classifications but also random stuff
gimme an example of a unilateral contract
will/testament
who does not have ability to consent?
unemancipated minors, interdicts, and people who are lacking reason at the time of contracting (ex: drunk, have a concussion)
joint vs. solidary
joint - different obligors owe together one performance to one obligee, or one obligor owes one performance for common benefit of multiple obligees BUT each obligor is only liable for their virile share (or for multiple obligees, only entitled to their share)
solidary - different obligors can all be called on to perform, they are each liable for the entire performance (but can then try to recover from each other)
3 sources of a term
absolute vs. relative nullity
absolute - cannot be cured (b/c impossibility, illegality, or immorality)
relative - the party can rescind, ratify, or confirm the contract (every other issue)
an indivisible joint obligation is treated like a solidary obligation BUT what's a difference
indivisible joint is heritable, solidary is not
Lev and Thomas make a contract that Thomas will steal items out of students' lockets to scare the students and Lev will pay her. What elements of cause does this meet and NOT meet?
exists at time of formation CHECK
common/shared CHECK
legal NOT COOL
when can a third party beneficiary enforce a contract?
when the principal obligor has performed and beneficiary manifests intent to benefit from it
Emma leases an apartment and the landlord says rent is due in 30 days. Is this a term or condition, and what kind?
suspensive term, because it suspends landlord's right to demand performance until term happens
Michael and Caitlyn owe each other various amounts of money for their snack-swapping. Caitlyn wants to cancel out the debts via compensation. How can she do this/what are the requirements?
Compensation is where 2 people owe each other a debt and cancel out both, extinguishing the obligation.
The debts must be of the same kind, liquidated (in a determined/set amount), and presently due.
obligation of result vs. of means
of result - obligor must achieve a certain result
of means - obligor just has to do his best (ex: doctor)
Moreteau is trying to get Paul to enter a contract. In order to do so, he threatens to harm his bestie Michael. Paul agrees to the contract. What can Paul argue, and why will it NOT work?
duress, but it won't work because duress can only be on immediate family
what da hell is porte-fort? and what happens if the third person performs or does not perform?
for Moreteau people: list Ned Stark's legitimate children in age order
2 parties enter into a contract where one party promises that a third person will perform
if that third person performs, they are substituted in and original obligor is released. if third party refuses to perform, the original party is liable for damages
Robb, Sansa, Arya, Bran, Rickon
Paul has made a contract with Parsi where he does not have to take the exam under the condition that Parsi does not find the golden goose's egg that he hid. Paul does not want that egg to be found, so he adds extra obstacles and keeps moving the egg when he agreed not to. What happens with the condition and contract?
what is novation?
extinguishment of the existing obligation by substituting a new one
explain commutative vs. aleatory obligations
commutative - performance of each obligation is correlative to each other
aleatory - performance of either obligation is dependent on an uncertain event, but both parties feel like they're getting equal value (ex: the fishing haul example, gambling)
There is an advertisement in the form of a flyer. It says "We'll fix your windshield nicks and cracks for free if you have one of these insurances companies listed." Does this count as a valid offer and why (which requirements does it meet)?
Bonus but i won't tell you what the bonus is
firm and definite proposal
contains essential elements of contract (object = repair and price = free)
serious
bonus: revocable b/c no time is specified so it would be in reasonable time
Emma, Josie, and Brittany are all solidarily liable $1500 to Blake. Emma is released from solidarity. Brittany is insolvent. Who owes what and why?
Emma owes $750 jointly and Josie owes $750 solidarily (release from solidarity does not mean you 100% don't have to pay)
Blake buys a car. The salesman says he pays every month and then once he's paid everything, he's done. Is this a term or condition and what kind?
extinctive term because it's immediately enforceable but once it's done the obligation is extinguished
Kate is in a conjunctive obligation toward Sean. She has to provide him with multiple crops from the Dior Farm (each treated as a separate obligation). But Kate fails to deliver the first one. What can Sean do?
he can demand performance of all the rest of the obligations immediately
Joe is obligated to his creditor Kylie. Joe had the right to get back some money from Biggie Cheese from an old debt, but he failed to do so and now is insolvent. What can Kylie do?
bonus: does it matter the timing of the old debt
oblique action, where she can exercise the right for him
bonus: no because oblique action never prescribes
What is a way an offer can expire WITHOUT involving revocability?
death or incapacity of either party before acceptance
Emma, Josie, and Brittany are all solidarily liable for $1500 to Blake. Blake remits Brittany's debt. Josie is insolvent. Who owes what and why?
Emma owes $750 as the remaining solidary obligor, and Blake owes the other $750 because it's his fault he remitted Brittany's debt.
Paul's contract with Parsi where there's a condition that he won't have to take the exam unless Parsi finds the golden egg: there's no fixed time for when he has to find egg, so when will condition fail?
after a reasonable time, when it's clear the uncertain event will not happen
Michael contracts with a guy named Ted to have Dior breed with his dog. In return, Ted can either pay Michael in money or let him keep a puppy. But unfortunately, Ted steals the puppies and sells them all overseas so they cannot be retrieved. What can Michael do?
it's an alternative obligation, so Ted had been able to choose which form of payment. Now though Ted caused one of his options to go away and Ted must now pay Michael money (so Michael can demand money)