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Obligation: nature, sources and kinds, and solidary obligations

Jurisprudence · Unit V · Topic 23 of 24 · 5 min read

Obligation as the vinculum juris between two persons, its relation to rights in personam, Salmond's four sources (contractual, delictual, quasi-contractual, innominate), solidary obligations (several, joint, joint and several) and their treatment in the Indian Contract Act.

On this page
  1. 1. Meaning
  2. 2. Sources (kinds) of obligation
  3. 3. Solidary obligations
  4. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

The examinable core. “What is meant by obligation? Explain different kinds of obligations” (June 2025) and “Solidary obligation” (January 2026, 10 marks). The answer comes from Salmond: obligation is the right in personam seen from the side of the person bound; it arises from contract, tort, quasi-contract or other sources; and a solidary obligation is one in which several persons are bound for one and the same thing.

1. Meaning

The Roman definition, from Justinian’s Institutes: obligatio est juris vinculum quo necessitate adstringimur alicujus solvendae rei, an obligation is a bond of law by which we are bound by necessity to perform something. Salmond: an obligation is the vinculum juris, or bond of legal necessity, which binds together two or more determinate individuals. It is the correlative of a right in personam: the creditor has the right, the debtor the obligation.

Salmond’s features of an obligation:

Duty and obligation are not the same. Every obligation is a duty, but not every duty is an obligation: the duty not to trespass is owed to everyone and is not an obligation; the duty to pay a particular debt to a particular creditor is.

2. Sources (kinds) of obligation

Salmond classifies obligations by the facts that create them.

The Roman law had a parallel fourfold division: obligations ex contractu, quasi ex contractu, ex delicto and quasi ex delicto.

3. Solidary obligations

Ordinarily an obligation binds one debtor to one creditor. A solidary obligation is one in which two or more debtors owe the same thing to the same creditor. The creditor is entitled to one performance only, but may be able to demand it from any of the debtors. Salmond distinguishes three kinds.

Indian law. The Indian Contract Act does not follow the English rules on joint obligations. Under section 43, when two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any one or more of the joint promisors to perform the whole promise. A joint promisor who is compelled to perform may claim contribution from the others. Under section 44, the release of one joint promisor does not discharge the others or free him from responsibility to them. Indian law thus makes every joint promise, in effect, joint and several. Section 42 lays down that, unless a contrary intention appears, joint promisors must jointly fulfil the promise during their lives.

Contribution. As between the debtors themselves, the one who pays more than his share is entitled to contribution from the others, so that the burden is finally shared. Among joint tortfeasors the right of contribution exists in English law by statute; Indian courts apply the principle of equity and good conscience.

Solidary does not mean several. The examiner expects all three kinds, with the differences in suing, release and judgment. Then section 43 of the Contract Act, which changes the common-law rule for joint promises in India. An answer without section 43 has missed the Indian point.

How this is examined

As a 10-mark essay: “What is meant by obligation? Explain different kinds of obligations” (June 2025, Q.5(a)). As a note: “Solidary obligation” (January 2026, Q.9(a), 10 marks). Give the Roman and Salmond definitions, the features, the four sources with Indian sections for quasi-contract, and the three kinds of solidary obligation with sections 42 to 44 of the Contract Act.

Now try the real questions: Jurisprudence past question papers.