What Does Undertaking Mean In Law?

Who can give an undertaking?

Undertakings are given on behalf of the firm and not an individual.

You should only give an undertaking if you are duly authorised by your firm to do so.

If you are so authorised, you must ensure you comply with any procedures your firm has in relation to undertakings..

Should I accept an undertaking?

Undertakings are a fundamental part of the practice of a solicitor and their importance cannot be stated too strongly. It is essential that they be observed whenever they are given and so should only be given when it is clearly possible for them to be honoured.

What does it mean to give an undertaking?

An undertaking is a legal promise to the court. This can be either to complete an action or to prevent an action taking place. For example giving an undertaking to pay the mortgage payments monthly on the family home.

What does an undertaking in court mean?

An undertaking is a legally binding promise to the court to do something, or not to do something (depending on the circumstances). The court may sometimes request or a party may volunteer to give an undertaking as an alternative to a non molestation or occupation order.

Is an undertaking legally binding?

An undertaking is a promise to the Court. An undertaking to the Court is as binding as an Order of the Court. For example, where a person gives an undertaking that they will take a certain action, the Court will require that person to take that action as if the Court itself had ordered the person to take the action.

What is an undertaking in Canadian law?

An undertaking is a piece of paper that an accused signs instead of being held for a bail hearing. Usually it will contain conditions you agree to comply with as part of your release from custody. If you don’t follow the conditions of your undertaking you can be charged with failing to comply.

Why is undertaking dangerous?

Some drivers may find it tempting to undertake, especially if they’re faced with a middle-lane hogger, but be aware that it can be dangerous and you can be fined for doing so. Undertaking recklessly could see you receive a fixed penalty notice (FPN) for careless driving or driving without due care and attention.

What happens if you break an undertaking?

To Do or Abstain From Doing It simply means that if you break the undertaking you will subjected to the below consequences: Contempt of Court. Imprisonment. Fine and/or assets seized.

How long does a court undertaking last?

6 monthsAn Undertaking will be for a fixed period of time, usually 6 months. Undertakings, when offered by a Respondent, are done so on the basis that no admissions of the allegations are made and no Finding of Fact against a Respondent in relation to allegations is made by the Court.

Is an undertaking an agreement?

Undertaking Letter Meaning: An undertaking letter or a letter of undertaking is a formal document, but not necessarily a contract that provides assurance from one party to another to fulfill an obligation. … An undertaking letter does not legally bind the parties like a contract, however, this changes with the scenario.

Usually, this is because: The object of the agreement is illegal or against public policy (unlawful consideration or subject matter) The terms of the agreement are impossible to fulfill or too vague to understand. There was a lack of consideration.