DIVISION THIRD. OBLIGATIONS. PART I. Obligations in General. II. Obligations arising from Particular § 532. An obligation is a legal duty, by which a per son is bound to do or not to do a certain thing. § 533. An obligation arises either from 1. The contract of the parties; or, 2. The operation of law. Definition of obligations. How crea ted. Definition of contract. Its requisites. DEFINITION. SECTION 534. Definition of contract. 535. Its requisites. § 534. A contract is an agreement to do or not to do a certain thing. § 535. It is essential to the existence of a contract that there should be 1. Parties capable of contracting; 2. Their consent; 3. A lawful object; 4. A sufficient cause or consideration. Code La., 1772, 1758, 1759; Code Napoleon, 1108. ARTICLE II. PARTIES. SECTION 536. Who may contract. 537. Identification. 536. All persons are capable of contracting, except 1. Infants, they having only such capacity as is defined by Part I of the First Division of this Code; 2. Persons of unsound mind, they having only such capacity as is defined by the same Part. 3. Persons deprived of civil rights. Who may contract. tion. § 537. The parties must not only exist, but it must be Identifica possible to identify them, or there is no contract. ARTICLE III. OBJECT OF A CONTRACT. SECTION 538. Definition of the object. 539. Object to be lawful and possible. 540, 541. Object unlawful. 542, 543. Impossibility of object. 544. Object ascertainable. § 538. The object of a contract is the thing which it is Definition agreed to do or not to do. Martin v. McCormick, 8 N. Y., 335. 1 of the object. $539. The object of a contract must be lawful, possible, Object to be and ascertainable. 'Code La., 1885, 1886. * Code La., 1880; Richards v. Edick, 17 Barb., 260; Abeel $540. That is not lawful which is: 1. Contrary to an express provision of law;' lawful and possible. Object unlawful. Object unlawful. Impossi bility of object. Id. Object ascertainable. 2. Contrary to the policy of the law, though not expressly prohibited ;* 3. Otherwise contrary to good morals.3 This is without distinction as to malum prohibitum and malum in se. Pennington v. Townsend, 7 Wend., 276; Leavitt v. Palmer, 3 N. Y., 19; De Groot v. Van Duzer, 20 Wend., 390; Pratt v. Adams, 7 Paige, 653; Seneca Co. Bk. v. Lamb, 26 Barb., 595. 'Bell v. Leggett, 7 N. Y., 176, 181; Gray v. Hook, 4 N. Y., 449. 'Lady Cox's Case, 3 Peere Wms., 339; Walker v. Perkins, 3 Burr., 1568. § 541. All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for fraud, wilful injury to the person or property of another, or any violation of law, whether wilful or negligent, are against the policy of the law, and so far void. § 542. Everything is deemed possible, except that which is physically impossible. § 543. Impossibility is to be determined, not by the means or ability of the party, but by the nature of things.' 1 Code La., 1885, 2028; see McNeill v. Reed, 9 Bing., 68; Beebe v. Johnson, 19 Wend., 500; Harmony v. Bingham, 12 N. Y., 99. § 544. That is deemed ascertainable which is capable of being ascertained by the time the contract is to be performed. ARTICLE IV. CONSENT. SECTION 545. Assumption of obligations by acceptance of benefit. 546. Essentials of consent. 547. Consent, when voidable. 548, 549. Apparent consent, procured by duress, menace, fraud, &c. 550. Duress. 551. Menace. 552. Fraud, actual or constructive. 553. Actual fraud. 554. Constructive fraud. SECTION 555. Actual fraud is a question of fact. 556. Undue influence. 557. Mistake of fact or of law. 558. Mistake of fact. 559. Mistake of law. 560. Mistake of foreign laws. 561. Mistake through wilful ignorance. 562. Mutuality of consent. 563. Communication of consent. 564. Mode of communicating acceptance of proposal. 565. When communication of acceptance concludes contract. 567. Acceptance must be absolute. 568. Revocation of proposal. 569. Revocation, how made. 570. Ratification of contract void for want of consent. tion of by accept § 545. A voluntary acceptance of the benefit of a trans- Assumpaction is equivalent to a consent to all the obligations obligation arising from it, so far as the facts are or ought to be known ance of by the person accepting.' 'Bennett v. Judson, 21 N. Y., 238. § 546. The consent of the parties must be 1. Free; 2. Mutual; 3. Communicated by each to the other. benefits. Essentials of consent. when void able. § 547. A consent which is not free or mutual is never- Consent, theless not absolutely void, but voidable only at the option of the party prejudiced or those claiming under him. § 548. An apparent consent is not real or free when Apparent obtained through 1. Duress; consent procured by duress, menace, fraud, &c. 2. Menace; 3. Fraud; 4. Undue influence; 5. Mistake; or, 6. Accident. $549. Consent is deemed to have been obtained through Id. 1 Bing. N. C., 376; Code La., 1819; Faure v. Martin, |