Obliging Onseself
What is an Obligation?
An obligation is a legal relationship whereby an obligor is bound to render a performance in favor of the obligee. Performance may be giving, doing, or not doing. Article 1756
Does a period of time in a term, need to be determined and specific?
No, but it must be reasonable
1778- period of time can be determinable or undeterminable (then needs to be reasonable)
What is a synallagmatic Contract?
Bilateral
True or False
Josie lies to Paul about the car she is selling, it is way... way worse then what she described.
The contract is now absolutely null and is taking out of effect through operation of law
FALSE
Contract has the effect of ___ on the parties
Law
What is the difference between an obligation of result and an obligation of means?
Obligation of means – Obligator is expected to use the best possible means available to him, but without guaranteeing a definite result (Carrier of goods)
Obligation of Result- Usual contracting methods Bound to furnish a specific result
What is the difference between a term and a condition in a contract?
term: When the performance of an obligation depends on the occurrence of a future event that will happen. period of time for performance
Condition: uncertain event that may or may not happen
What are the three exceptions to the rule "all persons have the capacity to contract"
Minors
Interdicts
Any other person deprived at the time
(double the points if you can name the civil code article)
(Triple the points if you can name the elements of Duress listed in the code!)
(violence, threat, or unlawful retain) of such a nature as to cause reasonable fear of unjust and considerable injury to party’s person, property, or reputation. Article 1959
Reasonable Fear of Injury (Fear must be present when entering contract)
To person, property, or reputation
To effect consent from the party
What are the three reasons that an obligee can put an obligor in default?
non performance, defective performance, delay of performance.
Obligations can be made by having an obligor perform one of three actions... Name them
Do, not do, give
Explain the three types of multiple person obligations
Several
Joint
Solidary
Blake offers Brittany his car, he says he doesn't need it anymore as he is going big time as a law school tutoring streamer on Twitch. He said to Brittany, "ill let you have my car for 12 grand, and ill give you until next Friday to decide" he then drives away.
Two days later, Blake gets an offer from Josie for 15k and Blake being the good businessman as he, has to accept. He slips a written revocation into Brittany's locker, telling her the situation.
However, Brittany is a bad student and does not check her locker. She then goes up to Blake and tries to accept the deal.
Result?
Blake CANNOT revoke the offer since he gave Brittany until "next Friday"
Even so, A written revocation is not received until in the offeree's possession
What is CAUSE in a contract?
What can a cause NOT be.
purpose, motivation, of the contract (1967)
Article 1966: object cannot exist without legal cause
T/F
When an obligor fails to complete their obligations, it is automatically breaches and dissolved by operation of law
Why or why not
False almost never dissolved immediately
(double points= name one of the ways that it may be dissolved immediately)
HYPO: Paul owes a worker (Emma) $5000 for fixing his pool. Emma never sent a bill and therefore Paul never pays. 5 years later after prescription runs, he sees Emma and they get to chatting. when the topic of the bill comes up, Emma begins talking about how her business had to be closed because she was short on cash that year. Paul confesses to what happened and says "I'll send you a check soon". Analyze
Natural obligation not enforceable - 1760
Rose to a civil obligation when Paul ackowlegded and created a new obligation- 1762
HYPO (events happen in order listed): Paul is owed 3k by Blake, Caitlin, and Brittany in solidarity.
Paul remitts Brittany in writing of her debt because Brittany signed the roll for him one day in Obligations.
Caitlin goes insolvent because of her law school debts and a massive wedding bill
Paul now comes calling to Blake for his money. What is the Result? After Effects?
Blake may owe Paul his 1500, plus the half from Caitlin
What are the two ways in Article 1936, that someone may Accept an offer.
(Bonus 200 if you name the exception)
1) in the form the offer recieved
2) similar forms in which other transactions of this type occurred
(unless spelled out in the offer by which form they specifically want)
What are the three steps of determining error
[1] it concerns a cause without which the obligation would not have been incurred and
The reason must be one of those listed in 1950
[2] The error must be serious
[3] that cause was known or should have been known to the other party. (the reason must have been part of the deal. If the reason is totally subjective, it is essential to inform the other party)
When is an obligor liable for their failure to perform, even if there is a fortuitous event.
When they have assumed the risk of the obligation
This is a TWO Parter:
What is a Quasi-Contract?
What are the two examples of a quasi-contract?
When a Contract is not OFFICALLY formed, but instead implied
Enrichment without cause
Management of affairs
2292: when a person, the manager, acts without authority to protect the interests of another, the owner, in the reasonable belief that the owner would approve of the action if made aware of the circumstances
ANOTHER HYPO!!!
Caitlin wants to contract with Brittany for their trip to France. The contract is a synalagmatic contract where if one of them gets robbed in Lyon for their trainers, the other will have to run (like actually run physically) to London, grab their favorite pair of shoes and get back before the end of that day.
Result?
No the condition is invalid because it is IMPOSSIBLE!!
Article 1769
What MUST an offeree do if he wants to accept an offer by performance (Note, it is not just perform)
They only do not do this on two conditions, what are they?
Needs to give notice to the offeror that he has begun to accept
If they knew or should know
Emma owns some land. She gives a verbal lease to Brittany to farm her land for a portion of the crop.
Afterwards, Emma grants a oil lease on the property as well to Caitlin's Racketeering Underland Drilling (CRUD)
CRUD and Emma sign a lease where they agree CRUD shall be responsible for all damages to lessor's crops and timber caused by their operation.
Sure enough CRUD does what it does and Oil spills everywhere, ruining the crops and putting Brittany out of her hard earned income.
She sues for tort, result?
Third party Stipulations
While not express, there can be a third party stipulation here considering the language in the oil lease for Brittany since takes care of the crops (andrepont Case)
What are the TWO kinds of subrogation
Explain them in great detail
(name at least three of the ways in which one of them may be invoked)
Legal and conventional
Legal: in five circumstances
Conventional
- voluntary agreement