Object

Question 1

What three things are we referring to when we talk about the object of a contract?

Answer 1

(1) the conventional obligation created by the contract
(2) The performance contemplated
(3) the underlying objects

Question 2

T or F, object must be licit/moral, possible and determinable at the birth of the contract.

Answer 2

T

Question 3

1971 Freedom of parties

Answer 3

Parties are free to contract for any object that is lawful, possible, and determined or determinable

Question 4

1972 Possible or impossible object

Answer 4

A contractual object is possible or impossible according to its own nature and not according to the parties ability to perform
- Possible at the time the contract was made
-Whether it cane be done (objective possibility)

Question 5

1973 Object determined as to kind

Answer 5

The object of a contract must be determined at least to its kind. The quantity of a contractual object may be undetermined, provided it is determinable
-an object too vague is not enforceable
- cannot say “Im going to sell you something”

Question 6

1974 Determination by a 3rd person.

Answer 6

If the determination of the quantity of the object has been left to the discretion of a third person, the quantity of the object is determinable.
If the parties fail to name a person, or if the person named is unable or unwilling to make the determination, the quantity must be determined by court.

Question 7

1975 Output or requirements

Answer 7

The quantity of a contractual object may be determined by the output of one party or the requirements of the other

Question 8

1976 Future things.

Answer 8

Future things may be the object of a contract.
The succession of a living person may not be the object of a contract other than an ante nuptial agreement. Such succession may not be renounced.

Question 9

2450 A future thing may be the object of a contract of sale

Answer 9

In such a case coming into existence of the thing is a condition that suspends the effects of the sale. A party who, through his fault, prevents the coming into existence of the thing is liable for damages.
How the future object of the contract, is a condition of the sale.
A sale of a future thing operates as condition

Question 10

2451 Sale of hope (aleatory contract)

Answer 10

A hope may be the object of a contract of sale. Thus a fisherman may sell his haul of his net before he throws it.

Question 11

1977 Obligation or performance by a third person

Answer 11

The object of a contract may be that a third person will incur an obligation or render a performance
The party who promised that obligation or performance is liable for damages if the third person does not bind himself or does not perform