law of obligations Flashcards
1) basic concepts
ex: the obligation to transfer the owndership of the pen
seller-obligor-in under the obligation to transfer the ownership
buyer-obligee-can claim the transfer ownership
2) sources of obligations
A) torts
B) juridical acts
C)unjust enrichemnt
D)other
A) Torts
*requirements for tortirous liablilty
i) wrongfullness
-any act against law
-any omission of an act required by law
ex: damaging someones property
ii) damage
an involuntary decrease in one’s asset
ex:thief breaks in steals tv then return undamaged
is it tortuos liability? no
criminal liability? yes
iii) adequate causation
*-causation(D over speed limit P was injured but not by D is D liable = NO)
-factual vs adequate (D driving to airpoty runs out of fuel P mises flight extra fee for next flight plane crushes P dies)= D liable for fee not for death
damage to foreseeable
iv) fault
-intent
-negligence
exception: strict liability - liability w/o fault
C) Unjust enrichment
enrichment w/o legal groun
F owes A 100tl but transfer to Z
4) requirement for validity of contract
i) mutual declartions of intent
offer -> esttential terms of the contract
intent to be bound
CCEPTANCE -> CONSİSTENCY OF OFFER
lack of mutual declaration = inexistence
ii) simulation
parties create an appearance as if a contract is concluded although they don’t intend to form one
iii) capacity to lead
if incapacitated= null and void
if limited capacity = consent needed
iv) genuine declarations of intent
intention should be genuine
if one of the parties were mistakes, subject to fraud or under duross the validity of the contract may be affected
a)mistake
b)fraud
c)duress
v) mandatory rules of law
if containing any of the following = null;
- good morals
-public order
-personality rights
-mandatory rules of law
vi) initial impossibility
-if impossible at the time of contract formation
ex: piece of art that was destroyed but if apples = they can be renewed
3) basic principles of contract law
-freedom of contract
-privity of contract/relativity of obligations relationship
a) mistake
if mistake is of material nature can be voidable
mistaken party should let the other party knowhe is voiding within one year
mistakes in communication= mistake as to the identity of the subject matter
mistakes as to the identity of other party
quantity mistake
mistake as to the nature of transaction
mistakes in motive= in principle not material
b) fraud
if one party misleads the other one to enter into contract
c)duress
forcing
2) Agency
-when a contact is concluded by an authorized agent, it is the principle who is bound bu the contract
-agent has to be authorized by law or unilateral act of principle
-if does not have authority _ transaction is incomplete (if principal approves it it becomes valid)
I) Requirement for validity of certain contacts
a) form of contracts:
i) simple written = signed by parties
ii) qualified written= morethan signing , certain provisions and terms must be handwritten
iii) official from= certain contract have to be concluded in official form
b) unfair exploitation
in bilateral contract; both parties promise something in exchange of the claim, if one party
-imposes upon the other party a contact the terms of which provides excessive advantage
-***
second part may void
c) standard terms
provisions prepared in advance to be used in multiple contacts
3)performance obligation
obligation to give
obligation to do
obligation not to do
3i) extinguishment of obligation
consistency with promise or obliggee’s acceptance of alternate to performance
acceptance in lieu of performance( getting bracelet instead of cash)
acceptance on account payment (with of bracelet)
3ii) partial performance
rule:obligee doesnt have to accept partial performance
might have to except in expections
3iii) performance in person
rule: performance in person not necessary
exception: parties agree on personal perf
cases where personal skill are imp
