OBLIGATIONS I – PROFESSOR NEDZEL
I. GENERAL PRINCIPLES OF OBLIGATIONS
A. Obligations in general
1. Art. 1756 – An obligation is a legal relationship whereby the obligor is bound to render performance in favor of the obligee. Performance may consist of:
a. giving – to give someone a right (i.e. transfer of ownership)
b. doing – to provide services (i.e. doctor or lawyer) c. not doing (i.e. contract not to compete)
Salles v Stafford – When a proposal for the sale of property provides a
provision which allows the Δ, at his discretion, to cause a new map or
resurvey to be made of the property, providing the same number of
square feet and location be retained, the agreement of the sale is not a
nullity for uncertainty of the property sold or as containing a potestative
condition.
2. In a sale, there are always two obligations. Both the buyer and the seller will act as both obligor and obligee.
3. Art. 1757 – an obligation can arise from:
a. contracts (declarations of will)
b. other declarations of will
c. the law (the law imposes an obligation on a person – i.e. delicts and taxes)
Harrison v Gore – When a student is molested and sexually harassed by a
former coach and the alleged act occurred 8 years before the institution
of a suit, the nature of the duty breached determines whether the action is
in tort or in contract. If in tort, a one year prescriptive period applies and
10 years if in contract.
4. Four types of obligations:
a. Contracts
b. Quasi-contracts (e.g. unjust enrichment, payment by mistake)
c. Delicts (intentional harms)
d. Quasi-delicts (unintentional harms) – has been merged w/ delicts
5. Patrimony – balance sheet of pecuniary assets and debts
a. Active side (assets) – property and pecuniary rights
b. Passive side (debts) – pecuniary items owed (e.g. mortgages and loans)
6. Theory of the Will
a. Juridical act – expresses the will to contract a change in your legal relationship with others (e.g. contracts, wills)
b. Juridical fact – law imposes an obligation – no act of the will is required
B. Types of Contracts – each set of terms are mutually exclusive (Art. 1907-1914)
1. Unilateral v. bilateral
a. Art. 1907 – In a unilateral contract, the party accepting the obligation does not assume a reciprocal obligation. (e.g. donations and most gratuitous acts.)
b. Art. 1908 – In a bilateral contract, both parties obligate themselves reciprocally so that the obligation of each party is correlative to the other. (e.g. sales and leases). There is a mutuality of obligation.
se, loan, or insurance). Innominate contracts have no special designation.
b. List of nominate contracts in Art. 1914 is not exclusive.
c. However, because a contract is innominate does not mean it is not enforceable. It is just governed by the general rules of obligations.
4 Elements of a Contract:
A. When these four requirements for the formation of a K are not met then the K is null (Art. 2029). All 4 of these requirements must be met in order for a K to be enforceable.
1. Parties must have capacity. (art. 1918) All persons have capacity to contract, except unemancipated minors, interdicts, and persons deprived of reason at the time of contracting. It is assumed persons have capacity.
2. Parties must consent. (art. 1927) est. thru offer and acceptance.
3. There must be a lawful cause. (art. 1966) Cause is the reason why a person obligates himself.
4. There msut be a lawful, determinable object. (art. 1971)
III. CONSENT (ART. 1927-1947)
A. Definition of Contract
1. Art. 1927 – A contract is formed by the consent of the parties established by offer and acceptance. Unless the law states otherwise, offer and acceptance may be manifested by any action or inaction that indicated consent under the circumstances. Unless the offer specifies otherwise, the manner of offer and acceptance may differ.
