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Homework in Law, ob and contracts
1.) What are the essential requisites of an obligation? Give an explanation to illustrate them.
Contract law - a contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them.
Delict law - Delict (from lat. to fail, commit a fault) in civil law jurisdictions is a term for some kind of legal wrong, but its meaning is very different from one jurisdiction to another. Delict is not a legal term used in common law jurisdictions.
Quasi-contract law - (or implied-in-law contract or constructive contract) is a fictional contract created by courts for equitable, not contractual, purposes. A quasi-contract is not an actual contract, but is a legal substitute formed to impose equity between two parties. The concept of a quasi contract is that of a contract that should have been formed, even though in actuality it was not. It is used when a court finds it appropriate to create an obligation upon a non-contracting party to avoid injustice and to ensure fairness. It is invoked in circumstances and is connected with the concept of restitution.
Quasi-delict - a French legal term used in some civil law jurisdictions, encompassing the common law concept of negligence as the breach of a non-willful extra-contractual obligation to third parties.
2.) Why is obligation a judicial necessity?
“An obligation is a course of action that someone is required to take, whether legal or moral.”
Obligation is a judicial necessity because there is a meeting of the mind or mutual agreement between two parties. A contract could be a legal obligation. Thus, if an obligation is not met or a legal conflict arises the court itself the judicial entity intervenes to settle the dispute.
3.) May a person incur obligation even without entering into any contract? Explain.
Yes. A man can obtain an obligation without entering a contract. Because it could be
1.) What are the essential requisites of an obligation? Give an explanation to illustrate them.
Contract law - a contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them.
Delict law - Delict (from lat. to fail, commit a fault) in civil law jurisdictions is a term for some kind of legal wrong, but its meaning is very different from one jurisdiction to another. Delict is not a legal term used in common law jurisdictions.
Quasi-contract law - (or implied-in-law contract or constructive contract) is a fictional contract created by courts for equitable, not contractual, purposes. A quasi-contract is not an actual contract, but is a legal substitute formed to impose equity between two parties. The concept of a quasi contract is that of a contract that should have been formed, even though in actuality it was not. It is used when a court finds it appropriate to create an obligation upon a non-contracting party to avoid injustice and to ensure fairness. It is invoked in circumstances and is connected with the concept of restitution.
Quasi-delict - a French legal term used in some civil law jurisdictions, encompassing the common law concept of negligence as the breach of a non-willful extra-contractual obligation to third parties.
2.) Why is obligation a judicial necessity?
“An obligation is a course of action that someone is required to take, whether legal or moral.”
Obligation is a judicial necessity because there is a meeting of the mind or mutual agreement between two parties. A contract could be a legal obligation. Thus, if an obligation is not met or a legal conflict arises the court itself the judicial entity intervenes to settle the dispute.
3.) May a person incur obligation even without entering into any contract? Explain.
Yes. A man can obtain an obligation without entering a contract. Because it could be