Podcast
Questions and Answers
When does the defense of illegality of contract become unavailable to third persons?
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?
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?
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?
Which statement accurately reflects the foundation of natural obligations?
In what scenario are creditors typically protected concerning contracts?
In what scenario are creditors typically protected concerning contracts?
In real contracts like deposit, pledge, and commodatum, what action is essential for the perfection of the contract?
In real contracts like deposit, pledge, and commodatum, what action is essential for the perfection of the contract?
What three elements must be present for a contract to exist?
What three elements must be present for a contract to exist?
When does acceptance via letter or telegram bind the offerer, and where is the contract presumed to have been entered into?
When does acceptance via letter or telegram bind the offerer, and where is the contract presumed to have been entered into?
Under what condition is an advertiser bound to accept the highest or lowest bidder in advertisements for bidders?
Under what condition is an advertiser bound to accept the highest or lowest bidder in advertisements for bidders?
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?
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?
Flashcards
What type of contract stems from illegality?
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?
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?
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?
Are advertisements by bidders a solicitation of contracts?
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What constitutes 'cause' in onerous contracts?
What constitutes 'cause' in onerous contracts?
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What is the effect of a contract without cause?
What is the effect of a contract without cause?
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What happens when a mistake occurs?
What happens when a mistake occurs?
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What controls when contract terms are clear?
What controls when contract terms are clear?
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If a contract has multiple meanings, what should it be understood as?
If a contract has multiple meanings, what should it be understood as?
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What contracts are deemed 'rescissible'?
What contracts are deemed 'rescissible'?
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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.