DU glossary terms

Browse full definitions for every DU term in the Amicus glossary.

Dual Citizenship

/ˈdjuːəl sɪtɪˌzɛnʃɪp/

Definitions

  1. (n.) The status of an individual simultaneously recognized as a citizen by two distinct sovereign states, with rights and obligations in both.
    She holds dual citizenship in Canada and France, allowing her to live and work in both countries.

Commentary

Dual citizenship can affect legal rights such as voting, taxation, and military service, and may require careful consideration when drafting citizenship or immigration regulations.


Dual Employer

/ˈduːəl ɛmˈplɔɪər/

Definitions

  1. (n.) An entity that, together with another, simultaneously employs the same employee for the same work period, sharing control and responsibility for employment conditions.
    The worker claimed benefits from both companies, asserting they were dual employers under labor law.

Forms

  • dual employer
  • dual employers

Commentary

The concept of dual employer is important in labor and employment law because it can affect liability for wages, workplace safety, and employee benefits. Clarify shared control and direction to establish dual employer status.


Dual Employment

/ˈduːəl ɛmˈplɔɪmənt/

Definitions

  1. (n.) The simultaneous holding of two employment positions by a single individual, often raising questions about conflicts of interest and governance.
    The professor's dual employment at the university and a private company created concerns about bias.
  2. (n.) A legal status where an individual is considered employed by two separate entities for purposes such as compensation, liability, or benefits.
    Dual employment can affect workers' compensation claims and tax obligations.

Forms

  • dual employment

Commentary

Dual employment frequently requires careful contract drafting to clarify rights, duties, and avoid conflicts; it differs from moonlighting primarily in legal implications and employer awareness.


Dual Executive

/ˈduː.əl ɪɡˈzɛk.juː.tɪv/

Definitions

  1. (n.) A form of government where executive authority is divided between two separate offices, typically a president and a prime minister, each with distinct powers.
    The dual executive system in France divides powers between the president and the prime minister.

Forms

  • dual executive

Commentary

The term highlights structural division of executive power; important to distinguish from unitary executive models in drafting constitutional or comparative government analyses.


Dual Federalism

/ˈduːəl ˈfedərəlɪzəm/

Definitions

  1. (n.) A constitutional doctrine separating state and national government powers into two distinct spheres, each sovereign within its own domain.
    Dual federalism limits federal authority, reserving many powers to the states.

Forms

  • dual federalism
  • dual federalisms

Commentary

Dual federalism is often described as 'layer cake federalism' to emphasize the clear division between state and federal governments.


Dual Representation

/ˈdjuːəl ˌrɛprɪzɛnˈteɪʃən/

Definitions

  1. (n.) A legal ethical concept where an attorney represents two clients with potentially conflicting interests.
    The lawyer declined the case due to concerns about dual representation.
  2. (n.) In criminal law, representation by the same attorney in two related but legally distinct cases, raising conflict of interest issues.
    Dual representation in related criminal matters can lead to ethical complications.

Forms

  • dual representation

Commentary

Dual representation raises significant ethical questions; attorneys must ensure informed consent and avoid conflicts to uphold professional responsibility.


Dual-Use Technology

/ˈduːəl-ˈjuːs tɛkˈnɒlədʒi/

Definitions

  1. (n.) Technology used for both civilian and military applications, subject to regulation due to potential misuse.
    Exports of dual-use technology require government authorization to prevent military proliferation.

Forms

  • dual-use technology

Commentary

Legal discussions often focus on export controls for dual-use technology to balance technological development with security concerns.


Duality

/djuːˈælɪti/

Definitions

  1. (n.) The state of having two legally relevant aspects or components coexisting within a single entity or concept.
    The duality of ownership and possession often complicates property disputes.
  2. (n.) A principle recognizing two concurrent legal authorities or systems operating within the same jurisdiction.
    The duality of federal and state law requires careful legal navigation.

Forms

  • dualities

Commentary

In legal drafting, clarity is needed to specify which aspect of duality is intended—ownership versus possession, or dual legal systems—because the term's application varies by context.


Duchy

/ˈdʌtʃ.i/

Definitions

  1. (n.) A territory or domain ruled by a duke or duchess, often granted by a monarch as a form of noble jurisdiction.
    The duchy was inherited by the duke upon the death of his father.

Forms

  • duchies

Commentary

The term 'duchy' is primarily used to refer to a noble territorial entity; usage often appears in historical or constitutional contexts concerning monarchy and feudal land tenure.


Due

/djuː/

Definitions

  1. (adj.) Appropriate, owed, or owing at a certain time or in the normal course of events.
    The rent is due on the first of each month.
  2. (n.) A right, fee, or payment required by law or contract.
    He failed to pay his dues to the trade union.
  3. (n.) That which is owed or deserved, often referring to an entitlement or claim.
    She received the compensation due to her after the injury.

Commentary

In legal drafting, 'due' often modifies obligations or payments, emphasizing timeliness or correctness; clarity about what is 'due' avoids disputes over timing or amount.


Due Care

/ˈduː keər/

Definitions

  1. (n.) The standard of care that a reasonable person is expected to observe in a given situation, often applied to determine negligence.
    The defendant failed to exercise due care, leading to the plaintiff’s injury.
  2. (n.) The level of judgment, attention, and prudence legally required under particular circumstances to avoid harm or loss.
    Banks must exercise due care when handling customer transactions to prevent fraud.

Commentary

Due care is a foundational concept in tort law, guiding liability assessments; it is crucial to distinguish it from gross negligence, which involves a higher degree of fault.


Due Date

/ˈduː deɪt/

Definitions

  1. (n.) The legally established deadline by which a payment, obligation, or action must be performed.
    The tenant must pay rent by the due date specified in the lease agreement.
  2. (n.) The date by which a court filing, response, or procedural step must be completed to avoid penalties or default.
    The plaintiff missed the due date for submitting evidence, resulting in exclusion of the documents.

Commentary

Due date is critical in contract and procedural law to enforce timely performance and avoid legal consequences.


Due Diligence

/ˈduː ˈdɪlɪdʒəns/

Definitions

  1. (n.) A reasonable investigation or care exercised by a party before entering into an agreement or transaction.
    The buyer conducted due diligence before finalizing the merger.
  2. (n.) The process of verifying material facts and legal compliance in commercial transactions to mitigate risk.
    Due diligence uncovered liabilities that affected the deal price.

Commentary

Due diligence is often a contractual or statutory requirement; precise scope depends on context and jurisdiction.


Due Diligence Documents

/ˈduː ˈdɪlɪdʒəns ˈdɒkjʊmənts/

Definitions

  1. (n.) Documents compiled during an investigation to verify facts, financials, and legal standing before a transaction or investment.
    The buyer reviewed the due diligence documents before finalizing the merger.

Forms

  • due diligence documents
  • due diligence document

Commentary

Due diligence documents are central in transactional law, often comprising a wide range of evidentiary materials; careful organization and thoroughness in compiling these documents are critical for effective risk management.


Due Diligence Period

/ˈduː ˈdɪlɪdʒəns ˈpɪəriəd/

Definitions

  1. (n.) A specified timeframe in a contract during which parties investigate and verify facts before finalizing a transaction.
    The buyer conducted multiple inspections during the due diligence period before closing the sale.

Forms

  • due diligence period
  • due diligence periods

Commentary

Usually defined with clear start and end dates in contracts to allocate risk and opportunity to investigate before obligation becomes binding.


Due Diligence Report

/ˌduː ˈdɪlɪdʒəns rɪˈpɔːrt/

Definitions

  1. (n.) A comprehensive report prepared after systematic investigation to assess the legal, financial, and operational risks and opportunities related to a business transaction or investment.
    The due diligence report revealed outstanding liabilities that affected the acquisition decision.

Forms

  • due diligence report
  • due diligence reports

Commentary

Due diligence reports vary by transaction type; precise scope and contents should be clearly defined in engagement terms to avoid liability.


Due Notice

/ˈduː ˈnoʊtɪs/

Definitions

  1. (n.) Adequate and timely notification given to a party in accordance with legal requirements to enable them to act or respond.
    The landlord must provide due notice before terminating the lease.
  2. (n.) A formal and effectual communication that complies with statutory or contractual requirements.
    Due notice of the meeting was sent to all shareholders as required by the bylaws.

Commentary

Due notice implies both sufficiency in time and proper method; drafting should specify these criteria to avoid disputes regarding adequacy.


Due Process

/ˈduː ˈprɑːsɛs/

Definitions

  1. (n.) A constitutional guarantee that legal proceedings will be fair and that individuals will be given notice and an opportunity to be heard before any governmental deprivation of life, liberty, or property.
    The court ruled that the defendant was denied due process when he was not given a chance to present evidence.
  2. (n.) The procedural protections secured by the Fifth and Fourteenth Amendments to ensure fairness in governmental actions affecting individuals.
    Due process requires that the government follow established procedures before revoking a license.

Commentary

Due process encompasses both procedural safeguards and substantive protections, and drafters should specify which aspect is implicated in context.


Due Process Claim

/ˈduː ˈprɑːsɛs kleɪm/

Definitions

  1. (n.) A legal cause of action alleging that a government entity has violated a person's constitutional rights to fair legal procedures under the Due Process Clause.
    The plaintiff filed a due process claim after being denied a fair hearing.

Forms

  • due process claim
  • due process claims

Commentary

Due process claims often require showing either procedural unfairness or arbitrary governmental action; drafting should specify which aspect is alleged.


Due Process Clause

/ˈduː ˈprɑːsɛs klɔːz/

Definitions

  1. (n.) A constitutional provision that guarantees fair legal procedures before depriving a person of life, liberty, or property.
    The court held that the state violated the Due Process Clause by denying the defendant a fair trial.
  2. (n.) A clause found in the Fifth and Fourteenth Amendments to the U.S. Constitution that protects individuals from arbitrary government actions.
    The Due Process Clause is a fundamental protection against governmental abuse of power.

Forms

  • due process clause

Commentary

Often divided into substantive and procedural due process; drafters should specify which aspect is at issue for clarity.


Due Process of Law

/ˈduː ˈprɑːsɛs əv lɔː/

Definitions

  1. (n.) A constitutional principle ensuring fair treatment through the normal judicial system, especially as a citizen's entitlement to fair legal procedures before deprivation of life, liberty, or property.
    The court held that the defendant was denied due process of law when evidence was withheld.
  2. (n.) Legal requirement that the government must respect all legal rights owed to a person according to established rules and principles.
    Due process of law requires notice and an opportunity to be heard before any government action affecting rights is taken.

Forms

  • due process of law

Commentary

Due process serves as a safeguard from arbitrary denial of life, liberty, or property by the government, and is divided mainly into procedural and substantive aspects; drafters should specify which dimension is implicated to avoid ambiguity.


Due Process Violation

/ˈduː ˈprɑː.ses ˌvaɪ.əˈleɪ.ʃən/

Definitions

  1. (n.) The breach of procedural or substantive legal rights guaranteed by constitutional or statutory due process protections.
    The court ruled that the police's warrantless search constituted a due process violation.

Forms

  • due process violation
  • due process violations

Commentary

Often hinged on whether government action was fundamentally fair; careful drafting should specify which aspect of due process is alleged breached—procedural or substantive.


Due-On-Encumbrance Clause

/ˌduː.ɒn.ɪnˈkʌm.brəns klɔːz/

Definitions

  1. (n.) A mortgage provision allowing the lender to demand full repayment if the property is encumbered by another lien or if ownership changes.
    The due-on-encumbrance clause enabled the bank to call the loan when the borrower took out a second mortgage.

Forms

  • due-on-encumbrance clause
  • due-on-encumbrance clauses

Commentary

This clause is primarily used by lenders to protect their security interest against third-party claims or transfers without consent.


Due-On-Sale Clause

/ˈduː ɒn seɪl klɔːz/

Definitions

  1. (n.) A mortgage or loan provision requiring full repayment if the secured property is sold or transferred.
    The due-on-sale clause was triggered when the homeowner transferred the deed to a family member.

Forms

  • due-on-sale clause
  • due-on-sale clauses

Commentary

Commonly included in mortgages to protect lenders by preventing assumption of the loan by unauthorized parties.


Duel

/ˈduː.əl/

Definitions

  1. (n.) A prearranged combat between two persons to settle a point of honor, historically governed by specific rules and often illegal or prohibited by law.
    The defendant was charged after engaging in an illegal duel with his rival.

Forms

  • duels
  • dueled
  • dueling

Commentary

Though largely obsolete and illegal, the concept of a duel retains historical significance in understanding the evolution of criminal law regarding assault and homicide.


Dues Collection

/ˈdjuːz kəˈlɛkʃən/

Definitions

  1. (n.) The process of legally or contractually obtaining membership fees or charges from individuals or entities obligated to pay them.
    The union's dues collection ensures funding for member representation.

Forms

  • dues collection

Commentary

Typically governed by statutes or agreements specifying methods and enforcement for periodic fee remittance.


Dui

/ˌdjuːˈaɪ/

Definitions

  1. (n.) Driving under the influence; the criminal offense of operating a vehicle while impaired by alcohol or drugs beyond legal limits.
    He was arrested for a DUI after failing the breathalyzer test at the roadside checkpoint.

Forms

  • dui
  • duis

Commentary

Commonly used interchangeably with 'DWI' though legal distinctions vary by jurisdiction.


Duke

/ˈdjuːk/

Definitions

  1. (n.) A nobleman of the highest hereditary rank below the monarch, holding a dukedom.
    The duke presided over his estates with considerable political influence.
  2. (n.) Historically, a ruler of a territorial duchy, often sovereign in medieval Europe.
    The duke exercised autonomous authority within his duchy.

Forms

  • dukes

Commentary

In legal contexts, 'duke' primarily refers to a hereditary title of nobility, often associated with specific legal privileges, estates, or parliamentary rights in peerage law.


Dump

/dʌmp/

Definitions

  1. (n.) A site where waste or refuse is disposed of, often regulated under environmental law.
    The company was fined for illegal waste disposal at an unpermitted dump.
  2. (v.) To dispose of waste or unwanted materials, sometimes unlawfully or without proper authorization.
    The firm dumped hazardous chemicals in the river, violating environmental regulations.
  3. (v.) To abruptly terminate a contractual relationship or obligation.
    The client dumped the service provider without prior notice, breaching the contract.

Forms

  • dump
  • dumps
  • dumped
  • dumping

Commentary

In legal contexts, 'dump' often implies environmental regulatory concerns or contract termination; precise usage depends on context.


Dumpster Diving

/ˈdʌmpstər ˈdaɪvɪŋ/

Definitions

  1. (n.) The act of searching through commercial or residential waste to find usable items, sometimes relevant in cases of privacy, property law, or evidence discovery.
    The defendant was charged after engaging in dumpster diving and retrieving confidential documents.

Forms

  • dumpster diving

Commentary

Dumpster diving implicates issues of ownership and privacy; legal risks arise particularly when entering private property or handling protected information.


Dupe

/ˈduːp/

Definitions

  1. (n.) A person who is deceived or defrauded, especially in a legal context involving fraud or misrepresentation.
    The plaintiff proved he was a dupe of the fraudulent scheme.
  2. (v.) To deceive or defraud someone, often to induce them to give up property or rights.
    The scam artist duped investors into signing false contracts.

Forms

  • dupe
  • dupes
  • duped
  • duping

Commentary

Commonly used in legal contexts to describe victims or actions involving deception; careful drafting should specify the nature of the dupe relationship to clarify liability.


Duplicate

/ˈduːplɪkət/

Definitions

  1. (n.) An exact copy of a legal document or record made to preserve the original or for official use.
    The court required a duplicate of the contract for its records.
  2. (adj.) Exact and identical in every detail, especially referring to documents or evidence.
    The lawyer submitted duplicate files to the opposing counsel.
  3. (v.) To make an exact copy of a document or record.
    The clerk duplicated the signed agreement for both parties.

Forms

  • duplicates
  • duplicated
  • duplicating

Commentary

In legal drafting, differentiate 'duplicate' from similar terms like 'copy' by emphasizing its use for official or exact copies; the term can function as noun, adjective, or verb depending on context.


Duplication

/ˌduːplɪˈkeɪʃən/

Definitions

  1. (n.) The act or process of making an exact copy of a document, record, or data in a legal context, often relevant in evidence handling or intellectual property.
    The duplication of the contract was necessary for all parties involved.
  2. (n.) The improper or fraudulent use of the same claim, document, or evidence more than once in legal proceedings.
    The court dismissed the case due to duplication of claims.

Forms

  • duplications

Commentary

In legal drafting, duplication is distinct from mere copying as it may imply issues around evidence authenticity or claims redundancy.


Durable

/ˈdʊr.ə.bəl/

Definitions

  1. (adj.) Capable of withstanding legal obligations, terms, or effects over a long period, often referring to powers or instruments that remain effective despite changes in circumstances.
    A durable power of attorney remains valid even if the principal becomes incapacitated.

Commentary

In legal drafting, durability often implies continuity and enforceability of rights or obligations despite intervening events, such as incapacity or termination of related conditions.


Durable Goods

/ˈdjʊrəbl ɡʊdz/

Definitions

  1. (n.) Tangible personal property that is expected to last for a long time and is used in the production of goods or services, often relevant in contracts and sales law.
    The contract specified the terms for the sale of durable goods such as machinery and vehicles.

Forms

  • durable good

Commentary

In legal contexts, durable goods are distinguished from consumable goods because their longer useful life affects contract terms and protections under sales law.


Durable Power of Attorney

/ˈdjʊərəbl ˈpaʊər ʌv əˈtɜːrni/

Definitions

  1. (n.) A legal document granting an agent authority to act on behalf of the principal, which remains effective even if the principal becomes incapacitated.
    She executed a durable power of attorney to ensure her financial affairs would be managed if she became incapacitated.

Forms

  • durable powers of attorney

Commentary

Durability distinguishes it from a general power of attorney by remaining effective upon incapacity of the principal.


Durable Power of Attorney for Healthcare

/ˈdʊərəbl ˈpaʊər ʌv əˈtɜːrni fər ˈhɛlθkɛər/

Definitions

  1. (n.) A legal document authorizing a designated agent to make healthcare decisions on behalf of the principal if they become unable to decide for themselves, remaining effective through incapacity.
    She executed a durable power of attorney for healthcare to ensure her medical wishes would be followed if she became incapacitated.

Forms

  • durable power of attorney for healthcare
  • durable powers of attorney for healthcare

Commentary

Durability distinguishes this power of attorney from non-durable forms by surviving the principal's incapacity, a critical factor in healthcare contexts.


Duration

/djuːˈreɪʃən/

Definitions

  1. (n.) The length of time during which something lasts or is in effect in a legal context.
    The duration of the contract is five years.
  2. (n.) The period for which a legal remedy or right continues to apply.
    The statute of limitations defines the duration for filing claims.

Forms

  • durations

Commentary

In legal drafting, specifying duration precisely is critical to avoid ambiguity regarding the temporal scope of rights and obligations.



Duress

/dʊˈrɛs/

Definitions

  1. (n.) Compulsion by threat or force to act against one's will, invalidating consent in legal agreements.
    The contract was voided due to duress exerted on one party.
  2. (n.) Unlawful constraint exercised to obtain an agreement or confession.
    The confession was excluded because it was made under duress.

Commentary

In contract and criminal law, duress negates voluntary consent; precise identification of threats and their illegality is essential.


During

/ˈdjʊərɪŋ/

Definitions

  1. (prep.) Throughout the course or period of (a specified event or time).
    The contract remains valid during the term agreed upon.

Commentary

Used to specify the temporal scope of rights, obligations, or events in legal texts.


Duties and Tariffs

/ˈduːtiz ænd ˈtærɪfs/

Definitions

  1. (n.) Mandatory payments imposed by a government on imported or exported goods, serving revenue and regulatory functions.
    The company had to pay increased duties and tariffs on imported steel.
  2. (n.) Legal obligations or responsibilities owed by one party to another, particularly under contracts or statutes.
    The contract enumerates the duties and tariffs the seller must observe regarding product quality.

Forms

  • duties and tariffs

Commentary

The term combines fiscal levies on trade goods with broader legal obligations; context determines which sense applies.


Duties of Loyalty

/ˈduːtiz ʌv ˈlɔɪəlti/

Definitions

  1. (n.) Legal obligations requiring fiduciaries to act in the best interests of another party, avoiding self-dealing and conflicts of interest.
    Directors must adhere to their duties of loyalty when making corporate decisions.

Forms

  • duty of loyalty

Commentary

The duties of loyalty are a core subset of fiduciary duties emphasizing the prohibition of personal gain at the expense of the principal.


Duty

/ˈduːti/

Definitions

  1. (n.) A legal or moral obligation to act or forbear in a prescribed manner.
    The defendant owed a duty of care to the plaintiff.
  2. (n.) A tax or custom levied by a government on imported or exported goods.
    The company paid import duties on the shipment.

Forms

  • duties

Commentary

In legal contexts, "duty" often implies a binding responsibility that can give rise to liability if breached; distinctions between legal and moral duties are important in drafting and interpretation.


Duty Deferment

/ˈdjuːti dɪˈfɜːrmənt/

Definitions

  1. (n.) A legal arrangement permitting the postponement of payment of duties or taxes, often used in customs to delay cash flow impact.
    The importer applied for duty deferment to delay tax payment until the goods were sold.

Forms

  • duty deferment

Commentary

Duty deferment is often governed by strict regulatory conditions to prevent abuse and ensure eventual compliance with tax obligations.


Duty Distribution

/ˈdjuːti dɪˌstrɪbjuˈʃən/

Definitions

  1. (n.) The allocation of responsibilities or obligations among parties, typically within contracts or organizational frameworks to ensure clarity and efficiency.
    The duty distribution outlined in the partnership agreement clarified each partner's legal obligations.

Forms

  • duty distribution
  • duty distributions

Commentary

In legal drafting, clearly specifying duty distribution helps prevent disputes by defining who is responsible for each obligation.


Duty Drawback

/ˈduːti ˈdrɔːbæk/

Definitions

  1. (n.) A customs or tax refund granted to importers or manufacturers when imported goods are subsequently exported or used in the production of exported goods, effectively rebating duties paid.
    The company claimed a duty drawback after exporting the finished products that incorporated imported components.

Forms

  • duty drawback
  • duty drawbacks

Commentary

Duty drawback provisions are designed to promote exports and prevent double taxation on goods; precise qualification criteria vary by jurisdiction.


Duty Exemption

/ˈdjuːti ɪgˈzɛmpʃən/

Definitions

  1. (n.) A legal or regulatory provision that exempts certain persons, goods, or transactions from the obligation to pay customs duty or other taxes.
    The import of medical equipment received a duty exemption under the new trade policy.

Forms

  • duty exemption
  • duty exemptions

Commentary

Duty exemptions are often narrowly tailored in legislation to promote trade, humanitarian aid, or specific industries, requiring precise statutory interpretation.


Duty Hours

/ˈdjuːti ˈaʊərz/

Definitions

  1. (n.) The legally defined or contractually agreed-upon hours during which an employee or professional is required to perform their duties.
    The healthcare provider must adhere to duty hours set by the governing medical board.

Forms

  • duty hours

Commentary

Duty hours often appear in employment contracts and regulatory standards to limit work duration for safety and fairness.


Duty of Care

/ˈdjuːti əv keər/

Definitions

  1. (n.) A legal obligation requiring individuals or entities to conform to a standard of reasonable care to avoid causing harm to others.
    The defendant breached the duty of care by failing to maintain safe premises.

Commentary

Duty of care typically arises in tort law to establish liability; clarity on the applicable standard of care is crucial in drafting and litigation.


Duty of Disclosure

/ˈduːti əv dɪsˈkloʊʒər/

Definitions

  1. (n.) A legal obligation to reveal all material facts to another party, typically in contracts or negotiations, to ensure informed decision-making and prevent fraud.
    The seller breached the duty of disclosure by hiding defects in the property.
  2. (n.) In insurance law, the obligation of the insured to provide the insurer with all relevant information that could affect the terms or acceptance of the insurance policy.
    Failure to fulfill the duty of disclosure can lead to policy avoidance by the insurer.

Forms

  • duty of disclosure

Commentary

The duty of disclosure often varies by jurisdiction and context, especially between general contract law and insurance law; clarity in drafting the scope and timing of disclosures is essential.


Duty of Good Faith

/ˈdjuːti əv ɡʊd feɪθ/

Definitions

  1. (n.) An obligation requiring parties to act honestly and fairly toward each other, refraining from deception or undermining the purpose of a contract or legal relationship.
    The duty of good faith prevented the company from unfairly exploiting the contract loophole.

Forms

  • duty of good faith

Commentary

Often implied in contracts, this duty ensures parties do not act in a way that frustrates the contract's purpose, even where not explicitly stated.


Duty of Loyalty

/ˈduːti əv ˈlɔɪəlti/

Definitions

  1. (n.) A fiduciary obligation requiring an individual to act in the best interest of another party, avoiding conflicts of interest and self-dealing.
    Directors have a duty of loyalty to prioritize the corporation's interests over their own.
  2. (n.) An ethical and legal principle restraining agents or fiduciaries from exploiting their position for personal gain at the expense of their principal.
    Breach of the duty of loyalty can lead to legal liability for damages caused by undisclosed conflicts.

Commentary

The duty of loyalty is central in corporate and fiduciary law to ensure trust and prevent self-interest from undermining the principal's welfare.


Duty Shift

/ˈduːti ʃɪft/

Definitions

  1. (n.) A designated period during which an employee is assigned to perform work or responsibilities, potentially carrying legal obligations regarding labor standards and employer duties.
    The nurse's duty shift was scheduled from 7 p.m. to 7 a.m., ensuring continuous patient care.

Forms

  • duty shift
  • duty shifts

Commentary

In legal contexts, 'duty shift' often involves regulations on working hours, rest periods, and employee rights; clear contract terms help prevent disputes.


Duty Suspension

/ˈdjuːti səˈspɛnʃən/

Definitions

  1. (n.) A temporary removal or postponement of duty or tax imposed on imported goods, often to encourage trade or relieve domestic industry.
    The government announced a duty suspension on steel imports to protect the local market.
  2. (n.) The act of pausing enforcement of a customs duty as authorized by law or regulation.
    A duty suspension may be granted during trade negotiations.

Forms

  • duty suspension
  • duty suspensions

Commentary

Duty suspension typically involves official administrative action and differs from permanent duty exemption; clear drafting should specify duration and conditions.


Duty to Act

/ˈduːti tə ækt/

Definitions

  1. (n.) A legal obligation requiring an individual or entity to take specific action, often to prevent harm or fulfill a statutory mandate.
    The firefighter has a duty to act when someone is in danger.
  2. (n.) An obligation under criminal or civil law mandating intervention in certain circumstances to avoid liability.
    Failure to provide assistance to a victim may breach the duty to act.

Commentary

The duty to act is distinct from a general moral obligation; in law, it arises only under specific statutory or relational conditions.


Duty to Assist

/ˈduːti tə əˈsɪst/

Definitions

  1. (n.) A legal obligation requiring a party, often a government agency or insurer, to help a claimant obtain evidence and otherwise support claim processing.
    The veteran's duty to assist includes providing relevant military records to support the claim.

Forms

  • duty to assist

Commentary

Commonly arises in administrative law and insurance contexts to ensure fair adjudication through proactive evidence gathering by the adjudicator or insurer.


Duty to Disclose

/ˈduːti tə dɪsˈkloʊz/

Definitions

  1. (n.) An obligation imposed by law or contract to reveal material information relevant to a transaction or relationship.
    The seller's duty to disclose defects in the property protects the buyer from hidden risks.
  2. (n.) A fiduciary's requirement to inform beneficiaries or principals about facts affecting their interests.
    The trustee has a duty to disclose all conflicts of interest to the beneficiaries.

Forms

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Commentary

The duty to disclose varies by context, often hinging on materiality and the nature of the relationship; careful drafting should specify the scope and extent of disclosure required.


Duty to Inform

/ˈdjuːti tuː ɪnˈfɔːrm/

Definitions

  1. (n.) An obligation imposed by law or contract to disclose material information to another party.
    The agent breached the duty to inform when failing to disclose the known defects in the property.
  2. (n.) A fiduciary responsibility requiring one party to provide information necessary for informed decision-making by the other party.
    Directors have a duty to inform shareholders of significant corporate developments.

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Commentary

The duty to inform often arises in fiduciary and contractual contexts and requires careful consideration of what constitutes 'material' information necessitating disclosure.


Duty to Mitigate

/ˈduːti tuː ˈmɪtɪɡeɪt/

Definitions

  1. (n.) An obligation upon a party suffering loss to take reasonable steps to reduce the amount of damage or loss incurred.
    The plaintiff failed in their duty to mitigate damages by not seeking alternative employment after dismissal.

Forms

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Commentary

The duty to mitigate requires injured parties to act reasonably to limit losses; failure to do so can reduce recoverable damages.


Duty to Notify

/ˈdjuːti tuː nɒtɪˌfaɪ/

Definitions

  1. (n.) An obligation imposed by law or contract requiring a party to inform another party of certain facts or events.
    The duty to notify the tenant of lease violations is essential to enforce the contract.
  2. (n.) A legal responsibility to provide formal notice to affected parties to protect their rights or interests.
    The insurer breached its duty to notify the policyholder about the claim denial.

Forms

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Commentary

This term frequently arises in contract law, insurance law, and regulatory compliance; clarity in timing and method of notification is crucial for enforceability.


Duty to Report

/ˈduːti tə rɪˈpɔːrt/

Definitions

  1. (n.) A legal or ethical obligation imposed on an individual or entity to disclose certain information to authorities or relevant parties.
    The company's duty to report financial irregularities is mandated by law.
  2. (n.) An obligation in professional contexts (e.g., healthcare, law enforcement) to notify designated bodies about specific events or conditions, such as abuse or threats to public safety.
    Doctors have a duty to report suspected child abuse to the authorities.

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Commentary

The duty to report may vary substantially by jurisdiction and context; clear drafting should specify the scope, timing, and authority to whom reporting is due.


Duty to Rescue

/ˈdjuːti tuː ˈrɛskjuː/

Definitions

  1. (n.) A legal obligation requiring an individual to provide reasonable assistance to a person in peril when it is safe to do so.
    The court considered whether the defendant breached the duty to rescue in failing to aid the injured pedestrian.

Commentary

The duty to rescue varies widely by jurisdiction and typically applies only when a special relationship exists or when the rescuer's intervention does not impose unreasonable risk.


Duty to Warn

/ˈduːti tə wɔːrn/

Definitions

  1. (n.) A legal obligation requiring an individual or entity to warn others of foreseeable dangers to prevent harm.
    The company breached its duty to warn consumers about the defective product.
  2. (n.) Specifically, a duty imposed on professionals (e.g., mental health providers) to notify potential victims of threats made by a client.
    The therapist fulfilled the duty to warn when notifying authorities about the patient's violent threats.

Forms

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Commentary

The duty to warn often arises in tort law and professional ethics; precise scope varies by jurisdiction and context.

Glossary – DU Terms