{"id":12061,"date":"2018-01-13T04:55:33","date_gmt":"2018-01-13T04:55:33","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=12061"},"modified":"2018-02-16T22:59:06","modified_gmt":"2018-02-16T22:59:06","slug":"undertaking-a-promise-pledge-or-engagement","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=12061","title":{"rendered":"Undertaking – a written promise, pledge, or engagement which binds the signatory to an obligation; unlike a bond, the principal isn’t required to sign"},"content":{"rendered":"

undertaking<\/span>:<\/span><\/strong><\/span>
\n n. (14c)<\/span><\/span><\/p>\n

\n

Broadly, that which one has agreed to do. Technically, an obligation in writing binding the signatories to pay such an amount as shall be adjudged due. <\/span>General American Industries, Inc. v County Court of Clear Creek County<\/em>, 136 Colo 86, 316 P2d 565<\/span>.<\/span><\/span><\/strong><\/p>\n

Although the essential purpose of an undertaking is the same as that of a bond, and an undertaking with security is in common usage and in the language of the law, a bond, the dissimilarity in terms is fundamental.\u00a0 An undertaking has to do with amounts to be determined, whereas a bond has to do with liquidated amounts.<\/span> 12 Am J2d Bonds <\/span><\/span>\u00a7 1<\/span>.<\/span><\/span><\/strong><\/p>\n

The distinction between a bond and an undertaking is that the principal should sign the former and <\/span><\/strong><\/span>that he is not required to sign the latter.<\/span> Russell v Chicago<\/em>, B. & Q. R. Co. 37 Mont 1, 94 P 488, 501<\/span>.<\/span><\/strong> [1]<\/span>
\n<\/span><\/p>\n

1. In a contract, a promise by one of the parties.<\/span><\/strong><\/span>
\n \u00a0\u00a0\u00a0\u00a0 <\/span><\/strong>Compare mutual promises.<\/em><\/span><\/span><\/p>\n

2. A person’s written obligation.\u00a0 EXAMPLES: a note; a draft.<\/span><\/strong><\/span><\/p>\n

3. Any promise or pledge.<\/span><\/strong><\/span><\/p>\n

4 Any venture, particularly a business venture.<\/span><\/strong><\/span><\/p>\n

5. Any endeavor.<\/span><\/strong><\/span><\/p>\n

6. The business of a funeral director.<\/strong> [2]<\/span><\/p>\n

l. A promise, pledge, or engagement.<\/span><\/strong><\/span><\/p>\n

2. A bail bond.<\/strong> [3]
\n<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Joseph H. Beale Jr.’s Gratuitous Undertakings<\/em> (1891 ):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201c<\/span>An undertaking is the entrance of two parties into such relationship as that one party, on account of the bare relationship unaided by any agreement, has a new duty to perform toward the other; he undertakes a new duty. . . . [T]he violation of an undertaking is not a tort, properly so called.\u00a0 It is a careful and exact use of legal language to call an undertaking a consensual obligation; it is a burden into which the obligor must voluntarily enter.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

undertake<\/span>:<\/span><\/strong><\/span>
\n vb<\/em>. (13c)<\/span><\/p>\n

1. To take on an obligation or task<\/strong> <he has undertaken to chair the committee on legal aid for the homeless>.<\/strong><\/span><\/p>\n

2. To give a formal promise; guarantee<\/strong> <the merchant undertook that the goods were waterproof>. <\/strong><\/span><\/p>\n

3. To act as surety for (another); to make oneself responsible for (a person, fact, or the like)<\/strong> <her husband undertook her appearance in court>. <\/strong>[3]<\/span>
\n<\/strong><\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a><\/span><\/strong>.<\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition<\/a>\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations
\n<\/span><\/em>Third Edition<\/span><\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]: Ballantine’s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a><\/span>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]: Joseph H. Beale Jr., Gratuitous Undertakings<\/em>, 5 Harv. L. Rev. 222, 223-24 (1891 ).<\/span><\/strong><\/p>\n

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