What is the legal definition of onerous?
Asked by: Camren Smitham | Last update: February 15, 2026Score: 5/5 (28 votes)
In law, "onerous" describes something burdensome, but specifically refers to contracts, leases, or property where the obligations and costs outweigh the benefits or advantages, making them a financial liability, or, in civil law, a right acquired for valuable consideration (not a gift). It signifies a duty or asset that costs more to fulfill or maintain than it provides in return, such as a lease with high rent but little value, or a contract requiring significant unavoidable costs.
What does onerous mean in law?
In legal usage, onerous describes a contract or lease that has more obligations than advantages. Onerous derives from Middle English, from Old French onereus, from Latin onerōsus, from onus "burden." In English, an onus is a task or duty that is onerous, or very difficult.
What is the onerous condition in law?
Onerous Condition means any action by a Governmental Entity or other Person that makes the consent, authorization, approval, permit, license or waiver of such Person to or of the consummation of the transactions contemplated by this Agreement contingent upon any party to this Agreement or any of their. View Source.
What is an onerous obligation in law?
A contract, lease, share, or other right is said to be “onerous” when the obligations attaching to it counter-balance or exceed the advantage to be derived from it, either absolutely or with reference to the particular possessor.
What is most likely the definition of onerous?
adjective. burdensome, oppressive, or troublesome; causing hardship. onerous duties. Synonyms: galling, irksome, grievous, heavy. having or involving obligations or responsibilities, especially legal ones, that outweigh the advantages.
What is the meaning of Onerous?
How to identify an onerous clause?
Under IAS 37, a contract is only classified as onerous if the costs of meeting its obligations outweigh the benefits. It's important to note that a contract may contain unfavorable terms – such as strict deadlines, high penalties, or ambiguous clauses –, without necessarily being onerous.
What is a synonym for the word onerous?
Common synonyms for onerous (meaning burdensome, difficult, or troublesome) include burdensome, laborious, taxing, arduous, demanding, oppressive, heavy, difficult, strenuous, grueling, wearisome, and troublesome, all describing something that requires significant effort or imposes a hardship.
What is an obligation under article 1156 of the Civil Code?
1156 An obligation is a juridical. necessity to give to do or not to do. Obligation (Latin word: obligatio) tying or binding. - tie or bond recognized by law by virtue of w/c one is bound in favor of another to render. something in giving a thing, doing a certain act, or not doing a certain act.
What are onerous terms in contract law?
Onerous contract terms are clauses that impose an excessive or unfair burden on one party – and can be hidden in leases, supplier agreements, customer T&Cs, and more. Common examples include harsh indemnities, excessive penalties, unfair return obligations, and imbalance in termination rights.
What is the difference between onerous and gratuitous?
Though this sort of distinction can be drawn between the respective position of the parties to a transaction, it is common for the transaction as a whole to be styled gratuitous (if one party is under no obligation) or onerous (if both parties are obliged) and thus for this level of detail not be communicated by the ...
What is the onerous clause?
An onerous clause in a bank guarantee refers to any term or condition that imposes unreasonable, excessive, or unfair obligations on the bank or the applicant, exposing them to financial, operational, or legal risks beyond standard banking practice.
What type of contract is considered grossly unfair?
A contract that is so grossly unfair to one party that no man "in good conscience" would enter into it, is termed an unconscionable agreement. The contract will likely be unenforceable or, at the very least, will still be valid except for the unconscionable element.
What is clause 11 of the standard contractual clauses?
11. The Clauses shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (the GDPR) or other legislation.
What is an example of an onerous property?
A typical example of an onerous contract is an operating property lease which has been abandoned by an entity and cannot be sub-let. The contract is onerous because the entity expects to receive no further benefit under the contract, but the entity is still committed to making rental payments to the landlord.
What does untrammeled mean in law?
/ˈʌnˌtræməld/ Something that's untrammeled is completely free and unrestricted.
What is a prolix in law?
prolix ( adj)
Refers to writing, particularly legal writing, which is unnecessarily long (long-winded).
What is section 57 of the Consumer rights Act?
Section 57: Liability that cannot be excluded or restricted
This section addresses “contracting out” of the consumer's statutory rights as established under sections 49, 50, 51 and 52. It also makes clear that a trader cannot limit its liability for breach of these sections to less than the contract price.
What is an onerous obligation?
Onerous Obligation means any circumstances, including the application of any legislation or regulation, wheresoever enacted, which would or might, in the opinion of the board: View Source. Based on 7 documents.
What are the 4 rules of contract law?
The four fundamental principles of contract law for a legally binding agreement are Offer, Acceptance, Consideration, and the Intention to Create Legal Relations, requiring a clear proposal, agreement to terms, an exchange of value, and a genuine purpose to be legally bound, respectively, for enforceability.
What beneficiaries cannot sue to enforce contract obligations?
An incidental beneficiary is a person whom contracting parties did not intend to benefit when they contracted but happens to get benefits. Since an incidental beneficiary is not named in the contract and not intentionally included, they have no rights under the contract and cannot sue for breach of contract.
What is the Article 1403 of the Civil Code?
Article 1403. The following contracts are unenforceable, unless they are ratified: (1) Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers; (2) Those that do not comply with the Statute of Frauds as set forth in this number.
What is the Civil Code 1770?
(a) The unfair methods of competition and unfair or deceptive acts or practices listed in this subdivision undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer are unlawful: (1) Passing off goods or services as those of another.
What is an example of an onerous debt?
Real-world examples
Example 1: A construction company signs a contract to build a facility for $500,000. However, due to rising material costs, the total expenses reach $600,000. This contract is considered onerous because the costs outweigh the benefits.
How to professionally say "out of whack"?
To professionally say "out of whack," use words like malfunctioning, unaligned, disorganized, inefficient, disproportionate, suboptimal, inconsistent, or experiencing issues, depending on the context (e.g., a machine, a schedule, or performance). For systems, use out of order/commission/sync, while for people or situations, use disorganized, chaotic, erratic, or not performing optimally, suggests Thesaurus.com and Vocabulary.com.
What is meant by onerous contract?
IAS 37 defines an onerous contract: Onerous contract. A contract in which the unavoidable costs of meeting the obligations under the contract exceed the economic benefits expected to be received under it.