Sources & Types
While neighbor Pierre is away on a three-week European vacation, a main water pipe bursts inside his house, flooding his living room. Pierre’s neighbor, Sarah, sees water gushing out under the front door. Sarah tries texting and calling Pierre, but Pierre's phone is off during his flight. Realizing immediate action is needed, Sarah hires an emergency plumber and remediation team for $1,200, paying out of her own pocket. Upon returning, Pierre refuses to pay Sarah back, arguing that because he never saw or replied to her text messages, no contract was ever formed between them.
Question: What is a quasi-contract, making Pierre legally obligated to reimburse Sarah for the $1,200?
Seventeen-year-old Mark purchases a $1,500 commercial espresso machine on credit for his independently operated coffee cart business. Two weeks later, Mark decides he wants to exit the coffee business and attempts to rescind the sales contract based on minority incapacity. The seller refuses, pointing out that Mark orally claimed he was 19 years old during the transaction, and furthermore, Mark is a minor under C.C. Art. 29.
What is the business purpose exception under C.C. Art. 1923, which prevents a minor from rescinding a contract related to his business?
On Monday morning, Arthur emails Beatrice offering to sell his tractor for $10,000, stating: "I will keep this offer open until 5:00 PM on Tuesday." On Monday afternoon, Arthur receives a higher offer from a third party and immediately emails Beatrice a revocation of his offer. Unaware of any legal restriction, Beatrice receives the revocation at 2:00 PM Monday, but at 3:00 PM Monday she emails Arthur an acceptance. Arthur refuses to sell, claiming he revoked before acceptance was dispatched.
What is an irrevocable offer, which cannot be revoked by the offeror during the stipulated time period?
Able, Baker, and Charlie sign a single contract with Landlord to rent a commercial warehouse for one year at a total annual rent of $30,000. The contract states: "Able, Baker, and Charlie jointly promise to pay the rent." The contract contains no express language declaring them "solidarily liable" or "liable in solido." When the tenants default on $9,000 of unpaid rent, Landlord sues Able alone for the entire $9,000 delinquent balance. Able contends he is liable for only his $3,000 share.
What is a joint obligation, where each obligor is bound for only his virile share of the performance?
Contractor claims that Homeowner orally agreed to pay $800 for custom garden landscaping. No written contract was ever signed. In court, Contractor testifies under oath to the agreement. Homeowner denies making the agreement. Contractor introduces no other witnesses, documents, or physical evidence. Homeowner moves for dismissal, arguing that under Louisiana law, oral contracts over $500 require at least two independent witnesses.
What is the proof requirement for contracts exceeding $500 under C.C. Art. 1836, requiring at least one credible witness AND corroborating circumstances aliunde?
Famous New Orleans muralist Antoine accepts a $20,000 commission to paint a custom portrait for Henri's private gallery. Before starting the painting, Antoine unexpectedly passes away. Henri demands that Antoine's adult daughter, Beatrice—who is Antoine's sole heir and has accepted his full succession—either paint the portrait herself or pay breach of contract damages out of her inherited assets. Beatrice contends that she inherited Antoine's assets but not his personal duty to paint.
What is a strictly personal obligation, which terminates upon the death of the obligor and does not transfer to heirs?
Sixteen-year-old Chloe and her parents execute a formal Limited Emancipation by Authentic Act before a notary and two witnesses, specifically granting Chloe capacity to buy and sell immovable real estate. One month later, Chloe negligently drives her car into a parked vehicle, causing $8,000 in damage. The injured driver sues Chloe’s parents, claiming that because Chloe was emancipated by authentic act, her parents are automatically liable for all her legal transactions and torts. The parents claim the emancipation eliminated their vicarious tort liability.
What is Limited Emancipation by Authentic Act, which confers contractual capacity for specified acts but does NOT relieve parents of vicarious liability for the minor's torts?
On October 1, Sam sends a written revocable offer via regular postal mail to David offering to sell a ski boat. On October 4 at 9:00 AM, David writes an acceptance letter, addresses it properly, and deposits it into the U.S. Mail mailbox. On October 4 at 11:00 AM, Sam sends an email revoking the offer, which hits David's inbox at 11:05 AM. Sam receives David's mailed acceptance letter on October 6. Sam claims no contract was formed because he revoked the offer before he received the acceptance.
What is the Dispatch Rule (Mailbox Rule) for revocable offers under C.C. Art. 1935, making acceptance effective upon dispatch?
Tom and Jerry conspire together and commit an intentional battery against Spike, causing $10,000 in medical damages. Under C.C. Art. 2324, intentional co-tortfeasors are solidarily liable. Prior to trial, Spike enters into a settlement agreement with Jerry, in which Spike expressly renounces solidarity as to Jerry and accepts $3,000 in full settlement of Jerry's share. Spike then sues Tom for the remaining $7,000. Tom argues that renouncing solidarity as to Jerry completely extinguished the debt as to all parties.
What is the renunciation of solidarity, which converts the obligation from solidary to joint without extinguishing the remaining obligors' liability for their shares?
Seller and Buyer agree to the sale of a residential home in Baton Rouge for $250,000. They write out the address, price, and terms on a cloth restaurant napkin, and both sign their names in ink. They do not visit a notary or have witnesses sign. Two weeks later, Seller receives a higher offer and attempts to cancel the sale, arguing that the napkin contract is invalid because the sale of an immovable requires an Authentic Act executed before a notary public and two witnesses.
What is an Act under Private Signature, which validly transfers immovable property without requiring notarization or witnesses?
Claire purchases a tract of commercial land encumbered by a recorded real obligation requiring the owner of the property to maintain a drainage culvert running along the northern boundary. Two years later, Claire transfers the land to Jacques. When the parish cites Jacques for failing to maintain the culvert, Jacques claims he is not liable because he never signed a personal agreement assuming the maintenance duty. Alternatively, Claire fears she remains personally liable because the obligation was created while she owned the land.
What is a real obligation, which attaches to the thing itself and transfers to the transferee upon conveyance?
Seventeen-year-old Leo signs an agreement to buy a used motorcycle for $3,000. Leo turns 18 years old the following week. On his 18th birthday, Leo transfers the $3,000 payment to the seller and takes possession of the motorcycle. Two days later, Leo regrets the purchase, returns the motorcycle, and demands his money back, claiming the contract was relatively null due to his minority when he signed it.
What is tacit confirmation, which cures the relative nullity of an obligation through voluntary performance after attaining full capacity?
Homeowner Helen hires Patrick to paint her two-story house for $4,000, with no specified method of formal written acceptance required. On Wednesday morning, Patrick arrives with his crew, sets up scaffolding, and scrapes old paint off the north wall for four hours. At noon, Helen comes outside and tells Patrick: "I changed my mind; I revoke my offer and hire someone else." Patrick sues for breach of contract. Helen argues that because Patrick never signed a written document or said "I accept," no contract was formed.
What is acceptance by commencement of performance under C.C. Art. 1939, which forms a contract the moment performance begins?
On August 18, 2025, University Student borrows a rare textbook from Professor, signing a written agreement promising: "I shall return this book within 10 days of today's date." On August 28, 2025, Professor demands the return of the book at 8:00 AM and sues Student for breach when Student states he will return it by 5:00 PM that afternoon. Student argues performance is not late until the full 10th day has elapsed.
What is the rule for computation of time under C.C. Art. 1784, which excludes the day the contract is executed and includes the entire last day of the term?
Vendor and Buyer execute a formal written contract for the purchase of 100 commercial office chairs at $100 each. Prior to signing, Vendor orally promised Buyer a 20% volume discount, but the signed writing listed the full $10,000 price without discount. One week after the written contract was signed, Vendor calls Buyer on the phone and agrees to modify the agreement to grant the 20% discount to encourage repeat business. When Vendor later sues for the full $10,000, Buyer seeks to introduce testimony regarding both the pre-signature oral promise and the post-signature phone call.
What is the Parol Evidence Rule under C.C. Art. 1848, which excludes prior or concurrent oral testimony but ADMITS evidence of subsequent valid oral modifications?
Camille signs a lease agreement for a retail storefront conditioned upon the parish zoning board issuing a commercial permit within 60 days. The lease agreement states that performance cannot be enforced until the permit is granted. On Day 30, before the zoning board votes, the landlord attempts to sue Camille to compel her to pay rent immediately, citing a clause on page 12 of the boilerplate lease stating "Tenant shall not delay rental payments under any circumstances."
What is a suspensive condition, which prevents the enforcement of an obligation until the uncertain event occurs?
Paul, who was diagnosed with early-stage Alzheimer's disease six months ago, signs a written contract to sell his antique automobile for $5,000 (fair market value). At the time of signing, Paul was experiencing a lucid interval and fully understood the transaction. Three months later, Paul's family files a lawsuit to rescind the sale, introducing Paul's medical diagnosis as conclusive proof that he lacked capacity. They also argue that because the buyer knew Paul was undergoing cancer chemotherapy at the time, the contract must be annulled for drug-induced deprivation of reason.
What is the requirement of being deprived of reason at the exact time of contracting, where a medical diagnosis alone does not prove lack of capacity?
Maria posts reward flyers across town offering $500 to anyone who finds and returns her lost French Bulldog, Pierre. James finds Pierre wandering in a park, checks the dog's collar tags, and returns Pierre to Maria's address. At the time James returned the dog, he had never seen the reward flyer and had no knowledge that a reward was being offered. The next day, a friend tells James about the flyer. When James demands the $500, Maria refuses, arguing that there was no "meeting of the minds" or mutual assent because James did not know about the offer when he performed.
What is the public reward rule under C.C. Art. 1994, which binds the offeror even if the performing party was unaware of the reward offer?
On August 1, Lender loans $5,000 to Debtor, with a written agreement that Debtor will repay $5,500 on December 1. On September 15, Debtor suffers catastrophic business losses, and his total liabilities exceed his total assets (insolvency). On September 16, Lender demands immediate repayment of the $5,500. Debtor refuses, pointing out that the express term is December 1 and that he has not filed for federal bankruptcy.
What is the immediate dissolution of the term due to insolvency, making performance due immediately under C.C. Art. 1782?
Dog Owner leaves her champion French Bulldog, Duchess, with Boarder for three weeks while traveling, agreeing to pay Boarder $50 per day (an onerous deposit). During the stay, Duchess unexpectedly gives birth to a litter of four valuable puppies worth $2,000 each. When Dog Owner returns and tenders the $1,050 boarding fee, Boarder refuses to return the puppies, claiming that as the depositary who cared for the mother during birth, he is entitled to keep the puppies as "fruits" or compensation.
What is the depositary's obligation to restore the deposited thing along with all its fruits to the depositor?
A casino operator enters into a written contract with a local official, promising to pay the official $50,000 in exchange for the official using his vote to approve a gaming license expansion. After the official votes in favor of the expansion, the casino refuses to pay. The official sues to enforce the contract, arguing that under Louisiana Civil Code Article 1, jurisprudence constante from past local dispute settlements treats signed private agreements as binding legislation between parties
What is an absolute nullity under Louisiana Civil Code Article 7, caused by derogating from laws enacted for the public interest?
Uncle Grandison executes an act under private signature making an inter vivos donation of a valuable painting to his nephew, Luke. At the time of the donation, Grandison was severely intoxicated and deprived of reason. One year later, Grandison passes away without ever seeking to rescind the gift. Luke retains the painting. Grandison’s estate sues Luke to rescind the donation. Luke defends the gift by proving that he (Luke) was completely unaware of Grandison’s intoxication when the painting was handed to him.
What is the burden of proof exception for gratuitous contracts, where a party seeking to rescind a living donor's gift need NOT prove the recipient's knowledge of the incapacity?
Auto Dealership runs a newspaper advertisement stating: "Come on down this weekend! Fantastic selection of brand-new sedans starting at just $22,000!" Buyer Bob walks into the showroom on Saturday, hands the sales manager $22,000 in cash, and demands the keys to a top-of-the-line luxury sedan parked on the showroom floor priced at $45,000. When the manager explains that the $22,000 price applies only to base models, Bob sues for breach of contract, claiming the advertisement was a binding offer for any sedan on the lot.
What is an invitation to negotiate (or invitation to treat), which distinguishes general advertisements from binding legal offers?
Equipment Finance Co. leases a commercial printer to Print Shop for 12 months at $500 per month, due on the 1st of each month. The contract contains a valid acceleration clause stating that default on any single monthly installment renders all remaining future monthly installments immediately due. Print Shop fails to pay the September installment. Equipment Finance Co. sues for the full $3,500 balance for all remaining months. Print Shop contends that acceleration clauses are illegal penalties and that Equipment Finance can sue only for the single $500 unpaid September payment.
What is an acceleration clause in a conjunctive obligation, which validly matures all future installment payments upon default of one?
Patron parks his car in a commercial parking lot, pays $20 into an automated machine, and receives a ticket stamped on the back in tiny 4-point fine print stating: "Management not liable for theft or damage." The parking lot has no attendants, but there are no signs posted anywhere at the entrance or on the premises indicating that the lot is unattended. While parked, Patron's car is stolen. Parking Lot Owner denies liability, claiming the transaction was a "lease of space" under R.S. 9:2783 rather than a deposit.
What is an onerous deposit creating depositary liability, because the parking lot owner failed to display prominent signage required for a lease of space?