active violation (Louisiana) · Go Syfert
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active violation in Louisiana

9 Louisiana opinions name it 2 courts 1932–2012 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Bollinger v. Texas Companygreen
la · 1957 · cited in 2 Louisiana opinions naming this issue, 1961–1962
2 sentences

1962All of such decisions culminated in the landmark cases of Melancon v. Texas Company, 1956, 230 La. 593 , 89 So.2d 135 , and Bollinger v. Texas Company, 1957, 232 La. 637 , 95 So.2d 132 .

1962All of such decisions culminated in the landmark cases of Melancon v. Texas Company, 1956, 230 La. 593 , 89 So.2d 135 , and Bollinger v. Texas Company, 1957, 232 La. 637 , 95 So.2d 132 .

22
Archon v. Union Pacific RRgreen
la · 1995 · cited in 1 Louisiana opinions naming this issue, 1997–1997
2 sentences

1997In addition, the Archon court noted that discovery and admission of the relevant agreements was not barred by the exclusionary rule of 23 U.S.C. § 409 because the court had relied on documents which were not associated with any federal upgrade program. 1 14“Since DOTD’s duty was not grounded in the federal highway-aid program, the admissibility or inadmissibility of documents relating to an upgrade project under that program is irrelevant to our ultimate conclusion that DOTD assumed a duty under certain earlier, independent contractual agreements.” Archon v. Union Pacific R.R., supra, at 997.

1997The duty to furnish and install an active warning sign or device is obviously different and distinct from the duty to maintain such devices or signs after their installation. 657 So.2d at 992 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Rosenthral v. Baer neutral
la · 1866
2 sentences

1962LSA-Civil Code, Article 1932; Rosenthral v. Baer, 18 La.Ann. 573 ; Noel Estate Inc. v. Louisiana Oil Ref.

1961LSA-Civil Code, Article 1932; Rosenthral v. Baer, 18 La.Ann. 573 ; Noel Estate, Inc. v. Louisiana Oil Ref.

41956–1962
Melancon v. Texas Company green
la · 1956
2 sentences

1962All of such decisions culminated in the landmark cases of Melancon v. Texas Company, 1956, 230 La. 593 , 89 So.2d 135 , and Bollinger v. Texas Company, 1957, 232 La. 637 , 95 So.2d 132 .

1962All of such decisions culminated in the landmark cases of Melancon v. Texas Company, 1956, 230 La. 593 , 89 So.2d 135 , and Bollinger v. Texas Company, 1957, 232 La. 637 , 95 So.2d 132 .

21961–1962
L & a CONTRACTING v. Ram Indus. Coatings, Inc. green
lactapp · 2000
1 sentence

2012Coatings, Inc., 99-0354, p. 27 (La.App. 1st Cir.6/23/00), 762 So.2d 1223, 1239 , writ denied, 00-2232 (La.11/13/00), 775 So.2d 438 .

12012–2012
L & a CONTRACTING CO. INC. v. Ram Industrial Coatings, Inc. neutral
la · 2000
1 sentence

2012Coatings, Inc., 99-0354, p. 27 (La.App. 1st Cir.6/23/00), 762 So.2d 1223, 1239 , writ denied, 00-2232 (La.11/13/00), 775 So.2d 438 .

12012–2012
Lee v. Missouri Pacific RR Co. green
la · 1989
1 sentence

1998In view of the rationale of Lee, supra, we reject the State's argument that this crossing did not present an unreasonable risk of harm or that Moore's failure to yield and stop made him totally at fault in the accident.

11998–1998
Samuelson v. Bosk neutral
la · 1951
1 sentence

1970The defendant, Chevalier, contends that the unauthorized return of the deposit by Ramsey and its acceptance by Pierre constituted an active violation of the contract and that both Ramsey and Pierre have forfeited any right they might have had thereunder and are liable to him for dam ages, citing LSA-C.C. art. 1932, which provides as follows: “When there is an active violation of the contract, damages are due from the moment the act of contravention has been done, and the creditor is under no obligation to put the debtor in default, in order to entitle him to his action.” He also relies upon th

11970–1970
Landry & Passman Realty, Inc. v. Keen neutral
lactapp · 1964
1 sentence

1970The defendant, Chevalier, contends that the unauthorized return of the deposit by Ramsey and its acceptance by Pierre constituted an active violation of the contract and that both Ramsey and Pierre have forfeited any right they might have had thereunder and are liable to him for dam ages, citing LSA-C.C. art. 1932, which provides as follows: “When there is an active violation of the contract, damages are due from the moment the act of contravention has been done, and the creditor is under no obligation to put the debtor in default, in order to entitle him to his action.” He also relies upon th

11970–1970
Boisseau v. Vallon & Jordano, Inc. green
la · 1932
2 sentences

1970The defendant, Chevalier, contends that the unauthorized return of the deposit by Ramsey and its acceptance by Pierre constituted an active violation of the contract and that both Ramsey and Pierre have forfeited any right they might have had thereunder and are liable to him for dam ages, citing LSA-C.C. art. 1932, which provides as follows: “When there is an active violation of the contract, damages are due from the moment the act of contravention has been done, and the creditor is under no obligation to put the debtor in default, in order to entitle him to his action.” He also relies upon th

1970The defendant, Chevalier, contends that the unauthorized return of the deposit by Ramsey and its acceptance by Pierre constituted an active violation of the contract and that both Ramsey and Pierre have forfeited any right they might have had thereunder and are liable to him for dam ages, citing LSA-C.C. art. 1932, which provides as follows: “When there is an active violation of the contract, damages are due from the moment the act of contravention has been done, and the creditor is under no obligation to put the debtor in default, in order to entitle him to his action.” He also relies upon th

11970–1970
Noel Estate, Inc. v. Louisiana Oil Refining Corp. green
la · 1937
2 sentences

1957LSA-Civil Code, Article 1932; Rosenthral v. Baer, 18 La.Ann. 573 ; Noel Estate, Inc., v. Louisiana Oil Refining Corp., 188 La. 45 , 175 So. 744 .

1957LSA-Civil Code, Article 1932; Rosenthral v. Baer, 18 La.Ann. 573 ; Noel Estate, Inc., v. Louisiana Oil Refining Corp., 188 La. 45 , 175 So. 744 .

11957–1957
Tyson v. Surf Oil Co. green
la · 1940
2 sentences

1956(Paragraph 7; italics supplied.) [9] Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; Brown v. Sugar Creek Syndicate, 195 La. 865 , 197 So. 583 ; Risinger v. Arkansas-Louisiana Gas Company, 198 La. 101 , 3 So.2d 289 ; and Rudnick v. Union Producing Co., 209 La. 943 , 25 So.2d 906 . [10] "When there is an active violation of the contract, * * * the creditor is under no obligation to put the debtor in default, * * *." [11] In the case of Hunt Trust v. Crowell Land & Mineral Corporation, 210 La. 945 , 28 So.2d 669, 673 , this Court quoted approvingly from Ruling Case Law: "Generally speaking, t

1956(Paragraph 7; italics supplied.) [9] Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; Brown v. Sugar Creek Syndicate, 195 La. 865 , 197 So. 583 ; Risinger v. Arkansas-Louisiana Gas Company, 198 La. 101 , 3 So.2d 289 ; and Rudnick v. Union Producing Co., 209 La. 943 , 25 So.2d 906 . [10] "When there is an active violation of the contract, * * * the creditor is under no obligation to put the debtor in default, * * *." [11] In the case of Hunt Trust v. Crowell Land & Mineral Corporation, 210 La. 945 , 28 So.2d 669, 673 , this Court quoted approvingly from Ruling Case Law: "Generally speaking, t

11956–1956
Rudnick v. Union Producing Co. green
la · 1946
2 sentences

1956(Paragraph 7; italics supplied.) [9] Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; Brown v. Sugar Creek Syndicate, 195 La. 865 , 197 So. 583 ; Risinger v. Arkansas-Louisiana Gas Company, 198 La. 101 , 3 So.2d 289 ; and Rudnick v. Union Producing Co., 209 La. 943 , 25 So.2d 906 . [10] "When there is an active violation of the contract, * * * the creditor is under no obligation to put the debtor in default, * * *." [11] In the case of Hunt Trust v. Crowell Land & Mineral Corporation, 210 La. 945 , 28 So.2d 669, 673 , this Court quoted approvingly from Ruling Case Law: "Generally speaking, t

1956(Paragraph 7; italics supplied.) [9] Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; Brown v. Sugar Creek Syndicate, 195 La. 865 , 197 So. 583 ; Risinger v. Arkansas-Louisiana Gas Company, 198 La. 101 , 3 So.2d 289 ; and Rudnick v. Union Producing Co., 209 La. 943 , 25 So.2d 906 . [10] "When there is an active violation of the contract, * * * the creditor is under no obligation to put the debtor in default, * * *." [11] In the case of Hunt Trust v. Crowell Land & Mineral Corporation, 210 La. 945 , 28 So.2d 669, 673 , this Court quoted approvingly from Ruling Case Law: "Generally speaking, t

11956–1956
Hunt Trust v. Crowell Land Mineral Corporation green
la · 1946
2 sentences

1956(Paragraph 7; italics supplied.) [9] Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; Brown v. Sugar Creek Syndicate, 195 La. 865 , 197 So. 583 ; Risinger v. Arkansas-Louisiana Gas Company, 198 La. 101 , 3 So.2d 289 ; and Rudnick v. Union Producing Co., 209 La. 943 , 25 So.2d 906 . [10] "When there is an active violation of the contract, * * * the creditor is under no obligation to put the debtor in default, * * *." [11] In the case of Hunt Trust v. Crowell Land & Mineral Corporation, 210 La. 945 , 28 So.2d 669, 673 , this Court quoted approvingly from Ruling Case Law: "Generally speaking, t

1956(Paragraph 7; italics supplied.) [9] Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; Brown v. Sugar Creek Syndicate, 195 La. 865 , 197 So. 583 ; Risinger v. Arkansas-Louisiana Gas Company, 198 La. 101 , 3 So.2d 289 ; and Rudnick v. Union Producing Co., 209 La. 943 , 25 So.2d 906 . [10] "When there is an active violation of the contract, * * * the creditor is under no obligation to put the debtor in default, * * *." [11] In the case of Hunt Trust v. Crowell Land & Mineral Corporation, 210 La. 945 , 28 So.2d 669, 673 , this Court quoted approvingly from Ruling Case Law: "Generally speaking, t

11956–1956
Brown v. Sugar Creek Syndicate green
la · 1940
2 sentences

1956(Paragraph 7; italics supplied.) [9] Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; Brown v. Sugar Creek Syndicate, 195 La. 865 , 197 So. 583 ; Risinger v. Arkansas-Louisiana Gas Company, 198 La. 101 , 3 So.2d 289 ; and Rudnick v. Union Producing Co., 209 La. 943 , 25 So.2d 906 . [10] "When there is an active violation of the contract, * * * the creditor is under no obligation to put the debtor in default, * * *." [11] In the case of Hunt Trust v. Crowell Land & Mineral Corporation, 210 La. 945 , 28 So.2d 669, 673 , this Court quoted approvingly from Ruling Case Law: "Generally speaking, t

1956(Paragraph 7; italics supplied.) [9] Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; Brown v. Sugar Creek Syndicate, 195 La. 865 , 197 So. 583 ; Risinger v. Arkansas-Louisiana Gas Company, 198 La. 101 , 3 So.2d 289 ; and Rudnick v. Union Producing Co., 209 La. 943 , 25 So.2d 906 . [10] "When there is an active violation of the contract, * * * the creditor is under no obligation to put the debtor in default, * * *." [11] In the case of Hunt Trust v. Crowell Land & Mineral Corporation, 210 La. 945 , 28 So.2d 669, 673 , this Court quoted approvingly from Ruling Case Law: "Generally speaking, t

11956–1956
Risinger v. Arkansas-Louisiana Gas Co. green
la · 1941
2 sentences

1956(Paragraph 7; italics supplied.) [9] Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; Brown v. Sugar Creek Syndicate, 195 La. 865 , 197 So. 583 ; Risinger v. Arkansas-Louisiana Gas Company, 198 La. 101 , 3 So.2d 289 ; and Rudnick v. Union Producing Co., 209 La. 943 , 25 So.2d 906 . [10] "When there is an active violation of the contract, * * * the creditor is under no obligation to put the debtor in default, * * *." [11] In the case of Hunt Trust v. Crowell Land & Mineral Corporation, 210 La. 945 , 28 So.2d 669, 673 , this Court quoted approvingly from Ruling Case Law: "Generally speaking, t

1956(Paragraph 7; italics supplied.) [9] Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; Brown v. Sugar Creek Syndicate, 195 La. 865 , 197 So. 583 ; Risinger v. Arkansas-Louisiana Gas Company, 198 La. 101 , 3 So.2d 289 ; and Rudnick v. Union Producing Co., 209 La. 943 , 25 So.2d 906 . [10] "When there is an active violation of the contract, * * * the creditor is under no obligation to put the debtor in default, * * *." [11] In the case of Hunt Trust v. Crowell Land & Mineral Corporation, 210 La. 945 , 28 So.2d 669, 673 , this Court quoted approvingly from Ruling Case Law: "Generally speaking, t

11956–1956
Henderson v. Leona Rice Milling Co. neutral
la · 1926
2 sentences

1932Paraphrasing what Laurent says, speaking of an action ‘recursoire’ (volume 24, § 303), the demand, being born of the action in warranty for the vices of the thing sold, proceeding from the same cause, and subjected for its justification to the same rules, is necessarily controlled by the same conditions in its exercise, and cannot claim a greater limit for its duration than it docs.” On this issue, the plaintiff cites Henderson v. Leona Rice Milling Co., 160 La. 597 , 107 So. 459, 461 , as an action for damages for ¡breach of a contract of sale and an active violation of the covenant of warran

1932Paraphrasing what Laurent says, speaking of an action ‘recursoire’ (volume 24, § 303), the demand, being born of the action in warranty for the vices of the thing sold, proceeding from the same cause, and subjected for its justification to the same rules, is necessarily controlled by the same conditions in its exercise, and cannot claim a greater limit for its duration than it docs.” On this issue, the plaintiff cites Henderson v. Leona Rice Milling Co., 160 La. 597 , 107 So. 459, 461 , as an action for damages for ¡breach of a contract of sale and an active violation of the covenant of warran

11932–1932

Statutes the citing opinions construe

LA § La. Rev. Stat. § 30:102 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 11 (1961–2024) LA 9 (1932–2012) IL 8 (1964–2018) TX 7 (1922–2024) NY 7 (1985–2017) PA 3 (1917–2023) IA 2 (1920–2025) NC 2 (2020–2020) OH 2 (1971–2003) VA 2 (1923–1935) HI 2 (2016–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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