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NeCede's

Maxim 3.7.14

Right and obligation are considered by all ethical writers as correlative terms.

Source: Ogden v. Saunders, 25 U.S. 213, 281; Weisman, 34i Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Every right implies a corresponding obligation and vice versa — cite this to argue that a party who asserts a right must also acknowledge the duty that accompanies it, and one who bears a duty may enforce the correlative right.

Where this applies

  • A landlord demands rent from a tenant but refuses to provide a habitable dwelling; the court holds that the right to collect rent carries the correlative obligation to maintain the property.
  • A citizen asserts his right to a jury trial, and the court reminds him that the correlative obligation is to serve on juries when called.
  • An employer claims the right to direct an employee's work but denies any duty to provide a safe workplace; the court holds that the right and the obligation are inseparable.

Legal domains

Cite this maxim

NeCede Max. 3.7.14 — Right and obligation are considered by all ethical writers as correlative terms. — Ogden v. Saunders, 25 U.S. 213, 281; Weisman, 34i

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