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Obligations > What is an obligation? > Flashcards

What is an obligation? Flashcards

1
Q

Obligation

A

A legal relationship whereby a person, called the obligor, is bound to render a performance in favor of another, called the obligee. Performance may consist of giving, doing, or not doing something.

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2
Q

Sources of Obligations

A

Obligations arise from contracts and other declarations of will. They also arise directly from the law, regardless of a declaration of will, in instances such as wrongful acts, the management of the affairs of another, unjust enrichment and other acts or facts.

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3
Q

Good Faith

A

Good faith shall govern the conduct of the obligor and the obligee in whatever pertains to the obligation.

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4
Q

Performance in Good Faith

A

Contracts have the effect of law for the parties and may be dissolved only through the consent of the parties or on grounds provided by law.

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5
Q

Equity and Usage

A

Equity is based on the principles that no one is allowed to take unfair advantage of another and that no one is allowed to enrich himself unjustly at the expense of another.
Usage is a practice regularly observed in affairs of a nature identical or similar to the object of a contract subject to interpretation.

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6
Q

Contract interpreted in favor of obligor

A

In case of doubt that cannot be otherwise resolved, a contract must be interpreted against the obligee and in favor of the obligor of a particular obligation.
If the doubt arises from lack of a necessary explanation that one party should have given, or from negligence or fault of one party, the contract must be interpreted in a manner favorable ot the other party whether obligee or obligor.

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7
Q

Principle of liability or compensation

A

In a bilateral contract, every proper and lawful performance must be met by a counter-performance. A party who fails to perform will owe damages to the other. The parties must each also refrain from causing damage to the other party, and if such damage or unjust enrichment occurs, the party who is a fault must give reparation to the other party.

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8
Q

Juridical Act

A

A manifestation or declaration of will intended to have legal consequences. Juridical acts constitute an important source for obligations. Contracts are the most popular type of juridical acts. The theory of juridical acts is an indispensable part of the civil law of contract.

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9
Q

4 requirements for a valid contract

A

Capacity of the contracting parties.
Consent of the contracting parties.
A lawful cause of the conventional obligation.
A lawful, possible, determined or determinable object of the contract.

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10
Q

Capacity

A

All persons have capacity to contract, except unemancipated minors, interdicts, and persons deprived of reason at the time of contracting.

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11
Q

Consent

A

A contract is formed by the consent of the parties established through offer and acceptance.
Unless the law prescribes a certain formality for the intended contract, offer and acceptance may be made orally, in writing, or by action or inaction that under the circumstances is clearly indicative of consent.
Unless otherwise stipulated in the offer, there need not be conformity between the manner in which the offer is made and the manner in which the acceptance is made.

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12
Q

A lawful cause

A

Cause is the reason why a party obligates himself. A party may be obligated by a promise when he knew or should have known that the promise would induce the other party to rely on it to his detriment and the other party was reasonable in so relying.
Cause does not need to be expressed. it is presumed to exist and to be lawful absent any contrary expression or clear indication.

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13
Q

Object of a contract

A

The object of a contract must be determined at least as to its kind. The quantity of a contractual object may be undetermined, provided that it is determinable.

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14
Q

Definition of Contract

A

An agreement by 2 or more parties whereby obligations are created, modified, or extinguished.

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15
Q

Unilateral Contracts

A

When the party who accepts the obligation of the other does not assume a reciprocal obligation. (Donations)

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16
Q

Bilateral or Synallagmatic Contracts

A

When the parties obligate themselves reciprocally, so that the obligation of each party is correlative to the obligation of the other. (A sale)

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17
Q

Onerous Contracts

A

When each of the parties obtains an advantage in exchange for his obligation. (Each party will look forward to receiving something in return for her performance)

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18
Q

Gratuitous Contracts

A

When one party obligates himself towards another for the benefit of the latter, without obtaining any advantage in return. (Donations)

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19
Q

Commutative Contracts

A

When the performance of the obligation of each party is correlative to the performance of the other. (A sale)

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20
Q

Aleatory Contracts

A

When, because of its nature or according to the parties’ intent, the performance of either party’s obligation, or the extent of the performance, depends on an uncertain event. (Gaming & Wagering, & Insurance)

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21
Q

Accessory Contracts

A

Made to provide security for the performance of an obligation (principal contract). Suretyship, mortgage, pledge, and other types of security agreements are examples of principal contracts.

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22
Q

Principal Contracts

A

When the secured obligation arises from a contract, either between the same or other parties.

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23
Q

Nominate and Innominate Contracts

A

Nominate Contracts are those given a special designation such as sale, lease, loan, or insurance.
Innominate Contracts are those with no special designation.

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24
Q

Failure to Perform (AKA “breach”)

A

An obligor is liable for the damages caused by his failure to perform a conventional obligation. A failure to perform results from nonperformance, defective performance, or delay in performance.

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25
Q

The contract of sale

A

Sale is a contract whereby a person transfers ownership of a thing to another for a price in money. The thing, the price, and the consent of the parties are requirements for the perfection of a sale.

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26
Q

Absolute nullity

A

when a contract violates a rule of public order. (Illicit or immoral)

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27
Q

Relative nullity

A

when a contract violates a rule intended for the protection of private individuals. (When a party lacked capacity or did not give free consent at the time the contract was made).
A court can never declare relative nullity.
Can be confirmed (a declaration whereby a person cures the relativity nullity of an obligation)

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28
Q

Damages

A

Measured by the loss sustained by the non-breaching party (obligee) and the profit of which she has been deprived.

29
Q

Nonpecuniary damages

A

Harm suffered that cannot be linked plausibly to a sum of money.
These are typically awarded where the reason the obligee contracted was to gratify an interest that could not be estimated in dollars. (ex.-failure of dressmaker to deliver the wedding dress)

30
Q

Degree of Fault

A

the degree of fault of the breaching party will determine the extent of damages for which that party will be liable. The obligee’s subsequent behavior may also affect the extent of recovery of damages.

31
Q

Alternative remedy for breach of contract

A

dissolution of the contract.

32
Q

Primary remedy for breach of contract

A

Specific performance.

33
Q

Transfer of ownership

A

Ownership is transferred between the parties as soon as there is agreement on the thing and the price is fixed, even though the thing sold is not yet delivered nor the price paid.

34
Q

Delivery excused until payment of price

A

The seller may refuse to deliver the thing sold until the buyer tenders payment of the price, unless the seller has granted the buyer a term for such payment. (AKA a lien)

35
Q

Irrevocable Offer

A

An offer that specifies a period of time for acceptance is irrevocable during that time.
When an offeror manifests an intent to give the offeree a delay within which to accept, without specifying a time, the offer is irrevocable for a reasonable time.

36
Q

Expiration of irrevocable offer

A

An irrevocable offer expires if not accepted within the time prescribed.

37
Q

Revocable Offer

A

An offer not revocable may be revoked before it is accepted.

38
Q

Expiration of revocable offer

A

A revocable offer expires if not accepted within a reasonable time.

39
Q

Expiration of offer by death or incapacity of either party

A

An offer expires by the death or incapacity of the offeror or the offeree before it has been accepted.

40
Q

Option Contracts

A

An option is a contract whereby the parties agree that the offeror is bound by his offer for a specified period of time and that the offeree may accept within that time.

41
Q

Time when acceptance of an irrevocable offer is effective

A

When received by the offeror.

42
Q

Time when acceptance of an revocable offer is effective

A

Unless otherwise specified by the offer or the law, an acceptance of a revocable offer, made in a manner and by a medium suggested by the offer or in a reasonable manner and by a reasonable medium, is effective when transmitted by the offeree.

43
Q

Reasonableness of manner and medium of acceptance

A

A medium or a manner of acceptance is reasonable if it is the one used in making the offer or one customary in similar transactions at the time and place the offer is received, unless circumstances known to the offeree indicate otherwise.

44
Q

Time when revocation is effective

A

A revocation of a revocable offer is effective when received by the offeree prior to acceptance.

45
Q

Reception of revocation, rejection, or acceptance

A

A written revocation, rejection, or acceptance is received when it comes into the possession of the addressee or of a person authorized by him to receive it, or when it is deposited in a place the addressee has indicated as the place for this or similar communications to be deposited for him.

46
Q

Acceptance by performance

A

When an offeror invites an offeree to accept by performance and, according to usage or the nature or the terms of the contract, it is contemplated that the performance will be completed if commenced, a contract is formed when the offeree begins the requested performance.

47
Q

Acceptance only by completed performance

A

When, according to usage or the nature of the contract, or its own terms, an offer made to a particular offeree can be accepted only by rendering a completed performance, the offeror cannot revoke the offer, once the offeree has begun to perform, for the reasonable time necessary to complete the performance. the offeree, however, is not bound to complete the performance he has begun.
The offeror’s duty of performance is conditional on completion or tender of the requested performance.

48
Q

Notice of commencement of performance

A

When commencement of the performance either constitutes acceptance or makes the offer irrevocable, the offeree must give prompt notice of that commencement unless the offeror knows or should know that the offeree has begun to perform. An offeree who fails to give the notice is liable for damages.

49
Q

Acceptance by silence

A

When, because of special circumstances, the offeree’s silence leads the offeror reasonably to believe that a contract has been formed, the offer is deemed accepted.

50
Q

Acceptance not in accordance with an offer

A

An acceptance not in accordance with an offer is deemed to be a counteroffer.

51
Q

Offer of reward made to the public

A

An offer of a reward made to the public is binding upon the offeror even if the one who performs the requested act does not know of the offer.

52
Q

Revocation of an offer of reward made to the public

A

An offer of reward made to the public may be revoked before completion of the requested act, provided the revocation is made by the same or an equally effective means as the offer.

53
Q

Performance by several persons

A

Unless otherwise stipulated in the offer made to the public, or otherwise implied from the nature of the act, when several persons have performed the requested act, the reward belongs to the first one giving notice of his completion of performance to the offeror.

54
Q

Form contemplated by parties

A

When, in the absence of a legal requirement, the parties have contemplated a certain form, it is presumed that they do not intend to be bound until the contract is executed in that form.

55
Q

Proof of Obligations

A

The party alleging the existence, nullity, modification, or extinction of an obligation must prove his allegation by a preponderance of the evidence.
Conventional obligations required by law to be in written form cannot be proved by testimony or presumption unless the written instrument has been destroyed, lost, or stolen.

56
Q

Transfer of immovable property

A

Must be made by authentic act or by act under a private signature. Nevertheless, an oral transfer is valid between the parties when the property has been actually delivered and the transferor recognizes the transfer when interrogated under oath.

57
Q

Confirmation

A

A declaration whereby a person cures the relative nullity of an obligation.
an express act of confirmation must contain or identify the substance of the obligation and evidence the intention to cure its relative nullity.
Tacit confirmation may result from voluntary performance of the obligation.

58
Q

Ratification

A

A declaration whereby a person gives his consent to an obligation incurred on his behalf by another without authority.
An express act of ratification must evidence the intention to be bound by the ratified obligation.
Tacit ratification results when a person, with knowledge of an obligation incurred on his behalf by another, accepts the benefit of that obligation.

59
Q

Confirmation of donation

A

A donation inter vivos that is null for lack of proper form may be confirmed by the donor but the confirmation must be made in the form required for a donation.
The universal successor of the donor may, after his death, expressly or tacitly confirm such a donation.

60
Q

Contract not in excess of $500

A

When a writing is not required by law, a contract no reduced to writing, for a price or, in the absence of a price, for a value not in excess of $500 may be proved by competent evidence.
If the price or value is in excess of $500, the contract must be proved by at least one witness and other corroborating circumstances.

61
Q

Vitiated Consent

A

Consent that is not the product of the party’s free or true will.

62
Q

Agreement

A

A mutual assent of the parties.
“Meeting of the minds”
Has both an objective and subjective nature.

63
Q

Essential elements of a lease

A

a determined or determinable thing to be leased; a determined or determinable rent, and consent of the parties.

64
Q

Default place of delivery

A

where the thing is located at the time of the sale.

65
Q

Contents of Communication of Consent

A

Subjective element: will of the party.
Objective element: manifestation (declaration) of the party’s will.
Mere thoughts, that is, intent that has not been expressed will have no legal significance.

66
Q

Subjective theory of Assent

A

Requires an actual “meeting of the minds” by looking to what the actual intention of the parties was when they entered into an agreement.

67
Q

Knowledge Theory

A

a communication addressed to another person will become effective when the recipient (or an authorized agent of the recipient) actually obtains knowledge of the contents of the communication.

68
Q

Reception Theory

A

a communication addressed to another person will have legal effect once it comes into the possession of the recipient (or a designated addressee by the recipient, or an authorized agent of the recipient) regardless of whether the recipient has actual knowledge of the contents of the communication.

69
Q

Dispatch (transmission) Theory

A

(Mailbox Rule)
A communication addressed to another person will become effective the moment it is transmitted by the sender, regardless of whether it has be received by the recipient.

Obligations (1 decks)

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