Object

Question 1

Object

Answer 1

is the performance that a party or the parties will render under a contract

Question 2

Number of objects in a bilateral contract

Answer 2

2

Question 3

Number of objects in a bilateral contract

Answer 3

1

Question 4

An object must be

Answer 4

(1) lawful
(2) possible
(3) determined as to kind
(4) determinable as to quantity

Question 5

When is an object absolutely null?

Answer 5

when it is unlawful or against public policy
When the object is not possible

Question 6

Role of 3rd person w/ respect to object

Answer 6

can determine the quantity. If unwilling, court can determine.

Question 7

If there is not agreement between the parties as to the kind and the quantity

Answer 7

Then there is no contract

Question 8

An absolutely null contract is unenforceable, and a party to the contract cannot _______________________.

Answer 8

assert a cause of action for its breach

Question 9

When can a party can raise the absolute nullity of a contract as a DEFENSE?

Answer 9

for FAILING TO PERFORM

Question 10

a performance rendered under a contract that is absolutely null because the object is illicit or immoral

Answer 10

may not be recovered by a party who knew or should have known of the defect that makes the contract null

Question 11

The party who knew or should have known of the defect that makes the contract null invokes nullity to withdraw

Answer 11

before its purpose is achieved

Question 12

An object of a contract must be possible. If the object is not possible,

Answer 12

the contract is absolutely null

Question 13

The object of a contract may be one person’s promise that someone else will bind themselves to perform. It is essentially a promise that a third party will ratify a contract.

Answer 13

Promssee de Porte-Fort

Question 14

Effect of a Promesse De Porte-Fort

Answer 14

Since the third party is not bound initially, because someone else promised her performance without her consent, if she refuses to perform, the promisee has no action against the third person but DOES have an action against the promisor for damages.

Question 15

if the third person affirms the promisor’s promise,

Answer 15

then she is bound and the promisor is released. If she later goes back on her promise, the promisee can only go after her.

Question 16

Where the contract is a benefit to the third party.
The object of a contract may benefit a third party who is called a third party beneficiary.
Here, one party is agreeing to be bound so a third party can obtain some benefit.

Answer 16

Stipulation Por Autri

Question 17

However, the third-party beneficiary can reject a stipulation por autri. If the third-party beneficiary refuses the stipulation,

Answer 17

then the promisor shall render performance to the stipulator instead.

Question 18

The consent of the third party beneficiary is ___________.

Answer 18

presumed