Contracts

In Louisiana, which of the following is an example of a 'potestative condition' that would make a contract unenforceable?

AA financing contingency depending on bank approval
BA condition that depends entirely on the will of one party, such as 'if I decide to sell'✓ Correct
CA condition depending on a future uncertain event beyond the parties' control
DAn inspection contingency allowing the buyer to review inspection results

Explanation

A potestative condition is one that depends solely on the will of one of the parties — for example, 'I will buy if I feel like it.' Under Louisiana Civil Code, an obligation dependent on a purely potestative condition imposed on the obligor is null — the contract is unenforceable because there is no real commitment.

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