ORDINARY MEANING 1. Obligation something that you must do (Cambridge Dictionary) LAW DEFINITION An obligation or debt may exist by reason of a judgment as well as an express contract, in either case there being a legal duty on the part of the one bound to comply with the promise. (Black’s Law Dictionary) 2. Appeal to make a serious or formal request, especially to the public, for money, information, or help (Cambridge Dictionary) (In civil practice). The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse. (Black’s Law Dictionary) 3. Damages money that is paid to someone by a person or organization who was responsible for causing some injury or loss (Cambridge Dictionary) A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. (Black’s Law Dictionary) 1. Obligation A. CRITERION: POINT OF REFERENCE (Real vs. Nominal) - Real The definition is clear of what constitutes an obligation wherein it is defined as a legal duty to comply and the duty or compliance of which exists by reason of either (1) judgement or (2) express contract. In both cases it is crucial that the one bound to comply must act in accordance of the agreement. It is a real definition since it clearly states the elements of an obligation and defines how or when an obligation exists. B. CRITERION: ACCORDING TO PURPOSE (Descriptive vs. Prescriptive) - Prescriptive – Stipulative The definition stated therein constitutes a prescriptive definition as established by the phrase “obligation may exists by reasons of judgement and express contract”. The ordinary definition of obligation or obligation in layman’s term simply states that it is something that must be done. Comparing it with the legal definition of obligation, it is clear that there is a difference or that there is a special meaning in law of the term ‘obligation’. It is prescriptive – stipulative, in the sense that the legal definition is expanded by enumerating the elements of the existence of obligation – and that it exists by reason of judgement as well as express contract. C. CRITERION: ACCORDING TO STRUCTURE (Equative vs. Nonequative) - Equative – Extensional In terms of structure criterion, the legal definition of obligation is constructed in an equative form. The definiendum “obligation” (the term or concept being defined) and the phrase “may exist by reason of a judgment as well as an express contract, in either case there being a legal duty on the part of the one bound to comply with the promise” as the definiens. It is an extensional definition since it includes the objects denoted or not denoted by the defienendum. As such, An obligation may exist by reason of a judgment as well as an express contract, in either case there being a legal duty on the part of the one bound to comply with the promise. This type of definition is a combination of equivalence and inclusion, wherein X (obligation) exists by reason of judgement (Y) and includes Z (express contracts) or X means Y and includes Z. 2. Appeal A. CRITERION: POINT OF REFERENCE (Real vs. Nominal) - Real The legal definition of “appeal” states what constitutes an appeal and its elements which are the following: (1) complaint to a superior court, (2) that the complaint allegedly constitutes an injustice or error of an inferior court, (3) the court above is called upon to correct or reverse it. It is clear that the definition of appeal is real and not nominal since it discloses the meaning of appeal in the legal sense and its elements, and not how the word appeal must be used. B. CRITERION: ACCORDING TO PURPOSE (Descriptive vs. Prescriptive) - Prescriptive - Stipulative It is prescriptive - stipulative since the definition of appeal in this sense was altered and was changed. The ordinary meaning of appeal is “to make a serious or formal request”, but its legal definition expanded the term appeal which alters the ordinary meaning by including certain elements; to wit: (1) complaint to a superior court, (2) that the complaint allegedly constitutes an injustice or error of an inferior court, (3) the court above is called upon to correct or reverse it. C. CRITERION: ACCORDING TO STRUCTURE (Equative vs. Nonequative) - Equative – Intensional The legal definition of appeal in terms of its structure is in the form of equative – intensional. An appeal is a complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse. The definiens “a complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse” establishes what constitutes an appeal. If one of the elements in the definition is absent, then it cannot be considered as an appeal in the legal sense. The definiens here states the core sense of the definiendum “appeal” and is not an expanded one distinct from the extensional type of equative definition. 3. Damages A. CRITERION: POINT OF REFERENCE (Real vs. Nominal) The definition of “damages” can be categorized as a real definition since it outlines what consists “damages” in the legal sense and that it is a (1) pecuniary compensation or indemnity, (2) recovered through the courts (3) can be recovered by a person who suffered loss or injury (4) and that the loss or injury is committed in their property or persons (4) committed through unlawful acts or negligence or omissions. However, the definition of damages can also be construed as a nominal definition since it specifically means compensation for a loss or “damage”. The plural term “damages” is different from its singular version “damage” which is defined in the Black’s Law Dictionary as the loss or diminution of what is a man's own, occasioned by the fault of another. B. CRITERION: ACCORDING TO PURPOSE (Descriptive vs. Prescriptive) - Prescriptive - Explanatory The legal definition of damages is prescriptive – explanatory since it only provides a necessary degree of definiteness without altering conventional signification of the ordinary definition. It does not alter the meaning of damages but only provides for a more specific definition such as how the injury or loss were committed by the person involved (unlawful act or negligence or omission), and it also provides for the type of loss or injury that may be suffered by the complainant. C. CRITERION: ACCORDING TO STRUCTURE (Equative vs. Nonequative) Equative In terms of structure, the definition is an equative- extensional definition. Damages means pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. Applying the equative – extensional definition or structure, the definiendum (damages) is defined by expressing its limits in the definiens by combination of equivalence and inclusion or X means Y and includes Z. In the definition presented above, X (damages) means Y(pecuniary compensation or indemnity) and Z (which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another). Contrary to the intensional -type definitions, the abovementioned meaning not only cites the features of the definiens but also enumerates or expands it.
