Cause Flashcards
What is cause within the law of obligations?
Cause is the persons motive or reason for obligating himself (Why did he incur the obligation?)
T or F, cause must exist at the time the contract is made?
T
What happens to a contract in the absence of cause?
it is absolutely null
T or F, If cause fails, then the contract is dissolved.
T
Can cause dissolve a contract retroactively?
No
T or F, when object is unlawful, then cause will always be unlaful
T
2019 Contracts for continuous or periodic performance
In contracts providing for continuous or periodic performance, the effect of the dissolution shall not be extended to any performance already rendered.
What is the principal cause?
Objective cause (the obligation of the other party) furnishes the principal cause.
What is the real reason? What is the real cause?
Can subsidiary causes be elevated by communication orally or as a condition in a contract when both parties agree?
Yes
How is the objective cause determined?
According to the nature of the contract and w/o reference to the will of the parties
The cause of the contract affects which three main elements of a contract?
(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
Is cause objective?
No cause is inherently subjective. The courts try to use the reasonable person determination as a guideline for deciding cause
1966 No obligation without cause
An obligation cannot exist without a lawful cause
- Tie cause to convention obligation
-What is the cause of this obligation?
1967 Cause define; detrimental reliance
Cause is the reason why a party obligates himself
To be valid a cause needs what three things?
The cause must be (1)true (2) licit, and (3) existing)
T or F, Cause is presumed?
T
What is detrimental reliance?
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.
T or F, Detrimental reliance on a gratuitous promise is not presumed.
T
1968 Unlawful cause
the cause of the obligation is unlawful with the enforcement of the obligation would produce a result prohibited by law or against public policy
1969 Cause not expressed
An obligation may be valid even though its cause is not expressed
1970 Untrue expression of cause
When the expression of cause in a contractual obligation is untrue, the obligation is still effective if a valid cause can be shown.
BC of donations disguised as sales.
