Judicial Dictionary - O

Judicial Dictionary


Legislative Dictionary


Obligation

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CategoryO
TitleObligation
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The term obligation derived from the Roman civil law, defined in the "Institutes" of Justinian as a "legal bond which by a legal necessity binds us to do something according to the laws of our State. It is an act which binds a person to some performance. Obligation is a legal agreement specifying a payment or action and the penalty for failure to comply. An obligation can be legal or moral. “Obligation” includes every duty enforceable by law. [Section 3 of the Specific Relief Act, 1877]

The primary meaning given to the word by the Oxford English Dictionary is – The action of binding oneself by oath, promise or contract to do or to forbear something. The word ‘obligation’ is not limited to a contractual obligation or the payment or non-payment of money undertaking given to the court is an obligation. [Re. British Concrete Pipe Association, (1983) 1 All ER 203, 205]
Created OnMay 2, 2011, 5:24 AM
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