Civil Code Articles
A term for the performance of an obligation by the nature of the contract. Performance of an obligation not subject to a term is due immediately.
What is an Expressed or implied term?
Art. 1777
This case involved a suit for damages for breach of an oral contract allegedly entered into by plaintiff Vardaman Caston and defendant Woman’s Hospital Foundation, Inc. Defendant answered, denying liability, and bringing in Burton M. Battle, its former administrator as third party defendant. Mr. Battle answered, denying liability and impleaded T. S. Bennett, Chairman of the Board of Directors of the defendant Foundation.
What is Caston v. Woman's Hospital Foundation?
The word is used in at least two different ways in the Civil Code: it can refer to (a clause) in a contract, or it can refer to a contract that has an express or implied time or date for performance. Art. 1777. The latter is the concept discussed in Articles 1777-1785. If a contract does not include it, then it is assumed that performance is due immediately. Id.
What is a term?
An obligation thagt binds the obligor to multiple items of performance that may be separately rendered or enforced. In that case, each item is regarded as the object of a separate obligation.
The parties may provide that the failure of the obligor to perform one or more items shall allow the obligee to demand the immediate performance of all the remaining items.
What is conjunctive obligations?
Art.1807
means ‘and’ while alternative means ‘or.’ the obligor is required to perform multiple items of performance.
What is a conjunctive obligation?
A term for an obligation is a period of time either certain or uncertain. It is certain when it is fixed. It is uncertain when it is not fixed but is determinable either by the intent of the parties or by the occurrence of a future and certain event. It is also uncertain when it is not determinable, in which case the obligation must be performed within a reasonable time.
What is Term for performance?
Art. 1778
This court affirmed the trial court decision finding that the lifetime of a structure” is a definite and ascertainable period’ , and that therefore the term of these contracts is determined.
What is State v. Orkin Exterminating Co., 528 So. 2d 198 (La. App. 4 Cir. 1988)?
If the time for performance is fixed.
What is a certain term?
An obligation when an obligor is bound to render only one of two or more items of performance.
What is an alternative obligation?
Art.1808
Each such item is regarded in a conjunctive obligation is regarded as what?
What is a separate obligation?
A term presumed of an obligation; unless the agreement or the circumstances show that it was intended to benefit the obligee or both parties.
What is a Term presumed to benefit the obligor?
Art. 1779
This case held that "A term is presumed to benefit the obligor, and she is the only party who can renounce it , because there was no prepayment penalty clause, they had the sole right to renounce the term and pay ahead of time. "
What is Castano v. Bellina, 503 So. 2d 195 (La. App. 4 Cir. 1987)?
Art 1779, 1780: A term is presumed to benefit the obligor, and she is the only party who can renounce it.
the law allows the life of a contract to be commensurate with the life of a party, or even to be made in perpetuity, as is the case with a contract of annuity.
What is a lifetime contract?
When an obligation has the choice of the item of performance belongs to the obligor unless it has been expressly or impliedly granted to the obligee.
What is when the Choice belongs to the obligor?
Art.1809
Louisiana Civil Code only contains one article pertaining to this type of obligation
What is conjunctive obligation?
When the obligation is subject to a term and the obligor fails to furnish the promised security, or the security furnished becomes insufficient, the obligee may require that the obligor, at his option, either perform the obligation immediately or furnish sufficient security. The obligee may take all lawful measures to preserve his right.
What is Impairment or failure of security?
Art. 1783
This court held that " Because each month’s salary is a conjunctive obligation, the defendant’s act of paying towards the debt interrupted prescription only on that oldest debt, not the others. And only for three years. So, the only debt that was acknowledged, and the only one on which liberative prescription was interrupted and the date on which prescription began running anew on that debt."
What is Gardiner v. Montegut, 175 So. 120 (La. App. Orl. 1937)?
interpreting a term in a way that is consistent with its purpose,
What is contractual interpretation?
When the choice belongs to the obligor and one of the items of performance contemplated in the alternative obligation becomes impossible or unlawful, regardless of the fault of the obligor, he must render one of those that remain.
When the choice belongs to the obligee and one of the items of performance becomes impossible or unlawful without the fault of the obligor, the obligee must choose one of the items that remain. If the impossibility or unlawfulness is due to the fault of the obligor, the obligee may choose either one of those that remain, or damages for the item of performance that became impossible or unlawful.
What is Impossibility or unlawfulness of one item of performance?
Louisiana Civil Code contains several articles pertaining to this type of obligation
What is an alternative obligation?
When the term for performance of an obligation is not marked by a specific date but is rather a period of time, the term begins to run on the day after the contract is made, or on the day after the occurrence of the event that marks the beginning of the term, and it includes the last day of the period.
What is Term for performance not fixed?
Art. 1784
This court held that "The parties did not suspensively condition the contractors’ obligation to make payments until the contractor was paid. Both of the subcontracts at issue assumed that payment by the World’s Fair owner was a reasonably certain event. What the clauses meant related instead to the timing of payment – not the existence of payment – the clause allowed the contract to delay it payment until he himself was paid in the anticipated normal course of events. The clause was never meant to cover the contingency that Louisiana World Fair would never pay."
What is Southern States Masonry v. Jones Const., 507 so. 2d 198 (La. 1987): “Pay when Paid” clauses?
If it is not fixed but is determinable either by the parties’ intent or by the occurrence of a future and certain event
What is an uncertain term?
When the choice belongs to the obligor, if all the items of performance contemplated in the alternative obligation have become impossible and the impossibility of one or more is due to the fault of the obligor, he is liable for the damages resulting from his failure to render the last item that became impossible.
If the impossibility of one or more items is due to the fault of the obligee, the obligor is not bound to deliver any of the items that remain.
What is obligor's laiiblity for damages?
when an obligor is bound to render only one of two or more items of performance.
What is an alternative obligation?