Editing Obligation (section)

== Types==

=== Written ===
Written obligations are [[contract]]s. They legally bind two people into an agreement. Each person becomes responsible for doing their part of the contract. A legal contract, which does not need to be made in writing,<ref>Ramesh, A., [https://lawpath.com.au/blog/do-contracts-have-to-be-in-writing Do Contracts Have to Be In Writing?], published 20 June 2019, accessed 9 August 2023</ref> consists of an [[Offer and acceptance|offer]], an acceptance of that offer, an intention to bind to one another in a legal agreement and a [[consideration]], something of value to be exchanged.<ref>{{Cite web|url=https://www.smallbusiness.wa.gov.au/business-advice/legal-essentials/contracts-and-agreements|title=Contracts and agreements {{!}} Small Business|website=www.smallbusiness.wa.gov.au|language=en|access-date=27 November 2019}}</ref>

===Political ===
A political obligation is a requirement for the citizens of a society to follow the laws of that society.<ref name=":2">{{Cite journal|last=Song|first=Edward|date=2012|title=Acceptance, Fairness, and Political Obligation|journal=Legal Theory|volume=18|issue=2 |pages=209–229 |doi=10.1017/S1352325212000067 |s2cid=145252321 |url=https://philarchive.org/rec/SONAFA }}</ref> There are philosophical issues, however, about whether a citizen should follow a law simply because it is a law. There are various views about whether a political obligation is a moral obligation. [[John Rawls]]  argues that people do have political obligations because of the ''principle of fairness''. Humanity benefits from the joint effort of the government, so, in fairness, they should be active and supportive members of this effort.<ref name=":2" /> There are people, however, such as [[Robert Nozick]], who argue enjoyment of a community effort does not mean obligation to that effort.<ref name=":2" />

=== Social ===
Social obligations refer to the things humans as individuals accept because it is collectively accepted.<ref name=":3">{{Cite journal|last=Miller|first=Kaarlo|date=1 June 2006|title=Social obligation as reason for action|journal=Cognitive Systems Research|series=Cognition, Joint Action and Collective Intentionality|volume=7|issue=2|pages=273–285|doi=10.1016/j.cogsys.2005.11.005|s2cid=3449678 |issn=1389-0417}}</ref> When people agree to a promise or an agreement, they are collectively consenting to its terms. Humanity is obligated to fulfil that promise or agreement.<ref name=":3" />

===Special===
Special obligations are those obligations owed to a particular subset of persons, such as family members, friends, and possibly fellow citizens,<ref>{{cite SEP|title=Special Obligations|author-last=Jeske|author-first=Diane|edition=Winter 2021}}</ref> entered into either voluntarily (such as through marriage) or otherwise.<ref>Jeske, D., [https://www.cambridge.org/core/journals/canadian-journal-of-philosophy/article/abs/families-friends-and-special-obligations/0293CEAF58750B9924A79BF4EEB026DE Families, Friends, and Special Obligations], ''Canadian Journal of Philosophy'', Volume 28 Issue 4, 2020, accessed on 25 April 2025</ref>

===Primary and secondary ===
[[English law]] distinguishes in some case law between primary and secondary obligations. A secondary obligation, also known as an accessory obligation, is a duty that is incidental to a primary obligation.<ref>{{cite book |editor1-last=Garner |editor1-first=Bryan A. |title=Black's law dictionary |date=2009 |publisher=West |location=St. Paul, MN |isbn=978-0314199492 |page=1180 |edition=9th}}</ref> A duty to perform a secondary obligation may result, for example, as a result of their [[breach of contract|breach]] of a primary obligation, or by another party breaching an obligation that the secondary obligor has [[guarantee]]d.

The [[England and Wales Court of Appeal]] noted in the case of AB v CD (2014) that{{blockquote|The primary obligation of the party to a contract [is] to perform his contractual obligations. The obligation to pay [[damages]] in the event of breach is a secondary obligation.<ref>Blake, N., [https://hsfnotes.com/litigation/2014/03/11/court-of-appeal-decision-means-injunction-to-prevent-breach-may-be-more-readily-obtained-where-damages-limited-by-contract/ Court of Appeal decision means injunction to prevent breach may be more readily obtained where damages limited by contract], ''Herbert Smith Freehills'': Litigation Notes, published 11 March 2014, accessed 7 February 2023</ref><ref>England and Wales Court of Appeal (Civil Division), [https://www.bailii.org/ew/cases/EWCA/Civ/2014/229.html AB v CD (2014) EWCA Civ 229], paragraph 22, published 6 March 2014, accessed 2 February 2023</ref>}} and in relation to the [[Statute of Frauds]], [[Maurice Kay|Lord Justice Maurice Kay]] commented in 2009 that{{blockquote|A guarantee is, in the words of the Statute, a promise "to answer for the debt default or miscarriage of another person". There must be another person who is primarily liable. The liability of the guarantor is secondary.<ref>England and Wales Court of Appeal (Civil Division), [https://www.bailii.org/ew/cases/EWCA/Civ/2009/189.html Associated British Ports v Ferryways NV & Anor], EWCA Civ 189, 18 March 2009, accessed 18 February 2023</ref>}}

The Appeal Court observed in 1973 that the determination of whether a document is a guarantee or an indemnity, or whether it imposes a secondary or a primary liability, will always depend upon "the true [[judicial interpretation|construction]] of the actual words in which the promise is expressed".<ref>Swarbrick, D., [https://swarb.co.uk/lep-air-services-v-rolloswin-investments-ltd-moschi-v-lep-air-services-hl-1973/ Lep Air Services v Rolloswin Investments Ltd; Moschi v LEP Air Services: HL 1973], updated 6 May 2022, accessed 18 February 2023</ref>

Under the [[Louisiana Civil Code]], "stipulated damages" create a secondary obligation for the purpose of enforcing a principal obligation. An aggrieved party may demand either the stipulated damages or the performance of the principal obligation, but may not demand both except for delay.<ref>Louisiana Civil Code, [http://legis.la.gov/Legis/Law.aspx?d=109263 Article 2007], accessed 23 June 2015</ref>