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Obligations and Contracts Flashcards

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  1. Under the Louisiana Civil Code, what are the three classifications of obligations based on their object?

    Answer: To give, to do, and not to do

    Louisiana Civil Code Art. 1756 classifies obligations by their object as: to give (transfer a thing), to do (perform an act), or not to do (refrain from an act).

  2. Which four elements are required for a valid contract under Louisiana Civil Code?

    Answer: Capacity, consent, cause, and a lawful object

    Under Louisiana Civil Code Art. 1927, a valid contract requires the capacity of the parties, their consent, a certain object, and a lawful cause.

  3. What distinguishes an 'onerous' contract from a 'gratuitous' contract under Louisiana Civil Code?

    Answer: In an onerous contract each party obligates himself for the benefit of the other; in a gratuitous contract one party benefits the other without receiving a benefit in return

    Louisiana Civil Code Art. 1909 defines an onerous contract as one in which each party obligates himself for the benefit of the other, while a gratuitous contract benefits one party without the other receiving anything in return.

  4. Under Louisiana Civil Code, a 'suspensive condition' attached to an obligation means that:

    Answer: The obligation comes into existence only if and when the condition is fulfilled

    Per Louisiana Civil Code Art. 1767, a suspensive condition is one that makes the existence of the obligation depend upon the uncertain event — the obligation arises only when the condition is fulfilled.

  5. Which of the following vices of consent can vitiate (invalidate) a contract under Louisiana Civil Code?

    Answer: Error, fraud, and duress (violence)

    Louisiana Civil Code Art. 1948 provides that consent may be vitiated by error, fraud, or duress (violence); inadequacy of price alone does not vitiate consent except where lesion is specifically available.

  6. A 'stipulation pour autrui' under Louisiana Civil Code Art. 1978 grants a third-party beneficiary:

    Answer: A direct right to demand performance from the promisor once the stipulation is accepted

    Louisiana Civil Code Art. 1978 provides that once a stipulation pour autrui is accepted by the third-party beneficiary, that party acquires a direct right to demand performance from the promisor.

  7. Under Louisiana law, 'lesion' as grounds to rescind a contract refers to:

    Answer: A disproportion between the obligations of the parties that may entitle the injured party to rescission in cases allowed by law

    Louisiana Civil Code Art. 1860 defines lesion as a disproportion between the parties' obligations; it is available only in specific cases such as sales of immovables and partitions, not as a general remedy.