Imperfect obligations are those which are not binding on us as between man and man, and for the non-performance of which we are accountable to God only : such ac, charity or gratitude. In this sense an obligation is a mere duty. Pothier, Obl. art. prel. n. 1.
An implied obligation is one which arises by operation of law: as, for example, if I send you daily a loaf of bread, without any express authority, and you make use of it in your family, the law raises an obligation on your part to pay me the value of the bread.
An indeterminate obligation is one where the obligor binds himself to deliver one of a certain species: as, to deliver a horse, where the delivery of any horse will discharge the obligation.
An indivisible obligation is one which is not susceptible of division: as, for example, if I promise to.pay you one hundred dollars, you cannot assign one-half of this to another, so as to give him a right of action against me for his share. See DIVISIBLE.
A joint obligation is one by which several obligors promise to the obligee to perform the obligation. When the obligation is only joint, and the obligors do not promise separately to fulfil their engagement, they must be all sued, if living, to compel the performance ; or, if any be dead, the survivors must all be sued. See PARTIES TO ACTIONS.
A natural or moral obligation is one which cannot be enforced by action, but which is binding on the party who makes it in con science and according to natural justice.
As, for instance, when the action is barred by the act of limitation, a natural ohligation still subsists, although the civil obligation is extingnished. 5 Binn. Penn. 573. Although natural obligations &Mi not be enforced by action, they have the following ef fect : first no suit will lie to recover back what has been paid' or given in compliance with a natural obligation, I Term, 285; 1 Dail. Penn. 184 : second, a natural obligation is a sufficient consideration for a new contract. 2 Binn. Penn. 591; 5 id. 33; Yelv. 41 a, n. 1; Cowp. 290; 2 Blackstone, Comm. 445; 3 Bos. 16 P. 249, n.; 2 East, 506; 3 Taunt. 311; 5 id. 36; 3 Pick. Masa. 207 ; Chitty, Contr. 10; CON SIDERATION.
A penal obligation is one to which is at tached a penal clause, which is to be enforced if-the principal obligation be not performed. See LIQTJIDATED DAMAGES.
A perfect obligation is one which gives a right to another to require us to give him something or not to do something. These
obligations are either natural or moral, or they are civil.
A personal obligation is one by which the obligor binds himself to perform an act, with out directly binding his property for its per formance.
It also denotes an obligation in which the obligor binds himself only, not including his heirs or representatives.
A primitive obligation, which in one sense may also be called a principal obligation, is one which is contracted with a design that it should itself be the first fulfilled.
A principal obligation is one which is the most important object of the engagement of the contracting parties.
A pure or simple obligation is one which is not suspended by any condition, either be cause it has been contracted without condi tion, or, having been contracted with one, it has been fulfilled.
A real obligation is one by which real estate, and not the person, is liable to the obligee for the performance.
A familiar example will explain this. When an estate ewes an easement as a right of way, it is the thing, and not the owner, who owes the easement Another instance occurs when a person buys an estate which has been mortgaged, subject to the mortgage: he is not liable for the debt, though his estate is. In these cases the owner has an interest only because he is seised of the servient estate or the mortgaged premises, and he may discharge himself by abandoning or parting with the property. The obligation is both personal and real when the obligor has bound himself and pledged his estate for the fulfilment of his obligations.
A secondany obligation is one which is con tracted and ie to be performed in case the primitive cannot be. For example, if I sell you my house, I bind myself to give a title; but I find cannot, as the title is in anotLer : then my secondary obligation is to pay you dam ages for my non-performance of my obliga tion.
A several obligation is one by which one individual, or, if there be more, several in dividuals, bind themselves separately to per form the engagement. In this case each obligor may be sued separately ; and if one or more be dead, their respective executors may be sued. See PARTIES TO ACTIONS.
A single obligation is one without any penalty : as, *here I simply promise to pay you one hundred dollars. This is called a single bill, when it is under seal.