Cause

Question 1

What is cause within the law of obligations?

Answer 1

Cause is the persons motive or reason for obligating himself (Why did he incur the obligation?)

Question 2

T or F, cause must exist at the time the contract is made?

Answer 2

T

Question 3

What happens to a contract in the absence of cause?

Answer 3

it is absolutely null

Question 4

T or F, If cause fails, then the contract is dissolved.

Answer 4

T

Question 5

Can cause dissolve a contract retroactively?

Answer 5

No

Question 6

T or F, when object is unlawful, then cause will always be unlaful

Answer 6

T

Question 7

2019 Contracts for continuous or periodic performance

Answer 7

In contracts providing for continuous or periodic performance, the effect of the dissolution shall not be extended to any performance already rendered.

Question 8

What is the principal cause?

Answer 8

Objective cause (the obligation of the other party) furnishes the principal cause.
What is the real reason? What is the real cause?

Question 9

Can subsidiary causes be elevated by communication orally or as a condition in a contract when both parties agree?

Answer 9

Yes

Question 10

How is the objective cause determined?

Answer 10

According to the nature of the contract and w/o reference to the will of the parties

Question 11

The cause of the contract affects which three main elements of a contract?

Answer 11

(1) Cause is a helpful tool to characterize a contract as onerous or gratuitous
(2) An aid in determining when, in a commutative contract, a party ought not have to perform due to the other failure of performance or due to the destruction of a thing that is the object of the contract. This is “failure of cause”
(3) To assist in deterring vices of consent, which are flaws that eradicate the true apparent consent (cause is very important when dealing with this possible problem

Question 12

Is cause objective?

Answer 12

No cause is inherently subjective. The courts try to use the reasonable person determination as a guideline for deciding cause

Question 13

1966 No obligation without cause

Answer 13

An obligation cannot exist without a lawful cause
- Tie cause to convention obligation
-What is the cause of this obligation?

Question 14

1967 Cause define; detrimental reliance

Answer 14

Cause is the reason why a party obligates himself

Question 15

To be valid a cause needs what three things?

Answer 15

The cause must be (1)true (2) licit, and (3) existing)

Question 16

T or F, Cause is presumed?

Answer 16

T

Question 17

What is detrimental reliance?

Answer 17

Recovery may be limited to the expenses incurred or the damages suffered as a result of the promisees reliance on the promise. Reliance on gratuitous promise made w/o required formalities is not reasonable.

Question 18

T or F, Detrimental reliance on a gratuitous promise is not presumed.

Answer 18

T

Question 19

1968 Unlawful cause

Answer 19

the cause of the obligation is unlawful with the enforcement of the obligation would produce a result prohibited by law or against public policy

Question 20

1969 Cause not expressed

Answer 20

An obligation may be valid even though its cause is not expressed

Question 21

1970 Untrue expression of cause

Answer 21

When the expression of cause in a contractual obligation is untrue, the obligation is still effective if a valid cause can be shown.
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