Duty to Act Law and Legal Definition

Duty to act refers to duty of a party to take necessary action to prevent harm to another party or the general public. Breach of duty to act may make a party liable for damages, depending on the circumstances and relationship between the parties. For example family members, working colleagues and contracting parties will all have a legal duty in tort to act non-negligently toward each other. Ordinarily the common law does not impose an affirmative duty to act.