A divisible obligation is a legal or moral duty that can be divided without the agreement of both parties. This means that either the person performing the obligation or the person receiving it can divide it on their own. For example, if someone owes another person $100, the debt can be divided into two payments of $50 without the consent of both parties. It is important to note that an obligation can arise from a contract, law, promise, or moral duty.
A divisible obligation is a legal or moral duty that can be divided without the consent of the parties involved. This means that either party can unilaterally divide the obligation. For example, if a person owes $1000 to another person, the debt can be divided into smaller amounts, such as $500 or $250, without the consent of both parties. Another example is a contract that requires the delivery of multiple items or services that can be separately rendered or enforced. For instance, a construction contract may require the contractor to build a house, install plumbing, and paint the walls. Each of these obligations can be separately enforced and divided without the consent of both parties. Divisible obligations are important in contract law because they allow parties to fulfil their obligations in parts, rather than all at once, providing more flexibility and reducing the risk of default or breach of contract for both parties.
A divisible obligation refers to a legal obligation that can be divided into separate parts or units. Each part can be performed independently, and the non-performance of one part does not affect the performance of the other parts.
Yes, each part of a divisible obligation can be enforced separately. If one party fails to perform one part of the obligation, the other party can still seek enforcement for the remaining parts.
If one party partially performs a divisible obligation, the other party can seek enforcement for the performed part. However, the non-performing party may still be liable for damages or penalties for the unperformed part.
Yes, a divisible obligation can be assigned or transferred to another party. However, the assignee or transferee will only be responsible for the specific part of the obligation that has been assigned or transferred.
Yes, a divisible obligation can be modified or amended by mutual agreement between the parties involved. However, any modification or amendment should be clearly stated and agreed upon to avoid confusion or disputes.
If one party breaches a divisible obligation, the other party can seek legal remedies for the specific part that has been breached. The non-breaching party may be entitled to damages or specific performance for the unperformed part.
Yes, a divisible obligation can be terminated by mutual agreement between the parties involved. However, termination should be clearly stated and agreed upon to avoid any future obligations or liabilities.
Yes, a divisible obligation can be discharged through performance. If both parties fulfill their respective obligations for each part, the obligation is considered fulfilled, and no further action is required.
Yes, a divisible obligation can be subject to a statute of limitations. Each part of the obligation may have its own time limit within which legal action must be taken if there is a breach or non-performance.
Yes, a divisible obligation can be enforced in different jurisdictions if the parties involved have agreed to a choice of law or jurisdiction clause. However, enforcement may vary depending on the laws and regulations of each jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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