Louisiana Civil Code

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CHAPTER 3 - CONSENT

Art. 1927. A contract is formed by the consent of the parties established through offer and acceptance.

Unless the law prescribes a certain formality for the intended contract, offer and acceptance may be made orally, in writing, or by action or inaction that under the circumstances is clearly indicative of consent.

Unless otherwise specified in the offer, there need not be conformity between the manner in which the offer is made and the manner in which the acceptance is made. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1928. An offer that specifies a period of time for acceptance is irrevocable during that time.

When the offeror manifests an intent to give the offeree a delay within which to accept, without specifying a time, the offer is irrevocable for a reasonable time. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1929. An irrevocable offer expires if not accepted within the time prescribed in the preceding Article. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1930. An offer not irrevocable under Civil Code Article 1928 may be revoked before it is accepted. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1931. A revocable offer expires if not accepted within a reasonable time. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1932. An offer expires by the death or incapacity of the offeror or the offeree before it has been accepted. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1933. An option is a contract whereby the parties agree that the offeror is bound by his offer for a specified period of time and that the offeree may accept within that time. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1934. An acceptance of an irrevocable offer is effective when received by the offeror. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1935. Unless otherwise specified by the offer or the law, an acceptance of a revocable offer, made in a manner and by a medium suggested by the offer or in a reasonable manner and by a reasonable medium, is effective when transmitted by the offeree. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1936. A medium or a manner of acceptance is reasonable if it is the one used in making the offer or one customary in similar transactions at the time and place the offer is received, unless circumstances known to the offeree indicate otherwise. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1937. A revocation of a revocable offer is effective when received by the offeree prior to acceptance. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1938. A written revocation, rejection, or acceptance is received when it comes into the possession of the addressee or of a person authorized by him to receive it, or when it is deposited in a place the addressee has indicated as the place for this or similar communications to be deposited for him. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1939. When an offeror invites an offeree to accept by performance and, according to usage or the nature or the terms of the contract, it is contemplated that the performance will be completed if commenced, a contract is formed when the offeree begins the requested performance. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1940. When, according to usage or the nature of the contract, or its own terms, an offer made to a particular offeree can be accepted only by rendering a completed performance, the offeror cannot revoke the offer, once the offeree has begun to perform, for the reasonable time necessary to complete the performance. The offeree, however, is not bound to complete the performance he has begun.

The offeror's duty of performance is conditional on completion or tender of the requested performance. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1941. When commencement of the performance either constitutes acceptance or makes the offer irrevocable, the offeree must give prompt notice of that commencement unless the offeror knows or should know that the offeree has begun to perform. An offeree who fails to give the notice is liable for damages. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1942. When, because of special circumstances, the offeree's silence leads the offeror reasonably to believe that a contract has been formed, the offer is deemed accepted. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1943. An acceptance not in accordance with the terms of the offer is deemed to be a counteroffer. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1944. An offer of a reward made to the public is binding upon the offeror even if the one who performs the requested act does not know of the offer. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1945. An offer of reward made to the public may be revoked before completion of the requested act, provided the revocation is made by the same or an equally effective means as the offer. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1946. Unless otherwise stipulated in the offer made to the public, or otherwise implied from the nature of the act, when several persons have performed the requested act, the reward belongs to the first one giving notice of his completion of performance to the offeror. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

Art. 1947. When, in the absence of a legal requirement, the parties have contemplated a certain form, it is presumed that they do not intend to be bound until the contract is executed in that form. [Acts 1984, No. 331, §1, eff. Jan. 1, 1985]

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