Comment by David P. Doughty
In 1984, the Louisiana legislature enacted a revision of the Civil Code obligations articles concerning error as a vice of consent. This revision represents the modernization of the Louisiana Civil Code of 1870, which devoted twenty-seven articles to the problem of error. The new legislation streamlined the detailed articles of the 1870 Code into five succinct provisions. Although the new provisions purport to make only a few changes in the existing law of error, these changes are substantial shifts toward a more flexible approach in solving problems of mistake in contracting.
This Comment will first trace the historical development of error from its civilian roots in Roman and French law. Next, the Comment will examine the Louisiana approach of the 1870 Civil Code and later compare it to the analytical framework of the 1984 Revision. Finally, the Comment will identify the problem areas of the 1870 Civil Code and the solutions proposed by the 1984 Revision.
About the Author
David P. Doughty.
Citation
62 Tul. L. Rev. 717 (1988)