Multiple Parties
true or false; solidarity of obligation shall be presumed
FALSE- solidarity of obligation shall NOT be presumed
only when (1) expression of parties' intent and (2) where the obligation is indivisible by its nature
this type of obligation arises when a duty to care is attached to the contractual obligation
(Grey area between tort and contract liability)
Obligation of means
true or false; an obligor in good faith is liable for all damages, foreseeable or not, if he fails to perform
FALSE- an obligor in good faith is only liable for foreseeable damages from the time the contract was made
an obligor in bad faith is liable for foreseeable damages that are direct consequences from his failure to perform
This vice of consent consists of sneaky maneuvers and schemes that would lead someone who is not stupider than the reasonable person to make an error
FRAUD
What instrument does Moreteau's wife play?
piano
What happens if one person in a solidary group of debtors gets released by the creditor?
The others still owe, but the total amount gets reduced by that person’s share.
(remission)
I say I’ll install your new mailbox if it doesn’t rain Saturday.
What type of condition is this?
Suspensive
uncertain event, delays perfomance
The obligee has the right to specific performance for which 3 types objects for the obligation
(sorry if this isn't english I'm a tweaker- you know what I'm talking about)
to deliver, not to do an act, execute an instrument
Threatening to burn someone's house down if they don't consent is an example of which vicious behavior?
Duress
What is Galligan's B-day?
What’s the difference between it being a joint indivisible obligation and a solidary obligation?
Joint indivisible = must perform together, but each owes just their part.
Solidary = each owes all of it, and the creditor can pick who to recover from- then the parties figure out compensation and stuff
A debt was ruled null due to a technicality, but you still feel it was right to pay and do so.
Natural obligation — a classic case of legally void, morally valid
What are some of the reasons the court will consider to determine if specific performance is permitted?
(Northgate Mall case)
-disproportionate cost
-not in plaintiff's real interest to get the performance anymore
-third-parties would be negatively impacted
-potential negative effects on the community
true or false; economic pressure that causes someone to feel threatend may constitute duress
False- duress refers specifically to threat against person, property, or reputation
(ex. Wilson v. Aetna case; he knew he could probably end up getting more if he didn't take the settlement but he didn't have enough money to satisfy his current needs unless he took it)
What group was I in for reaction notes?
Group A
True or False: Renunciation reduces the amount owed
False — it doesn’t change the total debt, just who can be pursued.
Is an employment contract heritable?
No ma'am
all obligations to perform personal services are presumed to be strictly personal on the part of the obligor
What type of obligations can the court enforce specific performance of through injunction?
obligation not to do
When does enrichment without cause occur?
When there is no juridical or legal actions which lead to enrichment
Sing Callin Baton Rouge to me!
That's my favorite song
Three people owe $900 solidarily. The creditor says to one, “You’re cute, you’re forgiven.” What does that mean for the other two?
They’re not cute! They now owe $600 total, because the first person’s share was wiped out.
WTF is a quasi-contract?
obligations arising without agreement and so long as they result from a lawful voluntary act of one person brought for benefit of another
(IDK why I need to know these things)
What is the difference between delictual damages and compensatory damages??
Compensatory damages are justified by a juridical act
If someone punches you in the face:
You can sue for delictual damages (because the source is a wrongful act)
And you’ll likely receive compensatory damages (money for your physical and emotional harm)
What are the 3 requirements to nullify a contract for error?
1. must concern a cause (reasons listed in art. 1950)
2. must be serious ("a cause without which the obligation would not have been incurred" -art.1949)
3. the reason must have been a part of the deal; it was known or should have been known to the other party
Who is the Brad Boyz pledge?
(reminder: there are 500 points on the line for this one)
Is it me??!??!
if it is me first, that isn't very pure of heart and also can I just be initiated already??