LA Bar Civil Law 2 — Questions and Answers
Question 1: Under Louisiana Civil Code, which type of obligation allows the obligor to choose between two or more equally due performances?
- Conjunctive obligation
- Alternative obligation (Correct answer)
- Facultative obligation
- Solidary obligation
Correct answer: Alternative obligation
An alternative obligation gives the obligor the right to choose one of two or more performances, each of which is separately due.
Question 2: A stipulation pour autrui in Louisiana requires that the third-party beneficiary:
- Sign the original contract
- Accept the benefit before the stipulator revokes it (Correct answer)
- Be identified by name in the contract
- Provide consideration to the promisee
Correct answer: Accept the benefit before the stipulator revokes it
Under Louisiana Civil Code Art. 1978, the stipulation may be revoked only before the third party has manifested his intention to avail himself of the benefit.
Question 3: Under Louisiana law, when a contract is dissolved due to a party's failure to perform, what remedy does the other party have in addition to damages?
- Punitive damages
- Restitution of performance already rendered (Correct answer)
- Unjust enrichment damages only
- Specific performance is the exclusive remedy
Correct answer: Restitution of performance already rendered
Upon dissolution, each party must restore to the other the things received in performance of the dissolved obligation, in addition to any damages.
Question 4: Under Louisiana Civil Code, a contract for the sale of an immovable must be in what form to be enforceable?
- Notarial act only
- Authentic act or act under private signature duly acknowledged (Correct answer)
- Writing signed by both parties before two witnesses
- Written form is not required if price exceeds $500
Correct answer: Authentic act or act under private signature duly acknowledged
Louisiana Civil Code Art. 1839 requires that a transfer of immovable property be made by authentic act or by act under private signature duly acknowledged by the parties.
Question 5: In Louisiana, which principle governs when an obligor performs an obligation owed to a third person in the mistaken belief that performance was owed to that person?
- Unjust enrichment
- Negotiorum gestio
- Solutio indebiti (Correct answer)
- Compensation
Correct answer: Solutio indebiti
Solutio indebiti (payment of a thing not owed) applies when a person pays an obligation he does not owe, entitling him to restitution.
Question 6: Under Louisiana law, a solidary obligation among obligors means each obligor:
- Owes only his virile portion
- May be compelled to perform the whole obligation (Correct answer)
- Must be sued jointly with all other co-obligors
- Owes the obligation only if the principal obligor defaults
Correct answer: May be compelled to perform the whole obligation
Under Louisiana Civil Code Art. 1794, a solidary obligor may be compelled to perform the whole obligation, giving the creditor the option to sue any one obligor for the full amount.
Question 7: Which of the following correctly describes 'lesion' in Louisiana contract law?
- Fraud inducing a party to enter a contract
- Damage suffered due to a disproportionate exchange, available only in limited contracts (Correct answer)
- A vice of consent equivalent to duress
- Any economic loss resulting from contract performance
Correct answer: Damage suffered due to a disproportionate exchange, available only in limited contracts
Lesion is the damage suffered by a party due to inequality in a commutative contract, and under Louisiana law it applies only in limited situations such as sales of immovables and partition.
LA Bar Civil Law 2
Under Louisiana Civil Code, which type of obligation allows the obligor to choose between two or more equally due performances?