Also known as: binds · binding · bound · obligate · obligatory
Written by attorneys · grounded in primary & secondary sources — see below
A legal duty that a contract, statute, court order, or other authority imposes on a person or entity. The duty requires performance or forbearance and carries consequences for noncompliance.
Beatrice Brown signed a contract to buy land from Brighton Manufacturing. Before closing a fire destroyed the main building. Equity treated Beatrice as owner from the moment the contract became binding so she remained obligated to pay the full purchase price.
Brooke Bryant a state judge faced a federal treaty claim. Article VI required her to treat the treaty as supreme so she applied federal law over conflicting state precedent in the case.
Bella Barnes and Baxter Dynamics signed a final integrated sales contract. An earlier side letter that contradicted a delivery term no longer controlled because the integrated agreement discharged the inconsistent prior promise.
Select any source to read its text and confirm it supports the definition.
Brittany Bell received proper notice of a custody proceeding in State A. The resulting determination bound her on all decided issues of fact and law unless later modified by a court with jurisdiction.
Belinda Baxter a third party dealt with a general partner of Benson Motors after dissolution. Because Belinda lacked notice of the dissolution the act bound the limited partnership to the same extent it would have before dissolution.
Bei Bai and Beacon Bank reached a written separation agreement on asset division. The court treated the terms as binding on the parties and itself unless it found the agreement unconscionable after reviewing their economic circumstances.
No. A contract may bind the parties through oral agreement or conduct when the statute of frauds does not apply. The key is whether the parties manifested mutual assent to the essential terms.
A court order binds only those who receive actual notice and are within the class of persons the rule or statute reaches. Nonparties generally remain unbound absent privity or a recognized exception such as class-action membership.
No. A binding integrated agreement discharges prior inconsistent agreements to the extent of the inconsistency. Extrinsic evidence of those earlier promises is inadmissible to contradict the final writing.
Yes. Once the contract becomes binding equity treats the buyer as owner so the risk of loss passes to the buyer in most jurisdictions even if the property is later destroyed before closing.
The terms are binding unless the court finds them unconscionable after considering the parties economic circumstances and other relevant evidence. Provisions on child support and custody receive separate review.
…in the Constitution. An act of Congress repugnant to the Constitution cannot become a law. The courts of the United States are bound to take notice of the Constitution. A commission is not necessary to the appointment of an officer by the Executive. A commission is only evidence of an appointment. Delivery is not…