LOUISIANA LAW PRACTICE EXAM QUESTIONS WITH CORRECT DETAILED ANSWERS | ALREADY GRADED A+RECENT VERSION

LOUISIANA LAW PRACTICE EXAM QUESTIONS WITH CORRECT DETAILED ANSWERS | ALREADY GRADED A+RECENT VERSION 1) Particular successor - answer • particular successor (buyer, done, legatee) who takes possession under an act translative of title (selling) possesses for himself and prescription runs in his favor when he takes possesion 2) universal successor - answer universal successor represents the deceased and succeeds to all of his rights and charges. Includes heirs, universal legatees, and general legatees. 3) real right - answer a right that is attached to a thing rather than a person 4) real obligation - answer a real obligation is an obligation incurred as the result of a real right. 5) personal obligation - answer personal obligation is a relationship only between two persons and does not extend to real rights. (therefore, the promissory note alone (without reference to the real estate mortgage) is just a personal right.) This is why the link between the note and the mortgage of real property is important to make it a real right arising from the real estate mortgage. 6) transfer of real obligations - answer property bound: a real obligation is transferred to the person who acquires the thing to which the obligation is attached without any agreement to that effect. (personal obligations, on the other had, cannot be transferred without agreement.) 7) strictly personal obligation - answer a strictly personal obligation is an obligation that is only enforceable by the original obligee or against the original obligor (thus it is not heritable). 8) heritable obligation - answer an obligation is heritable if it can be enforced by or against the successors of the original obligors and obligees; it is also transferable. Thus, heritability concerns only the question of whether a third party can be substituted or added to the obligation. 9) how do you determine whether an obligation is strictly personal? - answer it's strictly personal for the obligee if the obligor's performance requires special skill or qualification, and if the obligation is to perform personal services intended for that obligee's exclusive benefit. (1766) 10) potestative condition - answer condition within a party's power to fulfill; suspensive potestative conditions based on obligor's whim (unbridled discretion) are null; resolutory are not null if exercised in gf 11) suspensive potestative condition - answer an obligation with a suspensive condition that depends on the "whim" of the obligor is null, but an obligation with a suspensive condition that depends on the exercise of the obligor's "will" is valid. 12) resolutory potestative condition - answer obligations w/ resolutory conditions whose fulfillment is w/i a party's power are not null, but the conditions must be exercised in good faith. 13) promesse de porte fort - answer a promesse de porte fort is a contract the object of which is an act done by a third party. Effect is that the original obligor (debtor or promissor) is bound by the obligation; the original promisor is liable in damages to the promissee if the third person does not bind himself or fails to perform. La. Civ. Code ann. Art. 1977 14) third party beneficiary - answer in order for a party not privy to a contract to maintain an action thereon as a third-party beneficiary, it must appear that the contract was made and intended for its benefit. The benefit must be one that is not merely incidental but must be immediate in such a sense as to indicate the assumption of a duty to make reparation if the benefit is lost. 15) stipulation pour autrie - answer a party may stipulate a benefit for a 3rd person 16) revocability of stipulation - answer once a third party beneficiary has manifested his intent to accept the benefit, the stipulation may not be revoked without his agreement. If the promisor has an interest in performance the stipulation cannot be revoked without the promisors consent. If the stipulator revokes the benefit before it is accepted or if the beneficiary refuses it the promisor must render performance to the stipulator. 17) relationship of confidence between donor and wrongdoer requires proof of fraud, duress, or undue infuence by a preponderance of the evidence - answer this means there must be a relationship of trust and reliance between the parties, the same trust that often occurs between attorneys and clients, or doctors or nurses or caregivers taking care of a dying patient. Thus a dying patient may donate something to his caregiver, doctor, or nurse before he dies - in that case, a family member, for example, may challenge the donation by proving undue influence, fraud or duress by a "preponderance of the evidence" (which is a lower standard of proof than the "clear and convincing evidence" required of other donations from someone who is dying, as stated in la. Civil code 1483. 18) mandate - answer (n.) An authoritative command, formal order, authorization; (v.) To issue such an order. Barbri defines it: as a contract between a principal and a mandatary conferring on the mandatary the authority to transact on behalf of the principal (civ. Code 2989) (eileen gave me the authority, or mandate, to explain the legal plan to eilleen's friend marcia on behalf of eileen. A mandate can arise by operation of law or by juridical act. (2985) 19) types of mandate - answer mandate may be either gratuitous or onerous. The contract may be for the individual benefit of the principal, mandatary, or a third person, or the contract may be for their common benefit. A person may be a mandatary of two or more principals, but must disclose his representation to all parties. (3000) 20) form of contract of mandate and exception - answer no form requirements, so an oral mandate may be enforceable.(2993) exception" the "equal dignity" rule applies here. If the act to be performed is one that must be in a certain form, the act creating the mandate should be in that form. Thus, a mandate to buy or sell immovable property must be in writing. (1839); Also, if the mandatary is to be authorized to sell, acquire, encumber or lease property, the authority must be given expressly., such as 1. Acquiring, alienating, encumbering, or leasing property 2. Making an intervivos donation 3. Accepting or renouncing a succession 4. Contracting a loan or acknowledging or remitting a debt 5. Becoming a surety 6. Making or endorsing a promissory note or negotiable instrument 7. Entering into a compromise or agreeing to arbitration; and 8. Making health care decisions () 21) authority of the mandatary - answer generallly, the principal may confer general authority on the mandatary to do whatever he thinks is appropriate. (2994) regardless of whether the mandate was one of general authority, the mandatary can do any acts that are either incidental or necessary for the performance of his mandate. 22) relationship between the principal and the mandatary - answer the mandatary is bound to fulfill the mandate and to act with prudence and diligence. If the mandatary breaches this responsibility, he is liable to the principal for the principal's losses. however, the mandatary's liability for breach can be reduced by the judge if the mandate is gratuitous (without pay). appointment of substitute occurs if the mandatary cannot perform his duties. The mandatary is liable for the substitute. Exception: unless the mandatary was expressly authorized to appoint a substitute and the mandatary exercised diligence in choosing & instructing the subsittute. (3007) 23) duty to give information - answer the mandatary is bound to give information to the principal, to account for his performance, and to notify the principal when he has fulfilled his responsibilities. (3003) 24) duty to deliver to principal - answer mandatory must deliver to the principal all that the mandatary has received on account of the mandate, less his expenses and remuneration. (3004) 25) acts exceeding authority - answer a mandatary who exceeds the authority invested in him by the principal is liable to the principal for any loss the principal has sustained. If the mandatary sustains loss because he has exceeded his authority, he cannot recover from the principal unless the principal ratifies the unauthorized acts. (3008) however, a mandatary does not exceed his authority when he fulfills his duties in a manner "more advantageous" to the principal than what was authorized. (3011) 26) what is an example of a more advantageous way a mandatary can fulfill his duty to the principal. - answer if the owner (principal) of a basketball team authorizes his agent markita (mandatary) to recruit shaquille o'neal as a new manager on his basketball team for $200,000 per year, and markita recruits him for $175,000.00 with the understanding that it would go up to $200,000 if he led his team to victory that year, that would be a more advantageous way to recruit him than merely offering him the $200,000 outright because markita got a better deal with shaquille than her principal asked for. 27) strictly personal obligation - answer a strictly personal obligation is an obligation that is only enforceable by the original obligee or against the original obligor (thus it is not heritable). Art. 3023 states: a third person with whom a mandatary contracts without disclosing his status or the identity of the principal is bound to the principal for the performance of the contract unless the obligation is strictly personal or the right non-assignable. example of a strictly personal obligation - paris opera company (principal) puts on operas in the united states and france, and contracted with a talent agency (agent or mandatary) to supply performers. Clara bourg (third person) was the only opera singer available who had a thorough knowledge of the german language in operas. opera company(principal) began preparing to bring opera singers on board for an upcoming german opera, so they asked the talent agency to supply them the services of clara bourg (3rd person) because she was the only soprano singer at that time who could sing the opera in german. However, she became sick in the hospital with pneumonia, so she had to tell her agent, no. There was no one else available who could sing german, so paris opera co. Sued clara's talent agency and clara for damages. clara, as the third person, and clara's talent agency, as the mandatary for paris opera company, argued that, under art. 3023, they were not bound because the obligation of paris opera company was based on a "strictly personal" obligation that could be fulfilled only by clara. 28) loan for consumption - answer contract whereby the lender delivers fungible and consumable things to the borrower who is permitted to consume the loaned things and to replace them with things of the same kind and quality.(2904 and 2906) 29) loan for use - answer a gratuitous contract whereby a lender delivers a nonconsumable thing to the borrower who must return it after he finishes using it. 30) example of a loan for consumption - answer a loan for consumption example: peter lends paul one bushel of wheat. Paul uses up the wheat over a period of time, and then is obligated to return another bushel of white of the same kind and quality that peter loaned him. 31) excused performance - answer 1. If goods needed for the contract are destroyed and the seller bears the risk of loss, 32) earnest money - answer a sum of money given to bind an offer or agreement. If a party's failure to perform is excused, earnest money is not owed. (2624) 33) fortuitous event - answer an event that at the time of the contract was made could not have been reasonably foreseen. 34) party's failure to perform in a sales contract - answer breach of contract 35) excused performance - answer 1. If goods needed for the contract are destroyed and the seller bears the risk of loss, or an event that neither party contemplated