LA Notary Obligations and Contracts

Question 1

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

Accepted Answer

To give, to do, and not to do

Answer

To pay, to perform, and to refrain

Answer

Express, implied, and constructive

Answer

Natural, civil, and moral

Question 2

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

Accepted Answer

Capacity, consent, cause, and a lawful object

Answer

Offer, acceptance, consideration, and writing

Answer

Mutual assent, consideration, legality, and formality

Answer

Consent, witnesses, notarization, and delivery

Question 3

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

Accepted 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

Answer

An onerous contract must be notarized; a gratuitous contract requires two witnesses

Answer

An onerous contract involves immovable property; a gratuitous contract involves movables only

Answer

An onerous contract requires a specific form; a gratuitous contract may be oral

Question 4

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

Accepted Answer

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

Answer

The obligation is immediately enforceable but performance is delayed

Answer

The obligation terminates upon fulfillment of the condition

Answer

The court suspends enforcement until the condition is reviewed

Question 5

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

Accepted Answer

Error, fraud, and duress (violence)

Answer

Inadequacy of price, error, and duress

Answer

Fraud, lesion, and incapacity

Answer

Duress, simulation, and confusion

Question 6

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

Accepted Answer

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

Answer

A conditional right that expires after one year if not accepted

Answer

Only a derivative right channeled through the stipulator

Answer

No enforceable right unless the third party is named as a party to the contract

Question 7

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

Accepted Answer

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

Answer

Physical damage to property that is the subject of the contract

Answer

A fraudulent misrepresentation that induced one party to contract

Answer

An error about the nature of the contract itself