Editing Obligation (section)

===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>