Capacity to consent to sell
What should we do in the law of sales when this hypothetical comes in with a double dealing seller
A sells to B
Before B can pick it up
A then sells and delivers to C
What is the result?
If the movable has not been delivered yet, subsequent purchaser in good faith keeps item
(may be a claim against og seller)
Facts and holding of McDuffie v. Walker
Foundational Public Records Doctrine case
T/F ownership and risk transfer immediately upon the sale of anything
False, only ownership transfer, risk sometimes stays with the seller
What are the three general requirements for a redhibitory claim
Truly redhibitory
Hidden from Buyer
existed at the time of sale
What do you need consent OF when it pertains to a lease
The THING and the RENT (Nunguesser)
What are the requirements of a sale
The thing, the price, and the consent of the parties are requirements for the perfection of a sale
If Emma sells her land to Brittany, and in the documents prepatory to sale and in the final act of sale, emma notifies brittany of her retaining her timber estate, but emma has not recorded it, can brittany then claim the public records doctrine as protection against emma's timber estate and take it for herself?
No- BRadley v. Sharpe
Describe to me what a sale upon view or trial is and its effects
Suspensiev condition sale, ownership does not transfer until it is viewed and approved by the buyer
Facts and holdings of Rey v. Cucia
defect in the camper trailer hitch possibly from manufacturer and possibly from the installer
- Buyer does NOT have to prove the exact cause
- Manufacturers always deemed to know
-Even with no privity can still recover
What are the legal terms used for a lease
Ag- Year to Year
Immovable/residence- month to month
Other- day to day
What are the facts and the holding of Loseco v. Gregory
Oranges, sale of a hope
Can you leave the price of your SALE up to a third person? What happens if they can't or won't provide that price?
Yes, price only needs to be determinable
If the parties fail to agree on or appoint a person, the price will be determined by the court (2465)
What is an option contract
Art. 1933: Option contract
Offeror is bound by his offer for a specified period of time and that the offeree may accept
No mention of consideration
What are/is the differences between good anf bad faith recovery of a redhibition claim
BF adds atty fees and damages and the seller may not be needed to have an oppurtunity to repair
What are hte options a lessor has as it pertains to allowing a sublease
Never
Written consent
Written consent but can only reject with reasons (Abuse of right)
What are the Duhon factors and how are they used in the law of sales?
Buyer has some control over specifications in contract to build
Negotiations in a contract to build occur before construction
Contract to build involves furnishing the skill of one party
What are four reasons that parol evidence can be introduced in the law of sales
Prove a vice of consent, unlawful cause
A valid subsequent oral modification (only for movables)
A fact collateral to the agreement
To aid in the interpretation of the written agreement when there is an ambiguity
Can you give me the facts and the holding of Robichaux and what contract is central to this case
Right of First Refusal
Crow Factors from David v. Thoreaux
Concealed- no duty
Some detectable buyer is under duty to investigate
If seller represents defects corrected, simple inspection is fine
Three principal obliagtions of a lessor and the three principal obligations of a lessee
Lessor has three principal obligation
Deliver the thing
Maintain the Thing
Protect Peaceful Possession
Lessee has three principal obligation
Pay rent
Use as prudent administrator in accordance of the purpose which it was leased
Return in same/similar condition
Battle of the Forms: What are the articles and describe the last shot/first shot and knockout rules
2601/2602
Last shot: Additional terms added in an acceptance control if they are not rejected
First shot: Additional terms added in an acceptance are thrown out
Between non-merchants, Louisiana uses first shot
“Knockout rule"- Two merchants, you send object without agreed term, whomp whomp, first shot applies
What are the two elements needed to EKE out title
The writing provides enough indication of the parties’ mutual intent as to the object of the sale so that a court can distinguish the property that is the subject of the purported sale from other properties, and
You are relying primarily or substantially on written evidence, not parol evidence.
Time Limits for a Right of First Refusal
No max time for movables
10 year max for immovables, unless connected to periodic obligation (lease)
10 days to accept for movables
30 days to days to accept immovables
Unless grantor concludes within 6 months if conclusion of final sale fails it goes back to term specified
Elements or steps to making sure your waiver for redhibitory claims are good
Terms must be clear and unambiguous
Terms are brought to attention of buyer AND
Seller has not made false representations
Describe Reconduction and give me the nice little reconduction 2 step
Lease with a fixed term; Lessee stays in place after expiration and lessor makes no opposition
This continues lease with same conditions
Moves to indeterminate judicial term leases
2 step
Did reconduction occur
Ag lease- stays for more than thirty days
One week in case of other leases with a fixed term longer than a week
One day with a fixed term equal to or shorter than a week
Supply the term
Ag- year to year
Non ag- month to month if lease is longer than a month
Day-day for leases less than a month
Expired term if less than that