Notes

Obligation

  • Obligations :
  • According to Holland “an obligation is a tie, whereby one person is bound to perform some act for the benefit of another”.
  • An obligation is part of the law that creates rights in personam.
  • Obligation Ex lege (obligations quasi ex contratu):
  • There are many rights and obligations created otherwise than the contract, such rights and obligations are called rights or obligations exlege.
  • There are opposed to the ‘obligations ex contractu’.
  • Holland subdivides obligations ex lege into the following four classes:
    1. Domestic obligations: obligations borne by members of a family ex: obligation of husband.
    2. Fiduciary obligations: They made include trusts, implied trusts.
    3. Meritorious obligations: One who rendered voluntary service for benefit of another with his consent then he is entitled to reasonable payment for the work done.
    4. The official obligations: Public servants by virtue of their public obligations bound to help a member of the public.
  • Sources of obligation :
  • According to SALMOND, there are four sources of obligations :

1.Contractual obligations (obligations ex contractu):

  • An important source of obligation.
  • By contract, right and duties can be created between the parties.
  • For ex. Contract of sale x purchase.

2.Delictal obligations (obligations ex delicto)

(tortious obligations):

  • Delictal obligations arise from torts.
  • Tortious obligation means the duty of making monetary satisfaction for that species of wrong.

3.Quasi – contractual obligations ( obligations quasi ex contactua):

  • There is a certain obligation which is not in truth contracts, but which the law treats them as if they were contracts.
  • An obligation imposed by unjust enrichment.
  • A person who is unjustly enriched at the expense of another must legally return the unfairly kept money.

4.Innominate obligations :

  • An innominate obligation is a residuary class of obligation in so far as it arises from a source other than contractual, quasi-contractual, or delictal.
  • Bailee toward bailor.
  • Solidary obligation :

A solidary obligation is an obligation in which two or more person is under some duty or liability to the same person of inheritance.

This obligation may be classified into 3 kinds:

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