Also known as: bounds · bounded · obligated · legally bound
Written by attorneys · grounded in primary & secondary sources — see below
A constraint that requires a party to comply with a legal rule, precedent, or obligation. The constraint arises from constitutional text, statutes, contracts, or fiduciary duties and remains effective until released by the party entitled to enforcement.
State trial judge Elena Ruiz faces a conflict between a state statute and a federal treaty. She applies the treaty because the Constitution requires every state judge to follow federal law as the supreme rule. The state statute yields and the federal treaty controls the outcome.
Director Carlos Rivera learns of a real-estate deal that fits his corporation's business. Before pursuing it personally he presents the opportunity to the board. After the board disclaims interest the director may proceed without liability for usurping the opportunity.
Select any source to read its text and confirm it supports the definition.
Landlord Samuel Torres sells an apartment building subject to existing leases. The new owner fails to repair the roof. Tenants sue Torres because his original promise to maintain the building continues after the transfer under privity of contract.
After dissolution of Apex Ventures LP, general partner Nora Klein signs a supply contract with a vendor who lacks notice of the dissolution. The limited partnership must honor the contract because the act would have bound the partnership before dissolution.
After dissolution of Summit Partners, partner Diego Soto negotiates a loan with a bank unaware of the dissolution. The partnership is obligated on the loan because the act would have bound the firm before dissolution.
Associate Maya Patel receives instructions from a partner to file a pleading that would mislead the court. She refuses because every lawyer must comply with the Rules of Professional Conduct even when acting at another's direction.
Yes. Model Rule 5.2(a) states that a lawyer is bound by the Rules of Professional Conduct even when acting at the direction of another person. The subordinate lawyer must still refuse to engage in conduct that violates the rules.
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The transferor remains bound if the obligation rests on privity of contract and the entitled party has not released it, or if the obligation rests on privity of estate and the transfer does not end that privity.
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Yes. Article VI declares the Constitution and federal laws made under it the supreme law of the land, and requires state judges to follow them notwithstanding contrary state law.
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…in the Constitution. An act of Congress repugnant to the Constitution cannot become a law. The courts of the United States are bound to take notice of the Constitution. A commission is not necessary to the appointment of an officer by the Executive. A commission is only evidence of an appointment. Delivery is not…