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Legal Definitions - conventional obligation

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Definition of conventional obligation

A conventional obligation is a legal duty or responsibility that arises from a voluntary agreement or contract between two or more parties. Unlike obligations imposed by law (such as paying taxes) or those resulting from a wrongful act (such as a duty to compensate for damages caused by negligence), a conventional obligation is created because the parties willingly consented to specific terms and conditions, thereby binding themselves to perform certain actions or refrain from others.

  • Example 1: A homeowner hires a landscaping company to redesign their backyard. They sign a contract outlining the specific services the company will provide (e.g., installing a patio, planting trees, building a water feature) and the total cost the homeowner will pay. The landscaping company's duty to complete the specified work and the homeowner's duty to pay the agreed-upon fee are both conventional obligations because they originate from the voluntary, mutual agreement they entered into.

  • Example 2: A university student signs a housing contract to live in an off-campus apartment for the academic year. The contract stipulates that the student must pay monthly rent by the fifth of each month, not host loud parties, and return the apartment in good condition. The landlord, in turn, is obligated to provide a safe and habitable living space. All these duties, such as paying rent or maintaining quiet hours, are conventional obligations because they are established by the mutual consent and terms of the housing contract.

  • Example 3: A small business owner agrees to purchase a new point-of-sale system from a technology vendor. Their written agreement specifies that the vendor will deliver and install the system within two weeks and provide one year of technical support, while the business owner will make a down payment and pay the remaining balance upon successful installation. The vendor's duty to deliver and support the system, and the business owner's duty to make payments, are conventional obligations, as they are voluntarily assumed by both parties through their sales and service agreement.

Simple Definition

A conventional obligation is a legal duty or responsibility that arises from an agreement or contract between parties.

It is created by the mutual consent and will of those involved, rather than being imposed by law or statute.

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