Also known as: law of obligations · obligations law · obligations
Written by attorneys · grounded in primary & secondary sources — see below
The body of law that governs the creation, performance, modification, and discharge of duties between parties arising from legal interactions.
Select any source to read its text and confirm it supports the definition.
Owen Ortega sold his home to Olive Okafor under a contract requiring the seller to repair the roof before closing. At closing Olive accepted the deed that contained no repair promise. After discovering leaks, Olive sued for breach of the original contract term. The court held the contractual obligation merged into the deed and was discharged.
Opal Okoro sued Orbit Communications for breach of a licensing agreement. A related company, Orchard Farms, held an interest in the same license and was not joined. The court found that proceeding without Orchard Farms would leave Orbit Communications subject to a substantial risk of incurring double or inconsistent obligations on the same license rights.
Oliver Okeke, a partner at a law firm, assigned a paralegal to prepare client filings. The paralegal filed documents containing confidential information in the wrong case. The court examined whether the firm had reasonable measures in place to ensure the paralegal's conduct remained compatible with the lawyers' professional obligations.
Otis Olsen leased a house to Orson Ochoa for residential use. On the date Orson was entitled to possession the plumbing was inoperable and the roof leaked. Orson terminated the lease before moving in and sought damages for the landlord's breach of the obligation to deliver property suitable for residential use.
Owen Ortega owed unpaid child support. A state statute required him to obtain court permission before marrying. The court held that the statute significantly interfered with the fundamental right to marry and struck it down because it was not narrowly tailored to the state's interests.
Olive Okafor served as both general partner and limited partner in the same limited partnership. When acting as general partner she owed the full duties of a general partner to the partnership and creditors. When acting solely as limited partner she was subject only to the limited duties of a limited partner.
No. The doctrine of merger discharges contractual promises not embodied in the deed, but exceptions remain for fraud, mutual mistake, and promises collateral to the transfer. A buyer may still enforce obligations that are independent of the conveyance itself.
A court must join a person who claims an interest in the action if disposing of the case without that person would leave an existing party subject to a substantial risk of double, multiple, or inconsistent obligations. The court orders joinder when the risk is practical and substantial.
…to marry. In Zablocki , for example, the Court held that a Wisconsin law that prohibited marriage by persons with child support obligations violated the Constitution even though those persons could procreate. 434 U. S., at 386. The respondents’ argument also cannot be squared with the fact that many opposite-sex couples cannot…
…an independent judgment.[^maj-10] In addition to questions of purely commercial law, "general law" was held to include the obligations under contracts entered into and to be performed within the State,[^maj-11] the extent to which a carrier operating within a State may stipulate for exemption from liability for his own…
…within a state, it enjoys the benefits and protection of the laws of that state. The exercise of that privilege may give rise to obligations, and, so far as those
…had not been seen by the Court before. In constitutional adjudication as elsewhere in life, changed circumstances may impose new
…will not meet the test. . . . [The test] would open the prospect of constitutionally required religious exemptions from civic obligations of almost every conceivable kind." Id. , at 888. Laws valid under Smith would fall under RFRA without regard to whether they had the object of stifling or punishing free exercise. We…
A partner or lawyer with managerial authority must make reasonable efforts to ensure the firm has measures giving reasonable assurance that nonlawyer conduct is compatible with lawyers' professional obligations. Direct supervisors have the same duty with respect to persons they oversee.
A landlord breaches when the leased property is not suitable for residential use on the date the tenant is entitled to possession and the unsuitability is without the tenant's fault. The tenant may terminate the lease or affirm it and obtain appropriate relief.
No. The right to marry is fundamental. A statute that significantly interferes with that right must be supported by sufficiently important state interests and narrowly tailored to those interests. A permission requirement fails this test.
Yes. A person who is both general and limited partner has the rights, powers, duties, and obligations of each capacity. When acting as general partner the person is subject to general-partner duties. When acting as limited partner the person is subject only to limited-partner duties.