What is an obligation?
What is the main difference between a principal contract and an accessory contract?
A principal contract needs no legal support other than its own to exist, but an accessory contract needs support of another contract which it is made to provide security for
obligee can demand performance from any obligor if the obligation is...
solidary for the obligors
true or false; duress can vitiate consent even if it is exerted by a third party
TRUTH (no conspiracy required)
How do we determine what damages are a direct result of failure to perform and/or foreseeable damages
Very circumstantial
(Moreteau thinks that 'direct' implies but for causation)
(from my notes: what are the foreseeable consequences from unknowing sale of a mad cow- a tricky question to think about for the exam)
Which two U.S. presidents have served/are serving two non-consecutive terms in office?
Let's ask Rob
Is quasi contract considered enrichment without cause?
NO!
Everyone agrees to pitch in for a shared Uber to the bar. You order it. Everyone rides. Only one person actually pays you back. Can you legally collect from all of them?
Only for their share. Divide This Obligation Like You Divided the Group Chat.
When does an offer die?
-death or incapacity of the offeror
-death or incapacity of the offeree
-offers have a natural death
-after the stipulated time if irrevocable offer
You failed to show up for a scheduled taco Tuesday on purpose because you're a hater. What kind of damages could that trigger?
Compensatory
I would argue that the group text scheduling the taco Tuesday is a juridical act and this is failure to perform without a excuse
True or False: Brody’s uncle had a hunting lease with Chadwick’s dad
IDK but apparently Carter does!
Calling an ambulance if Bockrath passes out in class is what kind of obligation?
Natural probs
Obligee forgives the entire debt for one solidary obligor. How does that affect the rest?
The obligation is reduced by that obligor’s portion.
Remission
You promise to buy everyone shots if LSU wins and you’re in a good mood. Is that an obligation?
I would say no that is not
potestative condition that depends solely on your whim = null
True or false; obligee has to prove loss in order to recover damages from obligee's failure to perform payment of a lump sum of money
False- go get your moratory damages!
we <3 art. 2000
What is Moreteau's astrological sign
He is a Gemini (I wrote this in my notes on 2/24)
When is management of affairs allowed?
When there is reasonably belief that the owner of the affairs would've acted the same way
An indivisible obligation is breached by one of the co-obligors. Can the others be sued for damages?
I think so because indivisibility makes everyone accountable.
Where does the duty of good faith carry its highest weight?
contract formation; art. 1983 second shot of good faith at this certain stage of the obligation
What are the ways to put your obligor on notice that performance is late (to trigger delay/default)
clear term in the contract, notice in writing or orally, and filing suit
Does a civil disturbance cause interruption of prescription?
idk lets ask liam haley
A contract states that if oil is discovered on a certain property, the landowner gets a share of the profits.
What kind of contract is this?
Aleatory? I Barely Know Her!
The Brad Boys signed a lease together as five solidary obligors. Rent is $3,000. Olin pays the entire rent this month. Oh No! Carter goes bankrupt and he’s totally insolvent.
How much can Olin legally ask each of the other solvent Brad Boys to pay up?
$750 each
Each of the four solvent Brad Boys owes their original $600 share, plus $150- 1/4 of Carter’s share
How is delegation (subjective novation) different than assumption?
original obligation must be discharged for novation to take effect
You're angry that mechanic took 7 months to repair your car can you get non-pecuniary damages for your emotional damages?
Court says no
1. the contract to repair the car seems to be a contract for fulfillment of a pecuniary interest
2. repair guys didn't know their lolly-gagging would cause this kind of anguish
(Meador v. Toyota)
What ethnicity is Parsi?
NOT Jewish