Contract Law Basics
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Contract Law Basics

Test your knowledge of essential elements of a contract, including consent and meeting of the minds. Explore liability in cases of lost items through theft according to contract law.

Created by
@JubilantEpic

Questions and Answers

What institution is divided into the Senate and House of Representatives?

Congress of the Philippines

Who holds the executive power in the Philippines?

President of the Philippines

Which branch of government determines whether there has been a grave abuse of discretion by the government?

Supreme Court

What is the term length for the President and Vice President of the Philippines?

<p>Six years</p> Signup and view all the answers

Which branch is authorized to make laws and alter or repeal them in the Philippines?

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

In the context of the Philippine government structure, who appoints the cabinet members?

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

Which type of contract involves a transfer of ownership?

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

In which type of contract does one party propose to give a benefit without any compensation?

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

Which type of contract results in an obligation for only one of the parties?

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

What type of contract involves the rendition of a service?

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

Which type of contract includes a conveyance of use?

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

In which type of contract does each party aim to get a benefit through compensation?

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

What is the primary purpose of the Philippine Constitution?

<p>To establish and define the fundamental powers of the government</p> Signup and view all the answers

Which of the following is an example of a Statute or legislation enactment?

<p>Civil Code of the Philippines</p> Signup and view all the answers

What is the nature of a Treaty?

<p>It is a compact between two or more independent nations for public welfare</p> Signup and view all the answers

Who issues Administrative or Executive Orders, Regulations, and Rulings?

<p>Administrative officials under legislative authority</p> Signup and view all the answers

What do Juridical Decisions or Jurisprudence refer to?

<p>Decisions of the Supreme Court in interpreting laws and the constitution</p> Signup and view all the answers

Which one of the following serves as the fundamental law of the land?

<p>The Philippine Constitution</p> Signup and view all the answers

What is the consequence if a thing is lost through theft due to the debtor's negligence?

<p>The debtor will be liable for damages</p> Signup and view all the answers

What are the essential elements of a contract according to the text?

<p>Consent, object certain, and cause of the obligation</p> Signup and view all the answers

What distinguishes a contract of adhesion as defined in the text?

<p>It is only signed by one party</p> Signup and view all the answers

What characterizes an accessory contract in relation to other contracts?

<p>It exists solely as a consequence of another prior contract</p> Signup and view all the answers

What principle dictates that both parties in a contract must have control over its validity and performance?

<p>Principle of mutuality</p> Signup and view all the answers

What type of contracts fulfill their purpose independently from other contracts?

<p>Principal contracts</p> Signup and view all the answers

What is the legal standpoint on stipulating terms in a contract?

<p>Terms must align with law, morals, good customs, public order, and public policy.</p> Signup and view all the answers

Who are contracts binding?

<p>Parties involved and their successors-in-interest.</p> Signup and view all the answers

Which type of contract is exempt from requiring a particular form for validity?

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

What is the characteristic of consensual contracts?

<p>Perfected by mere agreement of the parties.</p> Signup and view all the answers

What makes real contracts different from consensual contracts?

<p>They require delivery of the object for perfection.</p> Signup and view all the answers

What characterizes common contracts according to the text?

<p>They do not require any particular form.</p> Signup and view all the answers

Study Notes

Sources of Law

  • The Philippine Constitution is the fundamental law of the land, establishing, limiting, and defining the government's powers and distributing them among several departments.
  • Statutes or legislation enactments are written wills of the legislative department, prescribing rules of action or civil conduct.
  • Treaties are compacts made between two or more independent nations for public welfare.

Administrative or Executive Orders, Regulations, and Rulings

  • Issued by administrative officials under legislative authority
  • Examples: Rules and Regulations promulgated by the Secretary of Tourism, BIR Circulars and Rulings, and Administrative issuances by the Department of Foreign Affairs

Juridical Decisions or Jurisprudence

  • Refers to the decisions of the Supreme Court in interpreting the laws of the constitution

The Legislative Branch

  • The legislative power is vested in the Congress of the Philippines, consisting of a Senate and a House of Representatives
  • Authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress
  • This institution is divided into the Senate and House of Representatives

The Executive Branch

  • The executive power is vested in the President of the Philippines
  • Composed of the President and the Vice President, who are elected by direct popular vote and serve a term of six years
  • The President has authority to appoint his cabinet, which forms a large portion of the country's bureaucracy

The Judicial Branch

  • The judicial power is vested in one Supreme Court and in such lower courts as may be established by law
  • Holds the power to settle controversies involving rights that are legally demandable and enforceable
  • Determines whether there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the government

Contracts

  • A contract is a meeting of minds between two persons, whereby one binds himself to give something or render some service
  • Essential elements of a contract: consent, object certain, and cause of the obligation

Types of Contracts

  • Principal contracts: can subsist independently from other contracts and whose purpose can be fulfilled by themselves (e.g. sale, lease)
  • Accessory contracts: can exist only as a consequence of, or in relation with, another prior contract (e.g. mortgage)
  • Contract of Adhesion: one which is almost all the provisions have been drafted only by one party, usually a corporation or insurance company

Characteristics of a Contract

  • Mutuality of contracts: validity and performance cannot be left to the will of only one of the parties
  • Autonomy of contracts: parties are free to stipulate terms and provisions in a contract, as long as these provisions are not contrary to law, morals, good customs, public order, and public policy
  • Relativity of contracts: contracts are binding only the parties and their successors-in-interest
  • Consensuality of contracts: contracts are perfected by mere consent, and no form is prescribed by law for their validity
  • Obligatory force of contracts: constitutes the law as between the parties who are compelled to perform under the threat of being sued in the courts of law

Classification of Contracts

  • According to their relation to other contracts: preparatory, principal, and accessory contracts
  • According to perfection: consensual and real contracts
  • According to form: common and special or formal contracts
  • According to their purpose: transfer of ownership, conveyance of use, and rendition of service
  • According to their subject matter: things and services
  • According to the nature of the vinculum which they produce: unilateral and bilateral contracts
  • According to their cause: onerous and gratuitous contracts
  • According to the risk involved: commutative and aleatory contracts

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