Judicial Dictionary - O
Judicial Dictionary
Legislative Dictionary
Obligation
Category | O |
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Title | Obligation |
Details | 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 On | May 2, 2011, 5:24 AM |
Hits | 629 |