Duty — in plain language
something you are legally required to do (or not do) — if you fail to meet this requirement, you can be held responsible in court
From a fixed, curated glossary of 7,257 legal terms. Not legal advice. How it's made: plainlanguage.us/trust
Plain language
something you are legally required to do (or not do) — if you fail to meet this requirement, you can be held responsible in court
- legal obligation
- requirement
- responsibility
- what you must do by law
What to watch for
- The everyday meaning ('a job or task') misses the legal consequence — failing to meet a legal duty can result in lawsuits or criminal charges.
- Tax duty (customs duty) is completely different from duty as obligation — using the same plain-language phrase for both creates confusion.
- Fiduciary duty requires putting another's interests first — translating it as just 'responsibility' loses this crucial element of loyalty and trust.
- Duty of care is about reasonable caution, not perfection — non-lawyers often think it means you must prevent all harm.
Why This Term Is Hard to Translate. "Duty" sounds like a simple everyday word, but in legal contexts it carries specific consequences. Non-lawyers often think of duty as just a job assignment, missing that legal duties create liability when breached. The term also has a completely different meaning in tax law (customs duty), which can confuse readers.
What to Watch For.
- Defined vs. undefined duties: Some documents specifically list what duties apply; others leave them open. The plain-language version should clarify whether the duty is specifically stated or generally understood.
- Fiduciary relationships: When duty arises from a relationship of trust (like lawyer-client or trustee-beneficiary), the translation should emphasize the loyalty requirement.
- Tax context: In customs and import documents, "duty" means tax — this needs a completely different plain-language translation.
Common Misunderstandings by Non-Lawyers.
- "'Duty' just means a job or task someone has to do." (In legal contexts, it specifically means an obligation that creates liability if not met.)
- "If I have a duty, I have to be perfect." (Legal duties usually require reasonable care, not perfection.)
- "Duty and responsibility mean the same thing." (Responsibility is broader; legal duty specifically creates liability for breach.)
Legal definition
Something you are legally required to do (or not do). When you have a legal duty, failing to meet it can get you in trouble — you might have to pay money if someone gets hurt, or even face criminal charges. Duties come from laws, contracts, or special relationships like being someone's lawyer, doctor, or guardian.
Meanings by context
tax law: a tax you pay when bringing goods into the country
everyday English: a job or task someone has to do
fiduciary duty: a requirement to put someone else's interests ahead of your own when you're in a position of trust
duty of care: the requirement to be careful enough to avoid hurting other people
duty to act: a requirement to help or intervene when you're legally required to do so
Examples
Legal: The Administrative Agent Has No Duty.
Plain: The administrative agent is not required to do anything under this agreement.
Legal: securities laws or a claim of breach of fiduciary duty.
Plain: securities laws or a claim that someone in a position of trust failed to act in the other party's best interests.
Legal: neglect or breach of duty, including any actual or alleged error, misstatement
Plain: failing to meet a legal requirement, including any mistakes or incorrect statements.
Where you'll see it
- contracts and agreements
- tort litigation
- fiduciary relationships
- criminal statutes
- customs declarations
Related terms
- obligation
- liability
- breach
- standard of care
- fiduciary duty
- duty of care
- duty to act
- customs duty
Word details
- Pronunciation
- DOO-tee
- Part of speech
- noun
- Origin
- Latin — from 'debere' — to owe
- Domains
- contract law, tort law, fiduciary law, criminal law, administrative law, tax law
- Frequency
- very common
- Formality
- moderate
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