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Obligations and Contracts Flashcards

7 cards from real LA NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. Under Louisiana Civil Code Art. 1967, 'cause' in a contract is best described as:

    Answer: The reason why a party obligates himself

    Louisiana Civil Code Art. 1967 defines cause as 'the reason why a party obligates himself,' which differs from common-law consideration and from a party's personal motive.

  2. Under Louisiana Civil Code, which type of error can vitiate consent and allow rescission of a contract?

    Answer: Error that concerns a cause of the obligation and is excusable

    Louisiana Civil Code Art. 1949 provides that error vitiates consent only when it concerns a cause of the obligation and is excusable — trivial or inexcusable errors do not invalidate a contract.

  3. Under Louisiana Civil Code Arts. 2025–2026 (simulation), what is the general effect of a simulated contract between the parties?

    Answer: Between the parties, the true agreement prevails; third parties in good faith may rely on the simulated contract

    Louisiana Civil Code Art. 2025 provides that a simulated contract has no effect between the parties, and Art. 2026 protects third parties acting in good faith by allowing them to rely on the simulated contract.

  4. What is the general prescriptive period for personal actions (including most contract claims) under Louisiana Civil Code Art. 3499?

    Answer: Ten years

    Louisiana Civil Code Art. 3499 establishes a ten-year prescriptive period for personal actions where no other period is provided by law.

  5. 'Legal subrogation' under Louisiana Civil Code Art. 1829 occurs when:

    Answer: Subrogation takes place by operation of law without the creditor's agreement

    Louisiana Civil Code Art. 1829 enumerates specific situations where subrogation occurs by operation of law (legal subrogation), as distinguished from conventional subrogation that requires an express agreement.

  6. A 'resolutory condition' under Louisiana Civil Code Art. 1767 is one that:

    Answer: Terminates an already existing obligation upon fulfillment of the condition

    Louisiana Civil Code Art. 1767 distinguishes a resolutory condition, which upon fulfillment terminates an obligation that already exists, from a suspensive condition, which creates the obligation upon fulfillment.

  7. Under Louisiana Civil Code, what is required for a contract's 'object' to be valid?

    Answer: The object must be possible, determinable, and lawful

    Louisiana Civil Code Art. 1971 requires that the object of a contract be possible, determinable, and lawful — future things may be the object of a contract as long as these requirements are met.