Obligations

OBLIGATIONS
1. Introduction:
The conceptual foundation of obligation traces back to ancient Roman law which
defines obligation as a means of an undertaking or legally binding relationships
where one party promises the other party to perform some acts or to do
something. Ancient well-known Roman lawyers defined obligations based on their
personal opinion, which as a result has developed the concept of obligation.
An obligation is termed as chose in action. A chose-in-action means a proprietary
right in personam. It is that part of the law which creates rights in personam. It
includes a duty to pay the debt, to perform a contract or to pay damages for a
tort but not duty to refrain from interference with the person, property or
reputation of others. In general, the concept of obligation can clearly be expressed
as;
a) Obligation to give or not to give
b) Obligation to do or not to do
c) Obligation to render rights to others to do something.
2. Definition of Obligation:
I. According to Salmond:
“An obligation may be defined as a proprietary right in personam of a duty which
corresponds such a right.:
II. According To Paton:
“An obligation is that part of law which creates rights in personam.”
III. Black’s law dictionary defines:
Obligation as ‘a legal duty or moral duty to do or not to do something’.
IV. Common-law scholars such as Fredrick Pollock defines:
Obligation in its popular sense as merely synonym for ‘duty’.
V. In its legal sense derived from roman laws:
‘An obligation is the bond of legal necessity which binds together two or more
determinate individuals’
In the modern legal systems and currently existing legal materials, there is no
exact or single whole definition of obligation. However, some scholars define it
based on their own legal system for instance French judges define the term
obligation as a legally binding relations to another party is obliged to give or to do
or not to do something.
3)Types of Obligations
Obligations can be classified based on the nature of activities, and the number of
parties legally bound by the obligation. Accordingly, they can be classified into:
1) Divisible or joint obligation:
This is one whereby a party undertakes to perform its obligations by dividing into
parties. For instance, if A and B owed C 1,000 rs, such parties to the obligation
perform or discharge the obligations by paying half (part) of the debt to C, which
is 500rs each.
2)Several obligations:
According to Salmond generally such obligations are several when they have the
same subject-matter but different sources. Example: When ‘A’ has received a loan
form ‘C’ under a promissory-note executed by him on a particular debt and at a
subsequent date ‘B’ guarantees the same debt of ‘A’ by executing a surety bond,
the liability of both ‘A’ and ‘B’ is several.
3) Positive obligation or ordinary:
This is a situation where a person’s obligation is to do or to give something to
another. It requires an action from the debtor. It is one in which there is only one
creditor and one debtor.
4) Negative obligation.
This is a situation where a person’s obligation is to refrain from doing something.
Such obligations are also called obligations not to do. Example, company A may
agree with company B in which company A under takes an obligation not to
produce or sell certain goods in the same market.
5) Joint and several obligations:
According to Salmond, joint and several obligations are those joint obligation,
which the law, for several reasons, chooses to treat in special respects as if they
were several
Example:
If a promise is made by ‘A’, ‘B’, ‘C’, to ‘X’. ‘X’ may sue at his option, only ‘A or only
‘B’, only; C; or may two of them or all three of them.
4. Sources of Obligation:
If we classify obligation form the point of view of sources, we have following kinds
of obligations.
I. Contractual Obligations:
Contractual obligations are those which are created by contracts or agreements.
These obligations cerate rights in personam between parties. The rights so
created are generally proprietary rights. Sometimes a contract creates rights
which are not proprietary though they are in personam e.g., promise of marriage.
II. Delictal Obligation:
These obligation arising from torts. A tort is a civil wrong arising through a breach
of a duty imposed by law, the remedy for which is an action for damages. Delictal
obligations are those in which a sum of money is to be paid as compensation for a
tort. The general duty of tort is a right in rem and cannot fall within the law of
obligation. It is only the secondary right to secure damages, which arises out of
the breach of the primary right, that is right in personam and so an obligation.
III. Quasi-Contractual Obligations:
Quasi-contractual obligations are those which are regarded contracted by law
thought they are not in fact.
(i) Classes of Quasi-contractual obligations:’
According to Salmond these quasi-contracts are based on the fiction of implied
contracts.
(a) Debts created by law:
In general theory, all debts are contractual in origin, but there are certain debts
which are not contractual in origin. Where A orders any one to pay, that becomes
a debt which he has to pay e.g., a judgment creates a debt which is non-
contractual.
III. Innominate Obligations:
These are a residuary class of obligations, obligations which cannot be designated
as contractual delictal or quasi-contractual are termed as innominate obligations.
Examples: Examples of such obligation are the obligations of trustees towards
their beneficiaries etc.
5. Conclusion:
To conclude, I can say, that an obligation is the bond of legal necessity, which
binds together two or more determinate individual’s obligations are merely one
class of duties which are correlatives of rights in personam.

Obligations

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