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