Operation of law in the context of "Duty of care"

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⭐ Core Definition: Operation of law

The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies without a will, their heirs are determined by operation of law. Similarly, if a person marries or has a child after their will has been written, the law writes this pretermitted spouse or pretermitted heir into the will if no provision for this situation was specifically included. Adverse possession, in which title to land passes because non-owners have occupied it for a certain period of time, is another important right that vests by operation of law.

Events that occur by operation of law do so because courts have determined over time that the rights thus created or transferred represent what the intent of the party would have been, had they thought about the situation in advance; or because the results fulfilled the settled expectations of parties with respect to their property; or because legal instruments of title provide for these transfers to occur automatically on certain named contingencies.

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👉 Operation of law in the context of Duty of care

In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals who have no current direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law).

Duty of care may be considered a formalisation of the social contract, the established and implicit responsibilities held by individuals/entities towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law.

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Operation of law in the context of Expiration date

An expiration date or expiry date is a previously determined date after which something should no longer be used, either by operation of law or by exceeding the anticipated shelf life for perishable goods. Expiration dates are applied to some food products and other products like infant car seats where the age of the product may affect its safe use.

The legal definition and usage of terms varies between countries and products.Different terms may be used for products that tend to spoil and those that tend to be shelf-stable. Use by is often applied to products such as milk and meat that are more likely to spoil and can become dangerous to those eating them. Such products should not be consumed past the date shown.Best before is often applied to products that may deteriorate slightly in quality, but are unlikely to become dangerous as a result, such as dried foods. Such products can be eaten after their Best before date at the discretion of the consumer. Storage and handling conditions will affect whether and when an item will spoil, so there is inherent variability in dating.

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Operation of law in the context of Security interest

In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the collateral) which enables the creditor to have recourse to the property if the debtor defaults in making payment or otherwise performing the secured obligations. One of the most common examples of a security interest is a mortgage: a person is loaned money from a bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan.

Although most security interests are created by agreement between the parties, it is also possible for a security interest to arise by operation of law. For example, in many jurisdictions a mechanic who repairs a car benefits from a lien over the car for the cost of repairs. This lien arises by operation of law in the absence of any agreement between the parties.

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Operation of law in the context of Escheat

Escheat /ɪsˈtʃiːt/ (from Latin excidere 'fall away') is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord.

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LINKED FROM (PARENTS)
← Duty of care ← Expiration date ← Security interest ← Escheat
LINKS TO (CHILDREN)
Will (law) → Heirs → Pretermitted spouse → Pretermitted heir → Adverse possession → Court → Title (legal document) →