Due

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Due

Just; proper; regular; lawful; sufficient; reasonable, as in the phrases due care, due process of law, due notice.

Owing; payable; justly owed. That which one contracts to pay or perform to another; that which law or justice requires to be paid or done. Owed, or owing, as distinguished from payable. A debt is often said to be due from a person where he or she is the party owing it, or primarily bound to pay, whether the time for payment has or has not arrived. The same thing is true of the phrase due and owing.

The term due is essentially contextual in nature and has various legal applications, all of which involve the sufficiency or reasonableness of an action or obligation.

Due care is the use of the requisite amount of caution needed in a particular set of circumstances based upon what a reasonably prudent person would do under similar circumstances. Exercising due care while driving might mean obeying traffic regulations.

Due consideration is the proper weight or significance given to a matter or a factor as circumstances mandate. It may also have application in sufficiency of consideration in the law of contracts.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

due

n. and adj. owed as of a specific date. A popular legal redundancy is that a debt is "due, owing and unpaid." Unpaid does not necessarily mean that a debt is due.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

DUE. What ought to be paid; what may be demanded. It differs from owing in this, that, sometimes, what is owing is not due; a note, payable thirty days after date, is owing immediately after it is delivered to the payee, but it is not due until the thirty days have elapsed.
     2. Bills of exchange, and promissory notes, are not, due until the end of the three days of grace, (q.v.) unless the last of these days happen to fall on a Sunday, or other holy day, when it becomes due on the Saturday before, and not on the Monday following. Story, P. N. Sec. 440; 1 Bell's Com. 410 Story on Bills, Sec. 283; 2 Hill, N. Y. R. 587; 2 Applet. R. 264.
     3. Due also signifies just or proper; as, a due presentment, and demand of payraent, must be made. See 4 Rawle, 307; 3 Leigh, 389; 3 Cranch, 300.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.