Presentation on

“Kinds Of Duties”
Presented by:
PRAKRITI NIROULA
“76”
 DUTY

 It is an obligatory act, an act opposite of which would be wrong.

 Duties and wrongs are corelated.
 The commision of wrong is the breach of duty and the peformance of duty is
avoidance of wrong.
 KINDS OF DUTY

 Generally duties are of two kinds. They are:

1) Legal duty
2) Moral duty
 The other kinds of duties are:
A) Positive and Negative duty
B) Primary and Secondary duty
C) Absolute and relative duty
 Legal and Moral Duties
A duty may be moral or legal.
Moral duties are those obligations which we should observe but are not legally bound to observe
them. It is a moral duty of every individual to look after their parents and earn money by fair
means.
There is a marked difference between between legal and moral duties. Legal duties are those duties
which we are obliged to follow because we are bound legally.
It depends entirely on the conscience of an individual to peform moral duties or not to. But an
individual is legally bound follow the legal duties if they don’t they will be punished by the state.
 Positive and Negative Duties

A duty can be either positive or negative. If the law obliges us to do a particular act that becomes
our positive duty, where as when law refrains us to do a particular act it is our negative duty.
So in simple words, the duty of a person to do a particular act as guided by law is his/her positive
duty.
And the duty of a person not to a particular act as guided by law becomes his/her negative duty.
Examples: If a person lends certain sum of money from other person it is his positive duty to pay
back the money to the lender.
If a person owns a house, he has full right of its use, dispose and sell. Thus, it is the negative duty of
others not to refrain him from entertaining his rights over that house.
Primary and Secondary Duties

A duty may also be primary or secondary.

A primary duty is that duty which exists per se and is independent of any other duty.
A secondary duty is the duty which has no independent existence but exists only for the enforcement
of other duties. It is also remedial or sanctioning duty.
Example: It is a primary duty to forbear from causing personal injury to another.
It is a secondary duty to pay damages to a person who has received injuries .
Absolute and Relative Duties

Hibbert refers to absolute and relative duties.

According to him Absolute duties are owed only to the state the breach of which is generally called a
crime and the remedy therefor is punishment.
Relative duties are the ones which is owed to any person other than the one who is imposing them,
the breach of whichis called civil injury and is adressed through compensation or restitution to the
injured party.
Austin supports that some duties are absolute that is the duty which exists without corelation to the
rights. The duty towards the state, god or duty not to commit suicide.
Dr. Allen has also supported the view of Austin that state is absolute and there are no co-relative
rights in state.
However, Salmond rejects the view of austin that there can be no duties without rights. In similar
way Prof. Gray also denies the existence of Absolute duties.
 Conclusion

General kinds would be Legal and Moral duties.

The other kinds of duties are
Positive and Negative
Absolute and Relative
Primary and Secondary
THANK YOU