Podcast
Questions and Answers
What distinguishes an onerous contract from a gratuitous contract?
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?
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?
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?
What does ARTICLE 1370 state about unclear contract terms?
Which characteristic best defines a gratuitous contract?
Which characteristic best defines a gratuitous contract?
What is a primary element a contract must possess to be considered valid?
What is a primary element a contract must possess to be considered valid?
In terms of interpretation, what takes precedence if the literal terms of a contract contradict the evident intention of the parties?
In terms of interpretation, what takes precedence if the literal terms of a contract contradict the evident intention of the parties?
What role do motives play in the formation of a contract?
What role do motives play in the formation of a contract?
What stage of a contract involves the steps taken by the parties leading to the perfection of the contract?
What stage of a contract involves the steps taken by the parties leading to the perfection of the contract?
Which of the following is a requirement for a valid contract?
Which of the following is a requirement for a valid contract?
Which type of innominate contract is characterized as 'I do that you may do'?
Which type of innominate contract is characterized as 'I do that you may do'?
What happens to unauthorized contracts entered into by a person without authority?
What happens to unauthorized contracts entered into by a person without authority?
According to the principle of enforceability, which of the following statements is correct?
According to the principle of enforceability, which of the following statements is correct?
What does the term 'meeting of minds' refer to in contract law?
What does the term 'meeting of minds' refer to in contract law?
Which of the following is a misrepresentation of the non-transmissibility of rights and obligations in a contract?
Which of the following is a misrepresentation of the non-transmissibility of rights and obligations in a contract?
What is the most crucial outcome of a legitimate 'ratification' of a contract?
What is the most crucial outcome of a legitimate 'ratification' of a contract?
What are contracts that are perfected by mere consent regarding the subject matter called?
What are contracts that are perfected by mere consent regarding the subject matter called?
An indivisible contract can be satisfied independently by each part.
An indivisible contract can be satisfied independently by each part.
What are the three classifications of perfection of contracts?
What are the three classifications of perfection of contracts?
A contract that requires delivery of the subject matter for perfection is called a _____ contract.
A contract that requires delivery of the subject matter for perfection is called a _____ contract.
Which of the following is a limitation on contracts?
Which of the following is a limitation on contracts?
Match the types of contracts with their characteristics:
Match the types of contracts with their characteristics:
What is the consequence of establishing stipulations contrary to law in a contract?
What is the consequence of establishing stipulations contrary to law in a contract?
All contracts can be fulfilled independently without regard for one another.
All contracts can be fulfilled independently without regard for one another.
What is required for an offer to be valid?
What is required for an offer to be valid?
A contract signed under duress is voidable.
A contract signed under duress is voidable.
What is meant by 'lucid interval' in contract law?
What is meant by 'lucid interval' in contract law?
A contract where consent is given through _________ is voidable.
A contract where consent is given through _________ is voidable.
Match the terms related to consent with their definitions:
Match the terms related to consent with their definitions:
Which of the following is NOT a ground for annulling a voidable contract?
Which of the following is NOT a ground for annulling a voidable contract?
Acceptance of an offer must be clear and absolute.
Acceptance of an offer must be clear and absolute.
What is the term for a proposal made by one party indicating a willingness to enter into a contract?
What is the term for a proposal made by one party indicating a willingness to enter into a contract?
What is an example of a form of impossibility in contracts?
What is an example of a form of impossibility in contracts?
Lesion refers to any damage caused by an unjust or inadequate price.
Lesion refers to any damage caused by an unjust or inadequate price.
What does 'cause' refer to in the context of contracts?
What does 'cause' refer to in the context of contracts?
A contract that is _____ is one where the object or service is contrary to law or morals.
A contract that is _____ is one where the object or service is contrary to law or morals.
Which statement best describes a relative impossibility in contracts?
Which statement best describes a relative impossibility in contracts?
Match the following terms with their correct definitions:
Match the following terms with their correct definitions:
Contracts are obligatory in whatever _____ they may have been entered into, as long as valid requirements are present.
Contracts are obligatory in whatever _____ they may have been entered into, as long as valid requirements are present.
What are the essential elements of a contract?
What are the essential elements of a contract?
An invitation to make an offer is considered a definite offer.
An invitation to make an offer is considered a definite offer.
Inchoate rights become definite upon the death of the decedent.
Inchoate rights become definite upon the death of the decedent.
List one group of persons who cannot give consent in contract law.
List one group of persons who cannot give consent in contract law.
What is required for misrepresentation by a third person to vitiate consent?
What is required for misrepresentation by a third person to vitiate consent?
Ignorance of the law excuses a person from compliance with it.
Ignorance of the law excuses a person from compliance with it.
The three essential elements of a contract are consent, object, and _____ .
The three essential elements of a contract are consent, object, and _____ .
Match the following legal terms with their definitions:
Match the following legal terms with their definitions:
What defines causal fraud in the context of contract law?
What defines causal fraud in the context of contract law?
Causal fraud should not have been known by the ______ contracting parties.
Causal fraud should not have been known by the ______ contracting parties.
Which of the following is NOT considered a natural element of a contract?
Which of the following is NOT considered a natural element of a contract?
Which of the following describes the type of force used to acquire consent that is considered violence?
Which of the following describes the type of force used to acquire consent that is considered violence?
A deaf-mute person can give valid consent if they are able to write.
A deaf-mute person can give valid consent if they are able to write.
What is required for fraud to render a contract voidable?
What is required for fraud to render a contract voidable?
What is required for consent to be considered valid in contracts?
What is required for consent to be considered valid in contracts?
Match the following terms with their definitions:
Match the following terms with their definitions:
Misrepresentation made in good faith may constitute ______, but it is not considered fraudulent.
Misrepresentation made in good faith may constitute ______, but it is not considered fraudulent.
What constitutes fraud in the context of contracts?
What constitutes fraud in the context of contracts?
Future things cannot be valid objects of a contract.
Future things cannot be valid objects of a contract.
What type of contracts cannot be established regarding future inheritance?
What type of contracts cannot be established regarding future inheritance?
The object of a contract is its ______.
The object of a contract is its ______.
Match the following contract terms with their definitions:
Match the following contract terms with their definitions:
Which of the following best describes 'absence of cause' in contracts?
Which of the following best describes 'absence of cause' in contracts?
An impossible object can be the subject of a valid contract.
An impossible object can be the subject of a valid contract.
A statement of ______ in contracts shall render them void unless proven otherwise.
A statement of ______ in contracts shall render them void unless proven otherwise.
Which of the following is NOT considered an essential element of a contract?
Which of the following is NOT considered an essential element of a contract?
What are 'natural elements' in the context of contracts?
What are 'natural elements' in the context of contracts?
Which of the following best describes the manner in which consent is manifested?
Which of the following best describes the manner in which consent is manifested?
Which group of individuals is deemed incapable of giving valid consent to a contract?
Which group of individuals is deemed incapable of giving valid consent to a contract?
What are the 'accidental elements' in a contract?
What are the 'accidental elements' in a contract?
Which statement correctly reflects the enforceability of contracts?
Which statement correctly reflects the enforceability of contracts?
Which option describes 'special elements' in contracts?
Which option describes 'special elements' in contracts?
Which of the following individuals can give valid consent to a contract despite being deaf-mute?
Which of the following individuals can give valid consent to a contract despite being deaf-mute?
Flashcards
Valid Contract
Valid Contract
A contract that meets all legal requirements and is enforceable.
Stages of Contract Life
Stages of Contract Life
The steps involved in creating, agreeing upon, and completing a contract.
Unauthorized Contract
Unauthorized Contract
A contract made by someone without proper authority.
Ratification
Ratification
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Do ut des
Do ut des
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Do ut facias
Do ut facias
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Facto ut des
Facto ut des
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Facto ut facias
Facto ut facias
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Formal Contracts
Formal Contracts
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Onerous Contract
Onerous Contract
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Gratuitous Contract
Gratuitous Contract
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What determines if a contract is valid?
What determines if a contract is valid?
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What is a 'Cause' in a contract?
What is a 'Cause' in a contract?
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Literal meaning vs. Intention
Literal meaning vs. Intention
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Interpretation of a contract is...
Interpretation of a contract is...
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What are the motives in a contract?
What are the motives in a contract?
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What are the 3 essential elements of a contract?
What are the 3 essential elements of a contract?
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Consent (Contracts)
Consent (Contracts)
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Object of a Contract
Object of a Contract
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Cause of Obligation
Cause of Obligation
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Business Advertisement
Business Advertisement
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Who cannot give consent?
Who cannot give consent?
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Lucid Intervals
Lucid Intervals
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EPSO JURE
EPSO JURE
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Contract
Contract
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Nominate Contract
Nominate Contract
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Innominate Contract
Innominate Contract
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Unilateral Contract
Unilateral Contract
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Bilateral Contract
Bilateral Contract
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Essential Elements of a Contract
Essential Elements of a Contract
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Consent
Consent
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Cause of a Contract
Cause of a Contract
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What is Consent in a Contract?
What is Consent in a Contract?
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What is the Object of a Contract?
What is the Object of a Contract?
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What is the Cause of a Contract?
What is the Cause of a Contract?
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Principal Contract
Principal Contract
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Accessory Contract
Accessory Contract
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Indivisible Contract
Indivisible Contract
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Divisible Contract
Divisible Contract
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Consensual Contract
Consensual Contract
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Real Contract
Real Contract
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Solemn Contract
Solemn Contract
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Public Order
Public Order
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Voidable Contract
Voidable Contract
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What makes consent valid?
What makes consent valid?
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Offer (Contracts)
Offer (Contracts)
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Acceptance (Contracts)
Acceptance (Contracts)
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What are the 'Vices of Consent'?
What are the 'Vices of Consent'?
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Mistake (Contracts)
Mistake (Contracts)
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Future Things
Future Things
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Can inheritance be a contract object?
Can inheritance be a contract object?
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What are the requirements for a valid 'object'?
What are the requirements for a valid 'object'?
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False Cause in Contracts
False Cause in Contracts
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Cause vs. Lack of Cause
Cause vs. Lack of Cause
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What are 'services' in a contract?
What are 'services' in a contract?
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What is 'Concealment' in Contracts?
What is 'Concealment' in Contracts?
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What are Inchoate Rights?
What are Inchoate Rights?
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What is an Example of Inchoate Rights?
What is an Example of Inchoate Rights?
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What does 'Illegality of Cause' mean in a contract?
What does 'Illegality of Cause' mean in a contract?
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What is 'Falsity of Cause'?
What is 'Falsity of Cause'?
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What is 'Lesion' in a contract?
What is 'Lesion' in a contract?
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What are the two types of 'Impossibility' in a contract?
What are the two types of 'Impossibility' in a contract?
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What is the 'Form of Contracts'?
What is the 'Form of Contracts'?
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What is the main difference between 'Formal Contracts' and 'Informal Contracts'?
What is the main difference between 'Formal Contracts' and 'Informal Contracts'?
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Mistake of Law
Mistake of Law
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Violence (Contract)
Violence (Contract)
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Intimidation (Contract)
Intimidation (Contract)
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Misrepresentation by a Third Party
Misrepresentation by a Third Party
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Good Faith Misrepresentation
Good Faith Misrepresentation
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Fraud in a Contract
Fraud in a Contract
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Causal Fraud
Causal Fraud
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Requirements of Causal Fraud
Requirements of Causal Fraud
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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.
Vices of Consent
- 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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