Also known as: undertake · undertakes · undertook · undertaken · undertakings · promise · commitment
Written by attorneys · grounded in primary & secondary sources — see below
A promise, pledge, or commitment to perform a specified act or render services.
Uriel Urban sold land to Usman Uddin under a contract that included a promise to build a boundary fence. At closing the deed omitted any mention of the fence. After closing Uddin demanded performance. The court held the fence promise was an independent undertaking that did not merge into the deed because the parties intended it to survive.
Una Ueda left government service with confidential information about a regulated firm. Her new firm accepted representation adverse to that firm. The firm screened Una from the matter and gave prompt written notice to the agency. The undertaking was permitted because the screening and notice requirements were met.
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Umeko Uchida hired Union Steel to install equipment. Union Steel supplied its own tools and workers and decided the sequence of work. When a worker was injured, Umeko was not vicariously liable. Union Steel performed the undertaking as an independent contractor whose physical conduct was not subject to Umeko's control.
Una Unger leased property to Uptown Apparel and later sold the building to Unity Capital. The lease required the landlord to maintain the roof. After the sale the roof failed. Una remained liable on the undertaking because the obligation rested on privity of contract and the tenant had not released her.
Ursula Ureña, a licensed engineer, undertook to design a bridge for Ultrasonic Dynamics. She used methods below those normally employed by engineers in the community. When the bridge failed, Ursula was held to the standard required of members of her profession in good standing.
State legislators challenged a redistricting plan as violating equal protection. The state argued the claim presented a political question. The court rejected the argument because none of the six factors for nonjusticiability were present.
No. Promises independent of the conveyance, such as an undertaking to build a fence, may survive if the parties intended them to remain separate from the deed.
The firm may undertake or continue the representation only if the former government lawyer is timely screened and receives no part of the fee.
An independent contractor performs an undertaking without being subject to the principal's control over the physical conduct of the work.
The original landlord remains bound on an express promise that touches and concerns the land if the obligation rests on privity of contract and the tenant has not released the landlord.
The professional must exercise the skill and knowledge normally possessed by members of that profession or trade in good standing in similar communities.
…effectively denied. Our law should not be that rigid. We therefore agree with the District Court that Jane Roe had standing to undertake this litigation, that the Does and Dr. Hallford had not, and that the case is not now moot. I The principal thrust of appellant's attack on the Texas statutes is that they improperly…