LAWG 100D2 Lecture Notes - Lecture 15: Promissory Note, Consideration, Napoleonic Code

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Cause and consideration have been often confused, but have different functions. Hutchison case shows that the claim is based on promissory note. Objective cause cause de l"obligation, abstract function. In a reciprocal contract, the cause of each party"s obligation is to be bound in the obligation of the other one. In a gratuitous contract the cause lies in the promisor"s intention liberale different from consideration. Cause performs no independent function, but simply repeats characteristics (reciprocal/gratuitous) of the transaction in question, Sharing point for the analysis whether a contract is illegal or against pp: illicitness of cause (art. 1133 code napoleon) Fragmented view of contract: the law is concerned with the consideration for a promise and not the consideration for a contract. Promise in exchange for promise of act/forbearance: enforceable: charitable/gratuitous promise: not enforceable (unless made under seal. Hutchison v. the royal institution for the advancement of learning, [1932] cml.

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