30/07/2026
Beyond the Handshake: What Legally Binds Us to One Another in Zimbabwean Private Law?
1. Introduction
Have you ever wondered what invisible thread actually forces a person to pay for damages they caused, honor a deal they signed, or return money sent to them by mistake?
In the private law of Zimbabwe—which governs relationships between individuals, businesses, and private entities—a "legal obligation" is a personal tie that compels someone to give something, to do something, or to refrain from doing something. If they fail, the law steps in.
Rooted primarily in our Roman-Dutch common law framework, these obligations don’t just appear out of thin air. They spring from three major fountains.
2. Contracts (Agreements Voluntarily Entered Into)
By far the most common source of a private obligation is agreement. When two or more people reach a mutual understanding (consensus) with the serious intention to create legal ties, a contract is born.
2.1 How it works
You agree to buy a car, rent an apartment, or supply groceries to a supermarket.
2.2 The Obligation
The law binds you to your promise. If you fail to deliver the car or pay the rent, you are committing a breach of contract, and the court can force you to perform or pay damages.
2.3 Key requirement
Both parties must have the legal capacity to contract, and the agreement must be lawful and physically possible.
3. Delicts (Civil Wrongs Causing Harm)
Unlike contracts, where people choose to bind themselves, a delictual obligation is forced upon you by circumstance and law because you crossed a line. A delict occurs when a person wrongfully and culpably (intentionally or negligently) causes harm to another.
2.1 How it works
Think of a motorist who drives recklessly and crashes into someone's wall, or a professional whose negligence causes financial loss, or even defamation (damaging someone's reputation).
3.1 The Obligation
The law imposes an immediate duty on the wrongdoer to repair the damage they caused—usually translated into paying financial compensation (damages) to restore the injured party to the position they would have been in had the wrong not occurred.
4. Unjustified Enrichment (When Fairness Demands Correction)
Sometimes, a person ends up benefiting financially at the expense of someone else without any legal justification or valid contract backing it up. The law finds this unfair and creates an obligation to correct the balance.
4.1 How it works
A classic example is a mistaken bank transfer—someone accidentally sends money into your account, and instead of reporting it, you spend it. Alternatively, a person mistakenly pays a debt twice.
4.2 The Obligation
The person who received the unearned benefit is legally required to make restitution (return the money or property) because keeping it amounts to unjust enrichment at another's expense.
5.Conclusion
In Zimbabwean private law, you are generally only legally bound to another private citizen because:
i.You promised to be (Contract)
ii.You broke the rules and hurt them (Delict)
iii.You received something valuable that isn't yours to keep (Unjustified Enrichment)
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Disclaimer
The article was shared for educational purposes only. This must not be construed as legal advice. Consult your legal practitioner for specific guidance to your case.
