A

PROJECT

ON

OBLIGATION-ITS KIND

[Submitted as partial requirements for B.A.LL.B. (Hons.)

Five Year Integrated Course] Session : 2023-24

Submitted By: - Submitted To:-

Muskan Jhinjha Mr. Apoorav Banerjee

Roll No. 60 Faculty – Jurisprudence

Semester- VI (A)

University Five Year Law College,

University Of Rajasthan,

Jaipur

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 DECLARATION

I, Muskan Jhinjha hereby declare that this project titled OBLIGATION-ITS KIND is based
on the original research work carried out by me under the guidance and supervision of Mr.
Apoorav Banerjee

The interpretations put forth are based on my reading and understanding of original texts. The
books, articles, websites etc. which have been relied upon by me have been duly acknowledged
at the respective places in the text.

For the present project which I am submitting to the university, no degree or diploma has been
conferred on me before, either in this or any other university.

Muskan Jhinjha

Roll No. -60

Semester: VI (A)

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 ACKNOWLEDGEMENT

In the accomplishment of this project successfully, many people have best owned upon me their
blessings and heart pledged support, this time I am utilizing to thank all people concerned with
this project.

First of all, I would like to thank our Director Dr. Akhil Kumar and faculty Mr. Apoorav
Banerjee for giving me an opportunity and whose valuable guidance and suggestions helped
me complete this project within time.

I would like to thank librarian and library staff that have been great support throughout.

Last but not the least, I would like to thank my parents and friends for their valuable suggestions
which helped me in completing this project successfully.

Muskan Jhinjha

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 CERTIFICATE

Mr. Apoorav Banerjee Date:

Faculty,

Jurisprudence –II

University five year law college

University of Rajasthan
Jaipur

This is to certify that Ms. Muskan Jhinjha of Semester VI, Section A of University Five Year
Law College, University Of Rajasthan, Jaipur has carried out the project entitled
“OBLIGATION-ITS KIND” under my supervision and guidance. It is an investigation
report of a minor project. The student has completed research work in my stipulated time
and according to norms prescribed for the purpose.

Supervisor

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 TABLE OF CONTENTS

Contents

DECLARATION ........................................................................................................................ 2

ACKNOWLEDGEMENT .......................................................................................................... 3

CERTIFICATE ........................................................................................................................... 4

Introduction- Definitions and elements ...................................................................................... 6

Kinds of Obligation .................................................................................................................... 7

CONCLUSION .......................................................................................................................... 9

Bibliography ............................................................................................................................. 10

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 INTRODUCTION

DEFINATIONS AND ELEMENTS:

Every layman can understand the term obligation as “an act or course of action to which a
person is morally or legally bound to do; a duty or commitment”. The term obligation is used
generally in everyday life but it is a much wider concept under jurisprudence.
The word originally derives from the Latin term “obligare” which comes from the root “lig”
which suggests being bound, as one is to God for instance in “re-ligio”. It is merely a class of
duties in the legal sense, including those that are correlatives of rights in personam.

• Salmond defines obligations as the vinculum juris, or bound of legal necessity which
binds together two or more determinate individuals
• According to Savigny, an obligation is “the control over another person, yet not over
his person in all respects, but over a single act of his which must be conceived of
subtracted from his free will and subjected to our will”.
• According to Anson, obligation is a kind of control exercised by determinate persons
over certain determinate persons for some specific act or it may also be called a
forbearance which has been valued in terms of money.

ELEMENTS:
There are following elements of obligations-
1. The obligor: the person who has a duty to perform in the legal bond called obligation.
2. The obligee: the person who has a right. He is entitled to demand the fulfillment of the
obligation.
3. The prestation: this can also be called subject matter of the obligation. There is always some
act which is needed to be performed by one person on demand of the other.
4. Legal bond: for obligation it is required that the legal enforceability must be attached to it.

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 KINDS OF OBLIGATION

Considered from the point of view of their sources, obligations are divisible into the following four
classes:
• Contractual obligation ( obligations ex contractu);
• Delictual obligation ( Obligationes ex delicto);
• Quasi-Contractual obligation(Obligationes quasi-ex-contractu);
• Innominate obligation

1. CONTRACTUAL OBLIGATION
According to Section 2(h) of the Indian Contracts Act, contracts are the agreements enforceable by law.
Contracts typically form an arrangement between the parties who are legally bound by the terms of the
agreement; such agreements must therefore be enforceable by law and should thus be called contracts.
Under a contract, the contracting parties have the obligation to meet the obligations they have established
on each other. It creates right in personam between the parties, but carries some exceptions like promise
of marriage, which falls within the law of status. In a contract, in return for the promise made by the
other person, a party agrees to or to abstain from doing something. So, we may assume that there are
rights and duties that they have an obligation to fulfill on both sides of the contract. In situations where
a party is unable to fulfill its duty or actively refrains from fulfilling its obligations, such a condition
results in a breach of contract and the party suffering from such a breach has the right to physically
enforce the contract. Rights arising out of contract are right in personam as the remedy available against
is the party to the contract who makes breach of such contracts. Contracts create mutuality of obligations
as both promisor and promise perform their duty and have rights against each other in a contract.
2. DELICTUAL OBLIGATION
These are the obligations arising out of tort. Torts is the branch of law that is deemed to be civil wrong,
i.e. civil in nature. Under Torts, damages are unliquidated (the one wherein the amount of compensation
is not pre decided) as opposed to contracts where damages are inherently liquidated. Tortious liability
arises from the violation of duty against another individual. Dr. Winfield has defined liability in torts as
“tortious liability arises from the breach of duty primarily fixed by law; this duty is towards persons
generally and its breach is repressible by an action for unliquidated damages”. It means delictual
obligations are the duty of making pecuniary satisfaction for the wrong, i.e. tort committed by the

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defendant. Such a duty is established by law and individuals are allowed to comply with such a duty and
if they do not comply with their duty and cause harm to other individuals, then the person against whom
tort is committed has the right to claim unliquidated damages from the one who didn‟t comply with
such duty. A wrongdoer therefore has the duty to pay unliquidated damages to the person against whom
he commits wrong. Unliquidated damages are not predetermined.

3. QUASI-CONTRACTUAL OBLIGATION
These are the obligations arising out of contracts. These obligations are regarded by law as contractual
though they are not so in fact. Primordial in Roman law such obligations were called obligationes quasi
ex contractu, whereas in English law, they are called quasi-contractual. The contracts which are created
out of the interference of courts but not by the formal agreement and the parties‟ consent are termed as
quasi contracts. These are fictional contracts. Quasi-contractual obligations are very precisely defined
with examples under chapter V of the Indian Contract Act, 1872. The obligation of a parent towards
their child is a well-defined illustration of quasi-contracts. The relationship created on trust is yet another
example.
4. INNOMINATE OBLIGATION
Salmond defines Innominate obligation as residuary class of obligation.
Innominate obligations are those which are not purely contractual, delictual or quasi contractual. This
means they do not have a particular designation or term. For Instance, trustee„s obligation to the
beneficiary. A trustee has a fiduciary obligation with respect to the beneficiary. A trustee is directly
responsible for infringement of the obligation he has on the beneficiary‟s property.

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 CONCLUSION

Concept of obligation is co-related with concept of liability. There is always a right of one person over
the other person who is duty bound to do or not to do anything against such person. Obligation cannot
be equalized with liability as there is a huge difference. Obligation is a proprietary right in personam but
liability is a duty of wrongdoer to compensate the sufferer.
It is very important to mention that there can be no right without a duty. The concept of obligation covers
the both right and duty from the legal point of view. Obligation is like a legal tie which bound two
persons for the benefit of each other for a particular action not in all respects.
It can be called as law of everyday life. If there is no such concept of obligation situation like chaos can
occur in society. From the legal point of view it is very important to bound people to perform their part
of duty towards the other and on the other hand the other person enjoys right over former.

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 BIBLIOGRAPHY

1. https://www.lawnotes4u.in/
2. https://blog.ipleaders.in
3. https://www.grkarelawlibrary.yolasite.com/resources/LLM-LT-1-Jyoti.pdf
4. https://repository.law.umich.edu/cgi/viewcontent.cgi?article=2450&context=mjlr
5. https://preciouskashmir.com/
6. https://unacademy.com/
7. 145483-Article%20Text-384727-1-10-20161008%20(1).pdf
8. https://www.lawnn.com/
9. https://legalreadings.com/
10. https://legalvidhiya.com/

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