LA Bar Civil Law 2

Question 1

Under Louisiana Civil Code, which type of obligation allows the obligor to choose between two or more equally due performances?

Accepted Answer

Alternative obligation

Answer

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:

Accepted Answer

Accept the benefit before the stipulator revokes it

Answer

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?

Accepted Answer

Restitution of performance already rendered

Answer

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?

Accepted Answer

Authentic act or act under private signature duly acknowledged

Answer

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?

Accepted Answer

Solutio indebiti

Answer

Solutio indebiti (payment of a thing not owed) applies when a person pays an obligation he does not owe, entitling him to restitution.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Civil Law 2