ABSTRACT
The civil law approach that has historically relied on formalities to ensure proper formation of a contract is distinguishable from the common law approach that examines intent and action in lieu of formalities. In a civil law program, emphasis is placed on memorization of statutes and ordinances in order to develop the ability to recall the applicable law to any given situation. By the middle of the 19th century, courts recognized two forms of assumpsit such as express assumpsit and implied assumpsit, as defined in 1856. The doctrine of consideration and the legal requirement for causa both deal with the formation of lawful contracts. Causa is a principle as much as it is a legal requirement for a contract. Consent or will in the civil law context may be negative, that is, it is assumed in the absence of fraud, mistake, or duress, or it may be positive, whereby the parties must show some objective manifestation of their will.
