Duty

Salmond said that A duty is a obligatory act that is to say , it is an play opposite of which would be a wrong . Duties and wrongs are correlated . The commission of wrong is the violation of a duty and the performance of a duty is the avoidance of wrong. Duties are of two kinds legal and moral . 

A legal duty is an act recognized as duty by law and considered as such for the administration of justice. A moral and natural duty is an act the opposite of which is a moral or natural wrong . A duty may be moral but not legal , or legal but not moral , or both at once. 

In the case of England there is a legal duty not to sell od have for sale adulterated milk knowingly. There is no legal duty in England to abstain from offensive cuiosity about one's neighbours even if its satisfaction does them harm. There is a moral duty but not a legal duty .There is both a legal and a moral duty not to steal. 

Duties my be negative or positive . When the law compels to do a act , the duty is called positive .When the law obliges us to forbear from doing an act , the duty is negative . If R has a right to a land , there is a corresponding duty on persons generally not to interfere with his exclusive use of the land. Such a duty is a negative duty. It is eliminated only if the right itself is extinguished .

If S owes some of money to Y , the later is under a duty to pay the amount due. This is a positive duty. In the case of positive duties , the execution of the duty extinguished by fulfilment. Duties can also be primary and secondary . Primary duties are those which exist per se and independently of any other duty . 

An example of primary duty is to forbear from causing personal injury to another .A secondary duty is that which has no independent existence but for the enforcement of other duties. An ellustration of a secondary duty is the duty to pay a amn harms for the injury already done to his person. It is also called a remedial , restitutory or sanctioning duty.