Written Written obligations are
contracts. They legally bind two people into an agreement. Each person becomes responsible for doing their part of the contract. A legal contract, which does not need to be made in writing, consists of an
offer, an acceptance of that offer, an intention to bind to one another in a legal agreement and a
consideration, something of value to be exchanged.
Political A political obligation is a requirement for the citizens of a society to follow the laws of that society. There are philosophical issues, however, about whether a citizen should follow a law simply because it is a law. There are various views about whether a political obligation is a moral obligation.
John Rawls argues that people do have political obligations because of the
principle of fairness. Humanity benefits from the joint effort of the government, so, in fairness, they should be active and supportive members of this effort. When people agree to a promise or an agreement, they are collectively consenting to its terms. Humanity is obligated to fulfil that promise or agreement. entered into either voluntarily (such as through marriage) or otherwise.
Primary and secondary English law distinguishes in some case law between primary and secondary obligations. A secondary obligation, also known as an accessory obligation, is a duty that is incidental to a primary obligation. A duty to perform a secondary obligation may result, for example, as a result of their
breach of a primary obligation, or by another party breaching an obligation that the secondary obligor has
guaranteed. The
England and Wales Court of Appeal noted in the case of AB v CD (2014) that and in relation to the
Statute of Frauds,
Lord Justice Maurice Kay commented in 2009 that The Appeal Court observed in 1973 that the determination of whether a document is a guarantee or an indemnity, or whether it imposes a secondary or a primary liability, will always depend upon "the true
construction of the actual words in which the promise is expressed". Under the
Louisiana Civil Code, "stipulated damages" create a secondary obligation for the purpose of enforcing a principal obligation. An aggrieved party may demand either the stipulated damages or the performance of the principal obligation, but may not demand both except for delay. ==See also==