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Simple English definitions for legal terms
onerous cause
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A quick definition of onerous cause:
Term: ONEROUS CAUSE
Definition: An onerous cause is a legal term used in civil law to describe a situation where one party gains an advantage in exchange for fulfilling a contractual obligation. This means that one party is required to do something in order to receive a benefit or advantage from the other party. For example, if you agree to work for someone in exchange for payment, the payment is the onerous cause for your work.
A more thorough explanation:
Definition: In civil law, onerous cause refers to an advantage gained in return for fulfilling a contractual obligation.
For example, if a person agrees to pay rent in exchange for the right to live in an apartment, the right to live in the apartment is the onerous cause. Similarly, if a company agrees to provide a service in exchange for payment, the payment is the onerous cause.
The onerous cause is an essential element of a contract, as it ensures that both parties receive something of value in the exchange. Without an onerous cause, a contract would be considered gratuitous, meaning that one party is giving something without receiving anything in return.