Obligations Cram Cards

Front 1

Capacity

Back 1

1. All persons presumed to have capacity

2. Minors: incapable unless emancipated/married

3. Interdicts: incapable; act thru curator; no exceptions

4. Deprived of reason: proved by evidence; lucid intervals

Front 2

Cause

Back 2

Notion:

1. Principal

2. Suppletive (communicated?)

3. Onerous/donative

4. (Un)true

Function:

1. Characterization of contract

2. Enforceability

3. Valid and present

4. Absence/failure

5. Illegal/illicit

Front 3

Complete Offer

Back 3

1. Subjects

2. Object

3. Lawful Cause

4. Essential Elements

5. Serious legal intent

6. Fully confers power to offeree to accept

7. Modalities

Front 4

Acceptance

Back 4

1. Complete? or Counteroffer?

2. Manner/medium acceptable?

3. Formal validity?

4. Communicated? Revocable/Irrevocable

5. By silence? Performance?

6. Interpretation?

Front 5

Offer

Back 5

1. Complete?

2. Formal validity?

3. Communicated?

4. Still good? Revocable/Irrevocable?

5. Interpretation?

Front 6

Duress

Back 6

1. Directed threat?

2. Addressed?

3. Exercise of a lawful right?

4. Reasonable fear?

5. Contract with 3rd party?

6. Rescission

Front 7

Fraud

Back 7

1. Error concerning substantial cause

2. Misrepresentation/suppression of truth

3. Intent to obtain unjust advantage or cause loss/inconvenience

4. Committed by other party? 3rd party?

5. Confidence relationship?

6. Truth easily ascertained?

7. Rescission

Front 8

Error

Back 8

1. Curable/Incurable?

2. Bilateral/Unilateral?

3. Parties willing to perform?

4. Error of fact or error of law?

5. Substantial?

6. Excusable?

7. Will contract be upheld anyway?

8. Rescission