Also known as:owes · owed · owing · obligation · duty
Written by attorneys · grounded in primary & secondary sources — see below
To be under a legal obligation requiring a party to pay a sum, perform an act, or refrain from conduct, with liability attaching for breach.
Sources & Authorities
How it applies
Common Examples
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Seller's Title Obligation at Closing
Oskar Ocampo contracted to sell land to Odette Orozco. At closing Ocampo tendered a deed but an unreleased lien remained of record. Orozco refused to close because the title was not free from reasonable doubt. Ocampo then sued for specific performance, but the court held that Ocampo had failed to perform the obligation to deliver marketable title.
Defendant's Duty to Waive Service
Orbit Communications was served with notice and a request to waive formal service of summons in a federal action. Orbit ignored the request and forced the plaintiff to incur marshal fees. The court later imposed those costs on Orbit because the company had failed to perform its obligation to avoid unnecessary service expenses.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Casebooks
Landlord's Repair Obligation
Oliver Okeke leased an apartment to Odessa Okada. After a storm caused sudden roof damage that made the unit uninhabitable, Okeke failed to repair the roof within a reasonable time. Okada terminated the lease and recovered damages because Okeke had breached the obligation to restore the premises to a suitable condition.
Tort Duty of Reasonable Conduct
Orson Ochoa operated heavy equipment near a public walkway. Ochoa knew that debris could fall and injure pedestrians yet took no precautions. When a pedestrian was struck, the court held that Ochoa owed a duty to conduct operations so as to avoid foreseeable harm and was therefore subject to liability.
Member's Limited Liability
Oscar Ortiz formed Olympus Banking LLC and later the company defaulted on a bank loan. A creditor sued Ortiz personally. The court dismissed the claim because Ortiz, solely by reason of membership, did not owe any personal obligation for the company's debts.
Spousal Support Obligation
Osprey Aviation executive Orson Ochoa separated from spouse Odessa Okada. Okada petitioned for support. The court ordered payments because Ochoa owed an obligation to support his spouse according to the parties' respective needs and abilities.
Common questions
Frequently Asked
6
What happens when a seller fails to perform the obligation to deliver marketable title?+
The buyer may refuse to close and may obtain rescission or damages unless the contract provides otherwise or the defect is waived.
Supporting sources
Does a defendant have an obligation to waive service of process?+
Yes. An individual or entity subject to service has a duty to avoid unnecessary expenses of serving the summons when properly notified and requested to waive service.
Supporting sources
When does a landlord breach the obligation to maintain leased property?+
A landlord breaches when, after tenant entry and without tenant fault, a change in condition renders the property unsuitable for the contemplated use and the landlord fails to correct the situation within a reasonable time after request.
Supporting sources
What does it mean for an actor to owe a duty in tort?+
The actor is required to conduct himself in a particular manner at the risk of becoming subject to liability for any injury legally caused by failure to do so.
Supporting sources
Does membership in an LLC create a personal obligation for the company's debts?+
No. A member or manager is not personally liable for a debt or obligation of the company solely by reason of being or acting as a member or manager.
Supporting sources
What determines the extent of a spouse's support obligation?+
The extent is determined by the circumstances of the parties, including the need of one spouse for funds and the ability of the other spouse to pay.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…capacities: as a public ministerial officer of the United States and as agent of the President. In the first capacity his duty is to the United States or its citizens; in the other his duty is to the President. In the former capacity he is compellable by mandamus to do his duty; in the latter he is not. This…