Home > West's Encyclopedia of American Law > Obligation

A generic term for any type of legal duty or liability.

In its original sense, the term obligation was very technical in nature and applied to the responsibility to pay money owed on certain written documents that were executed under seal. Currently obligation is used in reference to anything that an individual is required to do because of a promise, vow, oath, contract, or law. It refers to a legal or moral duty that an individual can be forced to perform or penalized for neglecting to perform.

An absolute obligation is one for which no legal alternative exists since it is an unconditional duty.

A contractual obligation arises as a result of an enforceable promise, agreement, or contract.

An express obligation is spelled out in direct and actual terms, and an implied obligation is inferred indirectly from the surrounding circumstances or from the actions of the individuals involved.

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