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Every obligation has four essential requisites otherwise known as the elements of obligation. They are: the obligor: obligant duty-bound to fulfill the obligation; he who has a duty. the obligee: obligant entitled to demand the fulfillment of the obligation; he who has a right. the subject matter, the prestation: the performance to be tendered.
An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. Obligation exists when there is a choice to do what is morally good and what is morally unacceptable. [1]
Accord and satisfaction is a contract law concept about the purchase of the release from a debt obligation. It is one of the methods by which parties to a contract may terminate their agreement. The release is completed by the transfer of valuable consideration that must not be the actual performance of the obligation itself. [1]
In moral philosophy, deontological ethics or deontology (from Greek: δέον, 'obligation, duty' + λόγος, 'study') is the normative ethical theory that the morality of an action should be based on whether that action itself is right or wrong under a series of rules and principles, rather than based on the consequences of the action. [1]
The Restatement (Second) of Contracts states that the elements of consideration are as follows: 1. A performance or a return promise must be bargained for. 2. A performance or return promise is bargained for if it is sought by the promisor in exchange for his promise and is given by the promisee in exchange for that promise. 3.
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence.
In international law, opinio juris is the subjective element used to judge whether the practice of a state is due to a belief that it is legally obligated to do a particular act. [1] [2] When opinio juris exists and is consistent with nearly all state practice, customary international law emerges. Opinio juris essentially means that states must ...
The court in Gold Group Properties v BDW Trading Ltd. in 2010 considered the nature and extent of an obligation "to act at all times in good faith", finding that this obligation does not impose a fiduciary duty whereby the party concerned would be required to abandon the pursuit of its own self-interest. A contractual commitment to act in good ...