Article 1305 - Contracts
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Questions and Answers

What distinguishes an onerous contract from a gratuitous contract?

  • A gratuitous contract requires both parties to exchange services.
  • A gratuitous contract is always written down.
  • An onerous contract involves only one party benefitting.
  • An onerous contract requires a reciprocal obligation between parties. (correct)

    • Which type of contract is primarily motivated by the desire to reward a previously rendered service?

  • Formal contract
  • Gratuitous contract
  • Onerous contract
  • Remuneratory contract (correct)

    • What governs a formal contract according to the content provided?

  • It can be formed through implied consent only.
  • It must be a verbal agreement between parties.
  • It must be in a specific format required by law. (correct)
  • It requires no particular structure.

    • What does ARTICLE 1370 state about unclear contract terms?

    <p>The evident intention of the parties prevails over unclear terms.</p> Signup and view all the answers

    Which characteristic best defines a gratuitous contract?

    <p>It is based on the liberality of one party.</p> Signup and view all the answers

    What is a primary element a contract must possess to be considered valid?

    <p>Agreed-upon terms must lack ambiguity.</p> Signup and view all the answers

    In terms of interpretation, what takes precedence if the literal terms of a contract contradict the evident intention of the parties?

    <p>The evident intentions of the parties take priority.</p> Signup and view all the answers

    What role do motives play in the formation of a contract?

    <p>They are irrelevant to the contract's validity.</p> Signup and view all the answers

    What stage of a contract involves the steps taken by the parties leading to the perfection of the contract?

    <p>Preparation or negotiation</p> Signup and view all the answers

    Which of the following is a requirement for a valid contract?

    <p>Meeting of minds regarding the subject and cause</p> Signup and view all the answers

    Which type of innominate contract is characterized as 'I do that you may do'?

    <p>facto ut facias</p> Signup and view all the answers

    What happens to unauthorized contracts entered into by a person without authority?

    <p>They are unenforceable unless ratified</p> Signup and view all the answers

    According to the principle of enforceability, which of the following statements is correct?

    <p>Both parties must consent for the contract to be binding</p> Signup and view all the answers

    What does the term 'meeting of minds' refer to in contract law?

    <p>The mutual understanding and agreement on contract terms</p> Signup and view all the answers

    Which of the following is a misrepresentation of the non-transmissibility of rights and obligations in a contract?

    <p>Obligations are always transferable to heirs</p> Signup and view all the answers

    What is the most crucial outcome of a legitimate 'ratification' of a contract?

    <p>It affirmatively acknowledges the contract's existence</p> Signup and view all the answers

    What are contracts that are perfected by mere consent regarding the subject matter called?

    <p>Consensual Contracts</p> Signup and view all the answers

    An indivisible contract can be satisfied independently by each part.

    <p>False</p> Signup and view all the answers

    What are the three classifications of perfection of contracts?

    <p>Consensual Contracts, Real Contracts, Solemn Contracts</p> Signup and view all the answers

    A contract that requires delivery of the subject matter for perfection is called a _____ contract.

    <p>Real</p> Signup and view all the answers

    Which of the following is a limitation on contracts?

    <p>Good customs</p> Signup and view all the answers

    Match the types of contracts with their characteristics:

    <p>Consensual Contracts = Perfected by mere consent Real Contracts = Perfected by delivery of subject matter Solemn Contracts = Requires compliance with formalities Indivisible Contracts = Dependent on all parts for satisfaction</p> Signup and view all the answers

    What is the consequence of establishing stipulations contrary to law in a contract?

    <p>The contract may be deemed invalid or unenforceable.</p> Signup and view all the answers

    All contracts can be fulfilled independently without regard for one another.

    <p>False</p> Signup and view all the answers

    What is required for an offer to be valid?

    <p>It must be certain and seriously intended.</p> Signup and view all the answers

    A contract signed under duress is voidable.

    <p>True</p> Signup and view all the answers

    What is meant by 'lucid interval' in contract law?

    <p>A temporary period of sanity.</p> Signup and view all the answers

    A contract where consent is given through _________ is voidable.

    <p>mistake</p> Signup and view all the answers

    Match the terms related to consent with their definitions:

    <p>Intelligent = Means the party understands the nature of the agreement Free and voluntary = Means consent is given without coercion Conscious = Indicates the awareness of the action being taken</p> Signup and view all the answers

    Which of the following is NOT a ground for annulling a voidable contract?

    <p>Agreement from both parties</p> Signup and view all the answers

    Acceptance of an offer must be clear and absolute.

    <p>True</p> Signup and view all the answers

    What is the term for a proposal made by one party indicating a willingness to enter into a contract?

    <p>Offer</p> Signup and view all the answers

    What is an example of a form of impossibility in contracts?

    <p>Physical impossibility</p> Signup and view all the answers

    Lesion refers to any damage caused by an unjust or inadequate price.

    <p>True</p> Signup and view all the answers

    What does 'cause' refer to in the context of contracts?

    <p>The essential reason or purpose for which contracting parties enter into the contract.</p> Signup and view all the answers

    A contract that is _____ is one where the object or service is contrary to law or morals.

    <p>illegal</p> Signup and view all the answers

    Which statement best describes a relative impossibility in contracts?

    <p>It arises from special circumstances surrounding the case.</p> Signup and view all the answers

    Match the following terms with their correct definitions:

    <p>Illegality of cause = Occurrence of an unlawful purpose in a contract Inchoate rights = A right of expectancy until a condition occurs Falsity of cause = A statement in a contract that is not true Lesion = Damage caused by unjust pricing</p> Signup and view all the answers

    Contracts are obligatory in whatever _____ they may have been entered into, as long as valid requirements are present.

    <p>form</p> Signup and view all the answers

    What are the essential elements of a contract?

    <p>Consent, Object, Cause</p> Signup and view all the answers

    An invitation to make an offer is considered a definite offer.

    <p>False</p> Signup and view all the answers

    Inchoate rights become definite upon the death of the decedent.

    <p>True</p> Signup and view all the answers

    List one group of persons who cannot give consent in contract law.

    <p>Unemancipated minors, insane persons, or deaf-mutes who cannot write.</p> Signup and view all the answers

    What is required for misrepresentation by a third person to vitiate consent?

    <p>It must create substantial mistakes and be mutual</p> Signup and view all the answers

    Ignorance of the law excuses a person from compliance with it.

    <p>False</p> Signup and view all the answers

    The three essential elements of a contract are consent, object, and _____ .

    <p>cause</p> Signup and view all the answers

    Match the following legal terms with their definitions:

    <p>Consent = Agreement between parties to enter a contract Object = Subject matter of the contract Cause = Reason for the obligation created by the contract Demented persons = Individuals unable to give consent due to insanity</p> Signup and view all the answers

    What defines causal fraud in the context of contract law?

    <p>Causal fraud is defined as a ground for the annulment of a contract, but it may also result in an action for damages.</p> Signup and view all the answers

    Causal fraud should not have been known by the ______ contracting parties.

    <p>other</p> Signup and view all the answers

    Which of the following is NOT considered a natural element of a contract?

    <p>Ratification by a guardian</p> Signup and view all the answers

    Which of the following describes the type of force used to acquire consent that is considered violence?

    <p>Serious or irresistible force</p> Signup and view all the answers

    A deaf-mute person can give valid consent if they are able to write.

    <p>True</p> Signup and view all the answers

    What is required for fraud to render a contract voidable?

    <p>The fraud must be serious and not employed by both contracting parties.</p> Signup and view all the answers

    What is required for consent to be considered valid in contracts?

    <p>A meeting of the offer and acceptance.</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Fraud = Deceit that affects consent Intimidation = Compelling consent through fear of imminent evil Mutual Mistake = Both parties are mistaken about a fact Violence = Use of serious force to obtain consent</p> Signup and view all the answers

    Misrepresentation made in good faith may constitute ______, but it is not considered fraudulent.

    <p>error</p> Signup and view all the answers

    What constitutes fraud in the context of contracts?

    <p>Failure to disclose facts when required</p> Signup and view all the answers

    Future things cannot be valid objects of a contract.

    <p>False</p> Signup and view all the answers

    What type of contracts cannot be established regarding future inheritance?

    <p>Contracts unless authorized by law</p> Signup and view all the answers

    The object of a contract is its ______.

    <p>subject matter</p> Signup and view all the answers

    Match the following contract terms with their definitions:

    <p>Fraud = Failure to disclose necessary facts Future inheritance = Property or rights not yet owned False cause = Invalid basis for a contract Impossible objects = Elements that cannot form a contract</p> Signup and view all the answers

    Which of the following best describes 'absence of cause' in contracts?

    <p>Total lack of any valid consideration</p> Signup and view all the answers

    An impossible object can be the subject of a valid contract.

    <p>False</p> Signup and view all the answers

    A statement of ______ in contracts shall render them void unless proven otherwise.

    <p>false cause</p> Signup and view all the answers

    Which of the following is NOT considered an essential element of a contract?

    <p>Legitimacy</p> Signup and view all the answers

    What are 'natural elements' in the context of contracts?

    <p>Assumed elements that are presumed to exist in contracts</p> Signup and view all the answers

    Which of the following best describes the manner in which consent is manifested?

    <p>By the meeting of an offer and acceptance</p> Signup and view all the answers

    Which group of individuals is deemed incapable of giving valid consent to a contract?

    <p>Insane or demented persons</p> Signup and view all the answers

    What are the 'accidental elements' in a contract?

    <p>Specific stipulations or terms unique to a contract</p> Signup and view all the answers

    Which statement correctly reflects the enforceability of contracts?

    <p>Contracts entered during lucid intervals by insane persons are valid.</p> Signup and view all the answers

    Which option describes 'special elements' in contracts?

    <p>Only applicable to specific contracts</p> Signup and view all the answers

    Which of the following individuals can give valid consent to a contract despite being deaf-mute?

    <p>Deaf-mutes who can communicate in writing</p> Signup and view all the answers

    Study Notes

    Article 1305 - Contracts

    • Contracts are agreements where one party binds themselves to another to give or do something.
    • Contracts are classified as nominate (with specific names) or innominate (without specific names).
    • Unilateral contracts bind only one party, while bilateral contracts bind both.
    • Accessory contracts depend on other contracts for their validity, while principal contracts don't.
    • Indivisible contracts require all parts to be fulfilled, while divisible contracts allow parts to be performed independently.

    Limitations of Contracts

    • Contracts cannot violate the law, morals, good customs, public order, or public policy.
    • Valid contracts meet all legal requirements and are legally enforceable.

    Kinds of Innominate Contracts

    • Do ut des: I give that you may give.
    • Do ut facias: I give that you may do.
    • Facto ut des: I do that you may give.
    • Facto ut facias: I do that you may do.

    Perfection of Contracts

    • Contracts are perfected by consent.
    • Parties are bound not only by the agreed terms but also by consequences that follow from good faith, usage, and law.
    • Consensual contracts are perfected by agreement (e.g., sales).
    • Real contracts are perfected by delivery (e.g., deposit).
    • Solemn contracts require specific formalities (e.g., donations of real property).

    Stages of a Contract

    • Preparation/Negotiation: Parties take steps towards agreement.
    • Perfection/Birth: Parties reach agreement.
    • Consummation/Termination: Contract is fulfilled.

    Essential Elements of a Contract

    • Consent: Agreement of wills.
    • Object: Subject matter of contract.
    • Cause: Reason for entering the contract.
    • Error (Mistake): False belief about the contract's object or conditions.
    • Violence: Serious or irresistible force against contracting party.
    • Intimidation: Fear for a serious threat.
    • Undue influence: Overpowering another's will.
    • Fraud: Deceptive actions causing consent.

    Unauthorized Contracts

    • Unauthorized contracts are unenforceable, but ratification makes them valid.

    Form of Contracts

    • Contracts are generally valid in whatever form they are made, provided essential requirements are met.
    • Some contracts require specific forms for validity or enforceability (e.g., formal contracts).

    Interpretation of Contracts

    • Clear contract terms are interpreted literally, but intent prevails over literal meanings.
    • Interpreted with consideration for the nature & object of the contract.
    • Contemporaneous and subsequent actions are relevant to determining intent.

    Kinds of Defective Contracts

    • Rescissible: Valid but can be rescinded due to injustice.
    • Voidable: Valid but can be challenged due to a vice of consent.
    • Unenforceable: Not enforceable until ratified.
    • Void/Inexistent: Without legal effect from the start.

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    Article 1305 - Contracts PDF

    Description

    This quiz covers the essential concepts of contracts as outlined in Article 1305. It explores the classifications of contracts, their limitations, types of innominate contracts, and the principles of perfection in contractual agreements. Test your understanding of legal agreements and their enforceability.

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