Sulc Obligations - Spring 2006

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Art. 1756. Obligations; definition

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An obligation is a legal relationship whereby Obligator is bound to render a performance obligatee.
Performance consist of
1) giving,
2) doing, or
3) not doing something.

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Art. 1757. Sources of obligations

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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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Art. 1758. General effects

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A. An obligation may give the obligee the right to:
(1) Enforce the performance that the obligor is bound to render;
(2) Enforce performance by causing it to be rendered by another at the obligor's expense;
(3) Recover damages for the obligor's failure to perform, or his defective or delayed performance.
B. An obligation may give the obligor the right to:
(1) Obtain the proper discharge when he has performed in full;
(2) Contest the obligee's actions when the obligation has been extinguished or modified by a legal cause.

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Art. 1759. Good faith

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

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Art. 1760. Moral duties that may give rise to a natural obligation

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A natural obligation arises from circumstances in which the law implies a particular moral duty to render a performance.

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Art. 1786. Several, joint, and solidary obligations

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When an obligation binds more than one obligor to one obligee, or binds one obligor to more than one obligee, or binds more than one obligor to more than one obligee, the obligation may be several, joint, or solidary.

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Art. 1787. Several obligations; effects

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When each of different obligors owes a separate performance to one obligee, the obligation is several for the obligors.
When one obligor owes a separate performance to each of different obligees, the obligation is several for the obligees.
A several obligation produces the same effects as a separate obligation owed to each obligee by an obligor or by each obligor to an obligee.

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Obligation

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Legally binding and enforceable
Duty -

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Art. 2315. Liability for acts causing damages

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A. Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.
B. Damages may include loss of consortium, service, and society, and shall be recoverable by the same respective categories of persons who would have had a cause of action for wrongful death of an injured person. Damages do not include costs for future medical treatment, services, surveillance, or procedures of any kind unless such treatment, services, surveillance, or procedures are directly related to a manifest physical or mental injury or disease. Damages shall include any sales taxes paid by the owner on the repair or replacement of the property damaged.

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Art. 3182. Debtor's general liability.

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Whoever has bound himself personally, is obliged to fulfill his engagements out of all his property, movable and immovable, present and future.

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Salles v. Stafford

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The conditions of the Contract are to be construed as the parties must be supposed to have understood them at the time of its execution therefore if a party agrees to the items such as resurveying the land he is then bound to the contract.
Patrimony-property right

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Art. 1927. Consent

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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 specified 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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Art. 1936. Reasonableness of manner and medium of acceptance

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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.

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Art. 1939 Acceptance by performance

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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.

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Art. 1942 Acceptance by silence

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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.

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Art. 2689. Payment of taxes and other charges

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The lessor is bound to pay all taxes, assessments, and other charges that burden the thing, except those that arise from the use of the thing by the lessee.

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The Romanist system

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cause (a reason) a will of the actor

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Anglo-American law

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Consideration (a thing)

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4 sources of obligation

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Contract-a agree between 2 or more person whereas time I money and item has been agreed to
Quasi contract – arises out an obligation
delicts –deliberately causing harm
Quasi delicts –negligence
Law-imposed directly by the law w/o regard to that person’s will

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Illinois Central Gulf RR Co. v. International Harvester

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Prop.
Every contract or modification of a previously concluded agreement requires the concurrence of the consent of the parties. Therefore, except in those instance in which the statutory law creates a legal presumption, the mere silence of an offeree should not, in principle be considered as involving acceptance on part of the offeree. There is no showing that Il. Central unequivocally consented to modify the contract so as permit a sublease.

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Marine v. Rehm

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Prop.
The obligation of a depositary is to use the same diligence in preserving the deposit that he uses in preserving his own property and the obligation is to be rigorously informed when it has been agreed that he shall have a reward for preserving the deposit. The proprietor of a parking lot who collects a fee for parking automobile is a compensated depositary who must be held strictly to his obligation to take as good care of the deposited automobile as he would of his own

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Transmission & reception theories

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Rejection is only good upon receipt

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Art. 1943

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The thing and the price are important although something might be non essential

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Ever-tile Roofing v. Green

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The Obligation of a contract extending to whatsoever is incident to such contract the party who violates them is liable as one of the incidents of his obligation to the payment of the damages which the other party has sustained by his default. Therefore the party obligated them self when he failed to caned before the other party excepted.

Where it has been agreed between the parties than an agreement Shall be reduced to writing the contract was not complete until it is written and signed by all the parties.

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Art. 1788. Joint obligations for obligors or obligees

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When different obligors owe together just one performance to one obligee, but neither is bound for the whole, the obligation is joint for the obligors.

When one obligor owes just one performance intended for the common benefit of different obligees, neither of whom is entitled to the whole performance, the obligation is joint for the obligees.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.

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Art. 1789. Divisible and indivisible joint obligation

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When a joint obligation is divisible, each joint obligor is bound to perform, and each joint obligee is entitled to receive, only his portion.

When a joint obligation is indivisible, joint obligors or obligees are subject to the rules governing solidary obligors or solidary obligees.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.