the doctrine is applied in two separate areas of the law. First, it grants educational institutions such as colleges and schools discretion to act in the best interests of their students, although not allowing what would be considered violations of the students' civil liberties. Second, this doctrine may allow a non-biological parent to exercise the legal rights and responsibilities of a biological parent if they have held themselves out as the parent. The ''in loco parentis'' doctrine is distinct from the doctrine of ''parens patriae'', the psychological parent doctrine, and adoption. Situation specific Education Primary and secondary education Cheadle Hulme School, originally known as the Manchester Warehousemen a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
