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Obligations II | LAW - Contracts 1 - Introduction, Quizzes of Contract Law

Class: LAW - Contracts 1 - Introduction; Subject: Law; University: Loyola University New Orleans; Term: Forever 1989;

Typology: Quizzes

2017/2018

Uploaded on 01/14/2018

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tiyannadl 🇺🇸

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TERM 1
Article 1948
DEFINITION 1
Vitiated consent.Consent may be vitiated by error, fraud, or
duress.
TERM 2
Article 1959
DEFINITION 2
Duress.Consent is vitiated when it has been obtained by
duress of such a nature as to cause a reasonable fear of
unjust and considerable injury to a party's person, property,
or reputation.Age, health, disposition, and other personal
circumstances of a party must be taken into account in
determining reasonableness of the fear. (subjective
standard)
TERM 3
Article 1964
DEFINITION 3
Damages.When rescission is granted because of duress
exerted or known by a party to the contract, the other party
may recover damages and attorney fees.When rescission is
granted because of duress exerted by a third person, the
parties to the contract who are innocent of duress may
recover damages and attorney fees from the third person.
TERM 4
Article 1960
DEFINITION 4
Duress directed against third persons.Duress vitiates consent
also when the threatened injury is directed against the
spouse, an ascendant, or descendant of the contracting
party.If the threatened injury is directed against other
persons, the granting of relief is left to the discretion of the
court.
TERM 5
Article 1963
DEFINITION 5
Contract with a party in good faith.A contract made with a
third person to secure the means of preventing threatened
injury may not be rescinded for duress if that person is in
good faith and not in collusion with the party exerting duress.
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TERM 1

Article 1948

DEFINITION 1 Vitiated consent.Consent may be vitiated by error, fraud, or duress. TERM 2

Article 1959

DEFINITION 2 Duress.Consent is vitiated when it has been obtained by duress of such a nature as to cause a reasonable fear of unjust and considerable injury to a party's person, property, or reputation.Age, health, disposition, and other personal circumstances of a party must be taken into account in determining reasonableness of the fear. (subjective standard) TERM 3

Article 1964

DEFINITION 3 Damages.When rescission is granted because of duress exerted or known by a party to the contract, the other party may recover damages and attorney fees.When rescission is granted because of duress exerted by a third person, the parties to the contract who are innocent of duress may recover damages and attorney fees from the third person. TERM 4

Article 1960

DEFINITION 4 Duress directed against third persons.Duress vitiates consent also when the threatened injury is directed against the spouse, an ascendant, or descendant of the contracting party.If the threatened injury is directed against other persons, the granting of relief is left to the discretion of the court. TERM 5

Article 1963

DEFINITION 5 Contract with a party in good faith.A contract made with a third person to secure the means of preventing threatened injury may not be rescinded for duress if that person is in good faith and not in collusion with the party exerting duress.

TERM 6

Article 2589

DEFINITION 6 The sale of an immovable may be rescinded for lesion when the price is less than one half of the fair market value of the immovable. Lesion can be claimed only by the seller and only in sales of corporeal immovables. It cannot be alleged in a sale made by order of the court. The seller may invoke lesion even if he has renounced the right to claim it. TERM 7

Article 2591

DEFINITION 7 If Seller may rescind because of lesion, buyer may either return immovable or keep it and pay the difference between price paid and FMV.