STUVIA 2024/2025
Obligations, Leases, & Contracts- BLAW 310
a benefit for a third person - ✔✔third party beneficiary
a condition may be _____ or ____ - ✔✔suspensive or resolutory
a contract is an agreement between 2 or more parties by which obligations are _____, _____, or
_____ - ✔✔created, modified, or extinguished
a contract is the law between the parties and can dissolved by the _____ of the parties and for ____ -
✔✔mutual consent, legal grounds
a contract whereby a person transfers ownership of a thing to another for a price in money - ✔✔sale
a doubtful provision must be interpreted in light of the. nature of the contract, ____, usages, the
conduct of the parties before and after the formation of the contact and other similar conduct -
✔✔equity
a null contract is deemed to _____ have existed - ✔✔never
%
a obligor action in ____ _____ is liable only for the damages that were ____ _____ when the contract
was executed - ✔✔good faith, reasonably foreseeable
a performance ____ ____ in compliance with a natural obligation _____ be reclaimed - ✔✔freely
rendered; cannot
a person who assumes another's obligation stands in the shoes of the _____ ______ - ✔✔original
obligor
a unilateral contract in which one party agrees that she will not sell a certain thing w/o first offering it
to a certain person - ✔✔right of first refusal
a vice in the thing that meets one of the following: 1. Defect renders the thing useless or its use so
inconvenient that must be presumed that buyer wouldn't have bought the thing had he known of
defect a buyer entitled to rescission of the sale 2. Defect totally diminishes the thing's usefulness or
its value so that is must be presumed that the buyer should still have bought it but for a lesser price a
buyer is entitled to a reduction of the price - ✔✔rehibitory defect
all must be satisfied to bring an action for lesion - ✔✔lesion beyond moiety
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all persons have contractual capacity except: - ✔✔1. Unemancipated minors
2. interdicts
3. persons deprived of reason
all things susceptible of ownership, corporeal, or incorporeal - ✔✔items capable of sale
an obligation as to the obligors when each owes the whole performance and solidary as to the
obligees when each is entitled to receive the whole performance - ✔✔solidary obligations
an obligation is _____ if the obligor is bound to render one of two or more items of performance -
✔✔alternative
an obligation is ______ when the object of performance is not susceptible of division - ✔✔indivisible
an obligation is ______ when the object of performance may be divided - ✔✔divisible
an obligation that can be enforced by or against the successors of the original obligors or obligees, it
is also transferable - ✔✔heritable obligations
an obligation that is only enforceable by the original obligee or against the original obligor -
%
✔✔strictly personal obligations
an obligee is under a duty to make a reasonable effort to ______ ____ caused by the obligor's breach
- ✔✔mitigate damages
an obligor action in ___ ___ is liable for ____ ______ that are a direct consequence of his failure to
perform - ✔✔bad faith, all damages
any doubts that cannot otherwise be resolved should be interpreted _____ __ _______ - ✔✔against
the drafter
are owed from the time an obligor is put in default - ✔✔delay damages
between ______, different terms become part of the contract unless: 1. terms materially alter the offer
2. offer expressly limits acceptance to the terms of the offer 3. offeror objects w/in a reasonable time -
✔✔merchants
between ____, different terms become are considered proposals for modification - ✔✔nonmerchants
bilateral contract where one gives the use of a thing for a term in return for a rent - ✔✔lease
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