What is the common law rule that Louisiana has deviated from regarding consideration?

Louisiana law operates under a civil law system, which differs fundamentally from the common law system prevalent in many other states. In the context of contracts, the common law rule generally requires consideration—something of value exchanged between parties—for a contract to be enforceable. However, Louisiana has distinctive legal provisions concerning the enforceability of contracts.

Under Louisiana’s Civil Code, certain contracts do not require traditional consideration to be binding. For example, verbal agreements or unilateral promises can still be enforceable without the exchange of consideration as understood in common law. This deviation recognizes that various forms of agreements can have binding effects without the strict requirement of consideration typically found in common law jurisdictions.

This foundational difference is critical to understanding Louisiana's approach to contract law, demonstrating an emphasis on the intention of the parties and the nature of their agreements over the requirement of exchanging something of value.