LA Bar Contracts and Sales 2

Question 1

Under Louisiana Civil Code Article 1949, error vitiates consent only when it concerns:

Accepted Answer

A cause without which the obligation would not have been incurred

Answer

Article 1949 limits annulment to errors that concern a cause of the obligation that was known or should have been known to the other party.

Question 2

A third-party beneficiary contract under Louisiana law is called a:

Accepted Answer

Stipulation pour autrui

Answer

A stipulation pour autrui (La. CC Art. 1978) creates a contractual benefit for a third party who may accept and enforce it directly.

Question 3

Under Louisiana Civil Code, 'cause' of an obligation means:

Accepted Answer

The reason each party obligates themselves — the counterpart of the other's obligation

Answer

Cause (La. CC Art. 1967) is the reason a party incurs an obligation, typically the other party's undertaking in synallagmatic contracts.

Question 4

A resolutory condition in a Louisiana contract operates to:

Accepted Answer

Extinguish an existing obligation if the condition occurs

Answer

Under La. CC Art. 1767, a resolutory condition terminates an already-effective obligation upon the occurrence of a future uncertain event.

Question 5

Under Louisiana Civil Code Article 2589, lesion beyond moiety entitles a seller of an immovable to seek rescission when the seller received less than:

Accepted Answer

One-half of the fair market value

Answer

Lesion beyond moiety applies when a seller of an immovable receives less than half the fair market value, allowing rescission or supplementation of price.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Contracts and Sales 2