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The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights and duties are referred to as obligations, and this area of law deals with their creation, effects ...
A "secondary obligation" is a duty which arises in law as a consequence of another, primary, obligation. [11] A person may themselves incur an obligation to perform a secondary obligation, for example, as a result of them breaching their primary obligation, or by another party breaching an obligation which the secondary obligor has guaranteed.
Negative and positive rights are rights that oblige either inaction (negative rights) or action (positive rights). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a negative ...
Because humans are not perfectly rational (they partly act by instinct), Kant believed that humans must conform their subjective will with objective rational laws, which he called conformity obligation. [20] Kant argued that the objective law of reason is a priori, existing externally from rational being. Just as physical laws exist prior to ...
The categorical imperative (German: kategorischer Imperativ) is the central philosophical concept in the deontological moral philosophy of Immanuel Kant. Introduced in Kant's 1785 Groundwork of the Metaphysics of Morals, it is a way of evaluating motivations for action. It is best known in its original formulation: "Act only according to that ...
Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a promise, the doing of an act, or even refraining from doing an act. In broad terms, if one agrees to do ...
Moral responsibility. In philosophy, moral responsibility is the status of morally deserving praise, blame, reward, or punishment for an act or omission in accordance with one's moral obligations. [1][2] Deciding what (if anything) counts as "morally obligatory" is a principal concern of ethics. Philosophers refer to people who have moral ...
Legal liability. In law, liable means "responsible or answerable in law; legally obligated". [1] Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability.