Affirmative Duty
/əˈfɜːrmətɪv ˈduːti/
Definitions
- (n.) A legal obligation requiring a party to take specific positive actions to prevent harm or ensure compliance with a legal standard.
The fiduciary owes an affirmative duty to act in the best interest of the beneficiary.
- (n.) An obligation imposed by law to disclose material facts or information, beyond mere non-disclosure, to prevent fraud or unfairness.
The seller has an affirmative duty to disclose latent defects in the property.
Forms
- affirmative duty
- affirmative duties
Related terms
See also
Commentary
Affirmative duties contrast with duties of non-interference; drafters should clearly distinguish between obligations to act and mere prohibitions.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.