Philips v. Berner’s Empirical Analysis

Citation profile

12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A contract is formed by the consent of the parties established through offer and acceptance.” La.Civ.Code art. 1927. In Philips v. Berner, 00-103, p. 5 (La.App. 4 Cir. 5/16/01), 789 So.2d 41, 45 , writ denied, 01-1767 (La.9/28/01), 798 So.2d 119 , the fourth circuit discussed contract formation, stating: Four elements are necessary for formation of a contract in Louisiana: (1) capacity, (2) consent, (3) certain object, and (4) lawful cause. Leger v. Tyson Foods, Inc., 95-1055 (La.App. 3 Cir. 1/31/96) , 670 So.2d 397 . The law has long been clear that in order to find that there was an agreement between the parties and have consent pursuant to [La.Civ.Code] art. 1927, the court must find that there was a meeting of the minds of the parties. See. [sic] Buruzs v. Buruzs, 96-1247 (La.App. 4 Cir. 12/27/96) , 686 So.2d 1006 . Furthermore, it is horn book law that the consent of the parties is necessary to form a valid contract .and where there is no meeting of the minds between the parties the contract is void for lack of consent. Stockstill v. C.F. Industries, Inc., 94-2072 (La.App. 1 Cir. 12/15/95) , 665 So.2d 802, 820 ; Howell v. Rhoades, 547 So.2d 1087, 1089 (La.App. 1 Cir.1989).”

   3 later decisions quote this exact passage
   e.g. 139 So. 3d 653 - Mark A. Gravel Properties, LLC v. Eddie's BBQ, LLC · 165 So. 3d 373 - Bayou Rapides Corp. v. Dole

2. “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.”

   2 later decisions quote this exact passage
   e.g. 165 So. 3d 373 - Bayou Rapides Corp. v. Dole · 261 So. 3d 867 - Brady v. Pirner

3. “When two permissible views of evidence exist, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong. Stobart v. State Department of Transportation and Development, 617 So.2d 880, 883 (La.1993). The issue to be resolved by the reviewing court is not whether the trier of fact was right or wrong, but whether the factfinder’s conclusion was a reasonable one. Id. at 882 . The reviewing court may not disturb reasonable evaluations of credibility and reasonable inferences of fact when viewed in light of the record in its entirety even though it feels its evaluations are more reasonable. Id. Even though an appellate court may feel its own evaluations and inferences are more reasonable than the factfinder’s, reasonable evaluations of and reasonable inferences of fact should not be disturbed upon review where conflict exists in testimony. Id. However, where documents or objective evidence so contradict the witness’s story, or the story itself is so internally inconsistent or implausible on its face, that a reasonable factfinder would not credit the witness’s story, the court of appeal may find manifest error or clear wrongness even in a finding purportedly based on a credibility determination. Id. If the trial court or jury’s findings are reasonable in light of the record reviewed in its entirety, the court |8of appeal may not reverse, even if convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Id.”

   1 later decision quote this exact passage
   e.g. 165 So. 3d 373 - Bayou Rapides Corp. v. Dole