TITLE 2. INTERPRETATION OF OBLIGATIONS [1429. - 1451.]
Title 2 enacted 1872.
§§ 1429–1451 · 22 sections
CHAPTER 1. General Rules of Interpretation § 1429 · 1 section
- § 1429 The rules which govern the interpretation of contracts are prescribed by Part II of this Division. Other obligations are interpreted by the same rules by which…
CHAPTER 2. Joint or Several Obligations §§ 1430–1432 · 8 sections
- § 1430 An obligation imposed upon several persons, or a right created in favor of several persons, may be: 1. Joint; 2. Several; or, 3. Joint and several.
- § 1431 Joint Liability An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except as…
- § 1431.1 Findings and Declaration of Purpose The People of the State of California find and declare as follows: a) The legal doctrine of joint and several liability,…
- § 1431.2 Several Liability for Non-economic Damages (a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative…
- § 1431.3 Nothing contained in this measure is intended, in any way, to alter the law of immunity.
- § 1431.4 Amendment or Repeal of Measure. This measure may be amended or repealed by either of the procedures set forth in this section. If any portion of subsection (a)…
- § 1431.5 Severability. If any provision of this measure, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder…
- § 1432 Except as provided in Section 877 of the Code of Civil Procedure, a party to a joint, or joint and several obligation, who satisfies more than his share of the…
CHAPTER 3. Conditional Obligations §§ 1434–1442 · 9 sections
- § 1434 An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.
- § 1435 Conditions may be precedent, concurrent, or subsequent.
- § 1436 A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed.
- § 1437 Conditions concurrent are those which are mutually dependent, and are to be performed at the same time.
- § 1438 A condition subsequent is one referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he…
- § 1439 Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself;…
- § 1440 If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract…
- § 1441 A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of the Article on the Object of Contracts, or which is…
- § 1442 A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created.
CHAPTER 4. Alternative Obligations §§ 1448–1451 · 4 sections
- § 1448 If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection, unless it is…
- § 1449 If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by…
- § 1450 The party having the right of selection between alternative acts must select one of them in its entirety, and cannot select part of one and part of another…
- § 1451 If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance, the obligation…