Contract Law: Obligations and Requisites
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Questions and Answers

When does the defense of illegality of contract become unavailable to third persons?

  • When the third parties' interests are not directly affected by the contract. (correct)
  • When the contract is available only once.
  • When the contract is always available.
  • When the third parties' interests are directly affected by the contract.

Which of the following describes a contract that is the direct result of a previous illegal contract?

  • Rescissible
  • Void (correct)
  • Annullable
  • Voidable

What is provided by civil obligations that allows a party to ensure performance?

  • Right of Refusal (correct)
  • Right of Action
  • Right of Way
  • Right of Easement

Which statement accurately reflects the foundation of natural obligations?

<p>Natural obligations are not based on positive law but on equity and natural law. (D)</p> Signup and view all the answers

In what scenario are creditors typically protected concerning contracts?

<p>Contracts intended to defraud them. (B)</p> Signup and view all the answers

In real contracts like deposit, pledge, and commodatum, what action is essential for the perfection of the contract?

<p>Delivery (B)</p> Signup and view all the answers

What three elements must be present for a contract to exist?

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

When does acceptance via letter or telegram bind the offerer, and where is the contract presumed to have been entered into?

<p>Upon knowledge of the acceptance; place where the offer was made. (C)</p> Signup and view all the answers

Under what condition is an advertiser bound to accept the highest or lowest bidder in advertisements for bidders?

<p>When there is acceptance. (A)</p> Signup and view all the answers

What is the legal status of contracts entered into during a lucid interval compared to those agreed to during a state of drunkenness or a hypnotic spell?

<p>Valid and Voidable (D)</p> Signup and view all the answers

Flashcards

What type of contract stems from illegality?

A contract is void if it is the direct result of a previous illegal contract.

When are real contracts perfected?

A contract is only perfected upon delivery of the object of the obligation.

What requisites must concur for a contract to exist?

There is no contract unless there is consent of the contracting parties, object certain which is the subject matter of the contract; and cause of the obligation which is established.

Are advertisements by bidders a solicitation of contracts?

Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears.

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What constitutes 'cause' in onerous contracts?

In onerous contracts the cause is understood to be, for each contracting party, the prestation or promise of a thing or service by the other; in remuneratory ones, the service or benefit which is remunerated; and in contracts of pure beneficence, the mere liberality of the benefactor.

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What is the effect of a contract without cause?

Contracts without cause, or with unlawful cause, produce no effect whatsoever. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy.

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What happens when a mistake occurs?

When a mutual mistake of the parties causes the failure of the instrument to disclose their real agreement, said instrument may be reformed.

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What controls when contract terms are clear?

If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control.

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If a contract has multiple meanings, what should it be understood as?

If some stipulation of any contract should admit of several meanings, it shall be understood as bearing that which is most adequate to render it effectual.

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What contracts are deemed 'rescissible'?

The following contracts are rescissible: Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof, Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number, Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them

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Study Notes

  • The defense of illegality of contract is not available to third persons whose interests are not directly affected.
  • A contract which is the direct result of a previous illegal contract, is void.
  • Civil obligations grant a right of action to compel performance
  • Natural obligations are based on equity and natural law, not positive law.
  • Creditors are protected in cases of contracts intended to defraud them.
  • Real contracts, like deposit, pledge, and commodatum, are not perfected until delivery of the object of the obligation.
  • A contract requires: consent of the contracting parties; object certain which is the subject matter of the contract; cause of the obligation which is established.
  • Acceptance via letter/telegram binds the offerer when it reaches the offerer's knowledge; contract is presumed made where the offer was made
  • Advertisements for bidders are invitations to make proposals, not binding on the advertiser to accept the highest/lowest bidder, unless the contrary appears.
  • Contracts during a lucid interval are valid; contracts during drunkenness/hypnotic spell are voidable.
  • Failure to disclose facts with confidential relations constitutes fraud.
  • A mere opinion doesn't signify fraud unless made by an expert and relied upon.
  • Impossible things/services cannot be the object of contracts.
  • The object of every contract must be determinate as to its kind
  • In onerous contracts, the cause is the prestation/promise of a thing/service; in remuneratory, the service/benefit remunerated; in pure beneficence, the mere liberality of the benefactor.
  • Contracts without or with unlawful cause produce no effect. The cause is unlawful if it is contrary to law, morals, etc.
  • When a mutual mistake causes failure to disclose real agreement, the instrument may be reformed.
  • There shall be no reformation in simple "inter vivos" donations without conditions, wills, or when the real agreement is void.
  • Once action brought to enforce, instrument cannot be subsequently reformed.
  • Procedure for reformation of instrument governed by Rules of Court.
  • Clear contract terms with no doubt on intention: literal meaning of stipulations controls
  • Contract stipulation with several meanings: understood bearing effectual meaning
  • Obscure words/stipulations in a contract interpreted against who caused obscurity (the party)
  • Principles of interpretation in Rule 123 of Rules of Court observed in construction of contracts
  • Contracts validly agreed upon can be rescinded in cases established by law.
  • Rescissible contracts include those by guardians where wards suffer lesion by >1/4 of value, those agreed upon in representation of absentees if they suffer lesion, and fraud of creditors cases
  • Action for rescission is subsidiary, instituted only when no other legal reparation.
  • Action for annulment must be brought within four years.
  • Ratification extinguishes action to annul avoidable contract.
  • Ratification cleanses the contract from all defects from the moment it was constituted.
  • Unenforceable contracts cannot be assailed by third persons.

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Description

Explore key aspects of contract law. This includes the defense of illegality, the impact of illegal contracts, civil vs. natural obligations, protection of creditors, and the requisites of a contract. Also covered are real contracts and acceptance rules.

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