Chapter 10 : Obligations

Question 1

An obligation is a legal bond between two or more persons, which comprises both
a right and a duty –

Answer 1

1) The debtor bears a duty to make the performance agreed upon, and
2) The creditor has a right to claim that performance.

Question 2

Classification of obligations

Answer 2

1) One obligation may simultaneously fall into several categories, namely -
1.1) Civil, natural and moral obligations.
1.2) Reciprocal obligations.
1.3) Simple, alternative, generic or facultative obligations.
1.4) Divisible or indivisible performance and contracts.

Question 3

Moral obligations

Answer 3

1) Are duties derived from social agreements or one’s conscience, but they have no legal significance.
2) An example is the duty to
fulfill a promise to meet a friend for coffee

Question 4

What is a “civil obligation” and when does it arise?

Answer 4

1) Are e legal obligations enforceable by a right of action, such as most obligations arising from contracts.

2) If not fulfilled, the creditor may
sue the debtor for breach of contract.

Question 5

Natural obligations

Answer 5

1) Are unusual and arise in specific situations, like when a minor concludes a contract or in a betting agreement
2) They cannot be enforced in a court of law, but they do have legal significance

Question 6

What can a creditor do if a civil obligation is not fulfilled?

Answer 6

1) If such an obligation is not fulfilled, the creditor may institute an
action against the debtor for breach of contract.

Question 7

Can you give an example of a civil obligation?

Answer 7

1) For example, a civil obligation is the responsibility to pay rent.
2) If a person signs a lease agreement, they have a civil obligation to make rental payments.
3)Failing to do so Allows the landlord to take legal action against the tenant for breach
of contract

Question 8

What is a “moral obligation” and how does it differ from a civil obligation?

Answer 8

1) This refers to a duty that a person is bound to perform out of a sense of ethical duty or correctness, but that has no basis in law, nor is it considered under natural
obligation.

2) A moral obligation is not regarded as a
legal obligation and has no legal significance at al

Question 9

Can a moral obligation be contested in a legal context?

Answer 9

1) Breach cannot be contested in a legal or quasi-legal context; it is purely personal and varies from individual to individual based
on their moral values

Question 10

Can you give an example of a moral obligation?

Answer 10

1) For example, a person may feel a strong personal duty to volunteer at a local charity based on their ethical belief or values

Question 11

What is a “natural obligation” and when does it occur?

Answer 11

1) This is relatively unusual and refers to when a person upon whom it is imposed feels honour bound to fulfil the obligation.

Question 12

Is a natural obligation legally enforceable?

Answer 12

1) It is not legally enforceable by
the courts

Question 13

What happens if performance is made under a natural obligation?

Answer 13

1) If performance is made under a natural obligation, there is no right of
recourse.

2)The performance cannot be claimed back

Question 14

Can you give an example of a natural obligation?

Answer 14

1) For example, a person’s decision to pay a debt that has been extinguished by prescription.

2) If the debtor chooses to pay the debt feeling that it is the right thing to do,
this payment cannot be claimed back.

Question 15

Reciprocal obligations

Answer 15

1) A situation in which two or more parties have interdependent
obligations or duties toward each other.

2)These obligations are typically
created through a contractual agreement

Question 16

Characteristics of Reciprocal Obligations:

Answer 16

1) Mutuality
2) Interdependence
3) Enforceability

Question 17

Mutuality

Answer 17

1) Both or all parties involved have obligations to each other.

Question 18

Interdependence

Answer 18

1) The discharge of one obligation depends on the discharge of another.
2) Non-fulfilment of one party’s obligation can result in the non-fulfilment of the other

Question 19

Enforceability

Answer 19

1) If each party fulfils its own part of the agreement, it can legally enforce the other’s obligation

Question 20

Simple obligations

Answer 20

1) Parties specify the exact performance to be made.

2) Example: Seller must deliver a specific car to the purchaser.

Question 21

Alternative obligations

Answer 21

1) This refers to when a party has the option to choose among two or more performances to discharge the obligation.

2) Unless otherwise agreed, the
choice usually lies with the obligor.
The alternatives must be spelt out; otherwise, the obligation could be void
for vagueness.

3) Once the relevant party has chosen one of the performances –
3.1) The obligation becomes a simple one
3.2) The debtor is then obliged to make the chosen performance.

4) For example, if a contract states that a debtor may pay with either R1000 or deliver
a specific item, it’s up to the debtor to choose which option to utilise to fulfil their
obligation.

Question 22

Facultative obligations

Answer 22

1) This refers to situations in which an obligor must perform a specific
service or deliver a certain item, but they retain the choice to substitute the agreed performance with another.

2) Unlike alternative obligations, the primary obligation is specific here,
while the choice (facultative part) to substitute with something else is
optional.

3) For example, a debtor must deliver a book, but they are allowed to
substitute it with another book of equal value if they choose to do so.

Question 22

Generic obligations

Answer 22

1) Refer to where the object is specified only as to its kind.

2) This means that it allows a party to choose a performance from a specified
genus or family of performances; it requires a party to provide a thing that is not individually determined but is identified only by its category.

3) For example, a quantity of fruit or a type of oil.
The important aspects here are –
3.1) That the specific item to be delivered is not pinpointed;
3.2) Any item that meets the category description can be delivered
to fulfil the obligation.
3.3) The parties must specify who is to make this choice. Failing
this, the debtor will have the choice.
3.4) The parties must also specify the number or quantity to be
delivered.