Obligations

Obligations

In the Past

Important Note: this is an extension/continuation on the entry on OBLIGATION in this legal reference. An accessory obligation is one which is dependent on the main obligation; for example, if I sell you a house and lot of ground, the main obligation on my part is to make you a title for it; the accessory obligation is to deliver you all the title papers which I have about it; to take care of the estate till it is delivered to you and the like.

Developments

An absolute obligation is one which gives no alternative to the obligor, but he is bound to fulfil it according to his engagement.

Details

An alternative obligation is, where a person engages to do or to give several things in such a way that the payment of one will acquit him of all; as if A agrees to give B, upon a enough consideration, a horse or one hundred dollars. Poth. Obl. Pt. 2, c. 3, art. 6, No.. 245.

Other Aspects

In order to constitute an alternative obligation, it is necessary that two or more things should be promised disjunctively; where they are promised conjunctively, there are as many obligations as the things which are enumerated, but where they are in the alternative, though they are all due, there is but one obligation, which may be discharged by the payment of any of them.

More Information

The choice of performing one of the obligations belongs to the obligor, unless it is expressly agreed that all belong to the creditor. Dougl. 14; 1 Lord Raym. 279; 4 N. S. 167. If one of the acts is prevented by the obligee or the act of God, the obligor is discharged from both. See 2 Evans' Poth. Ob. 52 to 54; Vin. Ab. Condition, S b; and articles Conjunctive; Disjunctive; Election.

Other Issues

A determinate obligation, is one which has for its object a certain thing; as an obligation to deliver a certain horse named Bucephalus. In this case the obligation can only be discharged by delivering the identical horse.

More

An indeterminate obligation is one where the obligor binds himself to deliver one of a certain species; as, to deliver a horse, the delivery of any horse will discharge the obligation.

More

A divisible obligation is one which being a unit may however be lawfully divided with or without the consent of the parties. It is clear it may be divided by consent, as those who made it, may modify or change it as they please. But some obligations may be divided without the consent of the obligor; as, where a tenant (see more about this popular legal topic in the U.S. encyclopedia) is bound to pay two hundred dollars a year rent to his landlord, the obligation is entire, yet, if his landlord dies and leaves two sons, each will be entitled to one hundred dollars; or if the landlord sells one undivided half of the estate yielding the rent, the purchaser will be entitled to receive one hundred dollars and the seller the other hundred. See Apportionment.

More

An indivisible obligation is one which is not susceptible of division; as, for example, if I promise to pay you one hundred dollars, you cannot assign one half of this to another, so as to give him a right of action against me for his share. See Divisible.

More

A single obligation is one without any penalty; as, where I simply promise to pay you one hundred dollars. This is called a single bill, when it is under seal. A penal obligation is one to which is attached a penal clause which is to be enforeed, if the main obligation be not performed. In general equity will relieve against a penalty, on the fulfilment of the main obligation. See Liquidated damages; Penalty. A joint obligation is one by which several obligors promise to the obligee to perform the obligation. When the obligation is only joint and the obligors do not promise separately to fulfil their engagement they must be all sued, if living, to compel the performance; or, if any be dead, the survivors must all be sued. See Parties to actions. A several obligation is one by which one individual or if there be more, several individuals bind themselves separately to perform the engagement. In this case each obligor may be sued separately and if one or more be dead, their respective executors may be sued. See Parties to actions. [1]

Resources

Notes and References

1. Partialy, this information about obligations is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including obligations.

See Also