No. 2001-C-2297 June 21, 2002 ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FIRST CIRCUIT, PARISH OF IBERVILLE Karen E. Dugas, Esq., Gregory E. Bodin, Esq., John S. Tharp, Esq., TAYLOR, PORTER, BROOKS PHILLIPS; Counsel for Applicant Neil D. Sweeney, Esq., Kenner O. Miller, Jr. Esq., SWEENEY MILLER; Allen J. Myles, Esq., Counsel for Respondent Harry A. Johnson, III Esq., Charles S. McCowan, Jr. Esq., Shannan S. Rieger, Esq., Counsel for Louisiana Chemical Association (Amicus Curiae) D. Scott Landry
A. (1) (a) Upon the discharge of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday or no later than fifteen days following the date of discharge, whichever occurs first. (b) Upon the resignation of any laborer or other employee of any kind whatever, it shall be the duty
Consent may be vitiated by error, fraud, or duress. La. C.C. § 1948 Acts 1984, No. 331, §1, eff. Jan. 1, 1985. Acts 1984, No. 331, §1, eff. 1/1/1985.
A conditional obligation is one dependent on an uncertain event. If the obligation may not be enforced until the uncertain event occurs, the condition is suspensive. If the obligation may be immediately enforced but will come to an end when the uncertain event occurs, the condition is resolutory. La. C.C. § 1767 Acts 1984, No. 331, §1, eff. Jan. 1, 1985. Acts 1984, No. 331, §1, eff. 1/1/1985.
Error vitiates consent only when it concerns a cause without which the obligation would not have been incurred and that cause was known or should have been known to the other party. La. C.C. § 1949 Acts 1984, No. 331, §1, eff. Jan. 1, 1985. Acts 1984, No. 331, §1, eff. 1/1/1985.
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. La. C.C. § 1947 Acts 1984, No. 331, §1, eff. Jan. 1, 1985. Acts 1984, No. 331, §1, eff. 1/1/1985.