Contract Law Quiz: Validity and Enforcement
66 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What happens if the form for the validity of a contract is not observed?

  • The contract can be amended without consequences.
  • The contract is rendered void and has no effect. (correct)
  • The contract remains valid but unenforceable.
  • The contract is enforceable but subject to penalties.
  • In which scenario is a contract not allowed to be enforced despite being valid?

  • When it is a rescissible contract.
  • When it is a voidable contract.
  • When it does not comply with the required form for enforceability. (correct)
  • When it is a void and inexistent contract.
  • Which type of contract can be rescinded for causing damages to a party?

  • Unenforceable contract.
  • Rescissible contract. (correct)
  • Voidable contract.
  • Void and inexistent contract.
  • What does rescission achieve in the context of defective contracts?

    <p>It abrogates the contract from the beginning. (C)</p> Signup and view all the answers

    What is the requirement of a public document in relation to defective contracts?

    <p>It serves only for convenience and not for validity. (A)</p> Signup and view all the answers

    Which type of contracts is defined as those that are valid but can be voided at the discretion of one party?

    <p>Voidable contracts. (B)</p> Signup and view all the answers

    What is required to classify a contract as unenforceable?

    <p>It must lack necessary legal formalities. (C)</p> Signup and view all the answers

    What criterion differentiates a void contract from a voidable contract?

    <p>Void contracts cannot ever be valid. (D)</p> Signup and view all the answers

    What type of contract does not produce legal effects because it is deemed inexistent?

    <p>Void contract. (C)</p> Signup and view all the answers

    Which aspect is NOT a purpose of the prescribed form for contracts?

    <p>To allow easy amendments to existing contract terms. (D)</p> Signup and view all the answers

    What is a characteristic of rescissible contracts?

    <p>They remain effective until a rescission action is taken. (C)</p> Signup and view all the answers

    In what situation can a contract be annulled?

    <p>When there is a mistake affecting consent. (A)</p> Signup and view all the answers

    Who is typically considered a ward under the law?

    <p>A child protected by a guardian. (D)</p> Signup and view all the answers

    Which of the following statements about voidable contracts is correct?

    <p>They can be annulled based on one party's discretion. (B)</p> Signup and view all the answers

    What does it mean when there is no meeting of the minds in a contract?

    <p>There is a discrepancy in mutual consent between parties. (D)</p> Signup and view all the answers

    How does a written instrument affect the validity of a contract?

    <p>It serves as evidence of consent among the parties. (B)</p> Signup and view all the answers

    Which of the following best describes a legally effective contract?

    <p>It remains binding until annulled or declared void. (C)</p> Signup and view all the answers

    Which of the following scenarios describes an annulment situation?

    <p>A contract signed by an intoxicated person. (B)</p> Signup and view all the answers

    What is the essential reason for a contract referred to as?

    <p>Cause (C)</p> Signup and view all the answers

    What is the fundamental principle that governs the interpretation of contracts?

    <p>The intention of the parties shall be accorded primordial consideration. (D)</p> Signup and view all the answers

    Which of the following best defines 'motive' in the context of contracts?

    <p>The particular reason of a contracting party that does not affect the other party. (A)</p> Signup and view all the answers

    In contract interpretation, what is crucial to ascertain?

    <p>The express terms of their agreement. (D)</p> Signup and view all the answers

    What articles pertain to the form of contracts?

    <p>Art. 1356 - 1358 (B)</p> Signup and view all the answers

    Which of the following statements about 'cause' and 'motive' is true?

    <p>Cause serves as the essential reason for the contract. (C)</p> Signup and view all the answers

    Which statement best summarizes the significance of interpretation in contract law?

    <p>Interpretation resolves disputes arising from unclear contract terms. (B)</p> Signup and view all the answers

    In the context of contracts, what does the term 'intention' refer to?

    <p>The expressed terms and agreements of the parties. (C)</p> Signup and view all the answers

    What are the necessary requisites for a contract to exist?

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

    Which parties are considered incapacitated to give consent under the law?

    <p>Minors, Insane persons, and Deaf-mutes (D)</p> Signup and view all the answers

    What characterizes the essential elements of a contract?

    <p>Must exist in all legally binding agreements (B)</p> Signup and view all the answers

    What are the vices of consent described in the content?

    <p>Fraud, Intimidation, Violence, Mistake (A)</p> Signup and view all the answers

    What must a mistake be to invalidate consent?

    <p>Real and unavoidable (A)</p> Signup and view all the answers

    Which type of mistake refers to misunderstanding the implications of a contract?

    <p>Mistake of Fact (A)</p> Signup and view all the answers

    What is necessary for consent to be considered valid?

    <p>It must be spontaneous and free (B)</p> Signup and view all the answers

    What does the term 'lucid interval' refer to in the context of contracts?

    <p>A period when an insane person regains sanity (C)</p> Signup and view all the answers

    What type of consent is rendered voidable?

    <p>Consent influenced by F.I.V.U.M (C)</p> Signup and view all the answers

    Which elements are classified as accidental elements in a contract?

    <p>Elements provided for by the parties (C)</p> Signup and view all the answers

    What type of fraud can lead to voiding a contract?

    <p>Insidious words or machinations (B)</p> Signup and view all the answers

    Which of the following is NOT a natural element of contracts?

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

    What is the primary cause of a contract's sustenance?

    <p>Cause of the obligation (A)</p> Signup and view all the answers

    What distinguishes a void contract from a voidable contract?

    <p>A void contract has no force and effect from the beginning. (B)</p> Signup and view all the answers

    What is the requirement for mutual restitution in rescission proceedings?

    <p>Both parties must remain in their original status. (D)</p> Signup and view all the answers

    Which of the following is NOT a requisite for valid ratification?

    <p>The defect in the contract must still be present. (D)</p> Signup and view all the answers

    What timeframe applies for the action for annulment mentioned in the context?

    <p>4 years from the discovery of the error. (C)</p> Signup and view all the answers

    What does the concept of insolvency entail?

    <p>A state where liabilities exceed assets. (C)</p> Signup and view all the answers

    What is the effect of ratification on the annulment of a voidable contract?

    <p>The contract is rendered valid from its inception. (D)</p> Signup and view all the answers

    Under what circumstances may rescission not take place?

    <p>If the contract has been approved by the courts. (A)</p> Signup and view all the answers

    What action must a prejudiced creditor take prior to seeking rescission?

    <p>Exhaust all remedies to collect due claims. (A)</p> Signup and view all the answers

    What is a requirement for a contract to be deemed voidable?

    <p>It must be created with fraud or undue influence. (D)</p> Signup and view all the answers

    What should ratification involve to be effective?

    <p>Knowledge of the reason for the contract's voidability. (B)</p> Signup and view all the answers

    What does undue influence refer to in contract law?

    <p>Manipulating a party by exploiting a position of power. (A)</p> Signup and view all the answers

    Which article outlines the requirements for ratification?

    <p>Article 1383 (D)</p> Signup and view all the answers

    When must an action related to undue influence be initiated?

    <p>Within 4 years of discovering the influence. (B)</p> Signup and view all the answers

    What characterizes a mistake of fact in contract law?

    <p>It occurs when one or both parties believe a fact exists that does not. (B)</p> Signup and view all the answers

    Which of the following best explains the term 'dolo causante'?

    <p>Fraud that induces a party to enter a contract by serious misrepresentation. (C)</p> Signup and view all the answers

    What is a requirement for a mistake of law to be actionable?

    <p>The mistake must be mutual between all parties involved. (C)</p> Signup and view all the answers

    Which statement correctly describes 'dolo incidente'?

    <p>It is fraud that is incidental and does not affect the core agreement. (D)</p> Signup and view all the answers

    What is a necessary condition for violence to affect a contract's validity?

    <p>The force must be serious or irresistible. (C)</p> Signup and view all the answers

    What constitutes 'intimidation' in contract law?

    <p>The use of threats to induce consent. (D)</p> Signup and view all the answers

    Which of the following best defines undue influence?

    <p>When one party uses superior power to influence another's will. (C)</p> Signup and view all the answers

    In contract law, what is required for a general understanding of the cause of a contract?

    <p>It represents the essential reason for which parties enter into the contract. (B)</p> Signup and view all the answers

    Which statement is accurate concerning 'absolute simulation'?

    <p>It involves a contract that has no substance or genuine intention. (A)</p> Signup and view all the answers

    What is meant by 'relative simulation' in contracts?

    <p>A simulated contract only concerning some terms of the agreement. (D)</p> Signup and view all the answers

    What must parties have regarding future inheritance for a contract to be valid?

    <p>The inheritance must not yet be opened. (B)</p> Signup and view all the answers

    What type of objects can be the subject of contracts?

    <p>Things that are not contrary to law or public policy. (D)</p> Signup and view all the answers

    What is a fundamental effect of a mistake of law on a contract?

    <p>It has no effect unless mutual. (C)</p> Signup and view all the answers

    What is the implication of a mutual mistake of fact in a contract?

    <p>The parties may rescind the contract based on the mistake. (B)</p> Signup and view all the answers

    Flashcards

    Interpretation of Contracts

    The creation of a legal obligation through the agreement of the parties involved.

    Cause of a Contract

    The essential reason for a contract to exist. It's what makes the contract valid.

    Motive of a Contract

    A specific reason a party enters a contract, not relevant to the other party.

    Interpretation

    The act of clarifying the meaning of words or actions in a contract.

    Signup and view all the flashcards

    Cardinal Rule of Interpretation

    The most important rule in contract interpretation. It means the intention of the parties should be understood.

    Signup and view all the flashcards

    Express Terms of a Contract

    The parties' actual words in a contract, showing their intended meaning.

    Signup and view all the flashcards

    Form of Contracts

    The legal form or structure of a contract.

    Signup and view all the flashcards

    Article 1356-1358

    Specifies the specific types of contracts that must be in writing.

    Signup and view all the flashcards

    Rescissible Contract

    A contract that is legally effective until a court sets it aside.

    Signup and view all the flashcards

    Annulment

    A contract where there was no meeting of the minds, meaning the parties did not understand or agree to the same thing.

    Signup and view all the flashcards

    Reformation

    A contract that exists, but the written document does not accurately reflect the true agreement of the parties due to a mistake.

    Signup and view all the flashcards

    Ward

    A person who is under the legal protection of a guardian, often a minor.

    Signup and view all the flashcards

    Void Contract

    An agreement that is invalid from the very beginning because it lacks essential elements or goes against the law.

    Signup and view all the flashcards

    Voidable Contract

    A contract that is legally valid but can be canceled by one party if certain legal conditions are met.

    Signup and view all the flashcards

    Vitiated Consent

    A contract where one party's consent was not given freely due to factors like mistake, fraud, or duress.

    Signup and view all the flashcards

    Valid Contract

    A contract that is legally binding and enforceable.

    Signup and view all the flashcards

    Rescission

    A remedy allowing a party to cancel a contract and restore the parties to their original positions.

    Signup and view all the flashcards

    Void and Inexistent Contract

    A contract that is completely invalid from the start due to a fundamental flaw or illegality.

    Signup and view all the flashcards

    Unenforceable Contract

    A contract that is valid but cannot be enforced in court due to a legal technicality, like lack of proper documentation.

    Signup and view all the flashcards

    Public Document

    A type of legal document that is recognized and authenticated by a notary public or other authorized official.

    Signup and view all the flashcards

    Form for Validity

    A form of legal document that is required by law for specific types of contracts or transactions.

    Signup and view all the flashcards

    Form for Enforceability

    A form of legal document required for a contract to be proven or enforced in court.

    Signup and view all the flashcards

    Form for Convenience

    A form of legal document that is considered a legal formality, not essential to make the contract valid or enforceable.

    Signup and view all the flashcards

    Contract

    An agreement reached between two or more parties to create a binding legal obligation, characterized by essential elements like consent, object, and cause.

    Signup and view all the flashcards

    Consent

    A meeting of the minds of the parties to create a mutual understanding of the purpose and consequences of the contract. It involves a clear offer and acceptance.

    Signup and view all the flashcards

    Object

    Specific subject matter of the contract, clearly defined and capable of being identified.

    Signup and view all the flashcards

    Cause

    The purpose or reason that motivates the parties to enter into the contract

    Signup and view all the flashcards

    Offer

    An offer made by one party to another for entering into a contract, containing all necessary terms and conditions.

    Signup and view all the flashcards

    Policitacion

    A statement that is not legally binding and does not constitute a complete offer for a contract.

    Signup and view all the flashcards

    Incapacity

    When a person lacks the legal capacity to enter into a contract due to factors like age, mental competency, or legal status.

    Signup and view all the flashcards

    Lucid Interval

    An act by a person capable of making a contract that happens when they are temporarily mentally sane.

    Signup and view all the flashcards

    Mistake

    Errors in judgment or understanding that can lead to a vitiated consent during contract formation.

    Signup and view all the flashcards

    Fraud

    A deliberate or deceptive act intended to mislead another party into agreeing to sign a contract, often involving misrepresentation or manipulation.

    Signup and view all the flashcards

    Intimidation

    One of the vices of consent, characterized by coercion or threats that influence a party's decision to agree to a contract.

    Signup and view all the flashcards

    Violence

    A vice of consent where a party's will is overcome by violence or physical harm, influencing them to agree to a contract.

    Signup and view all the flashcards

    Undue Influence

    A vice of consent where a party is under the undue influence of another, causing them to agree to a contract.

    Signup and view all the flashcards

    Mistake of Fact

    A mistake about a fact that is essential to the contract. If a party makes a mistake of fact, they may be able to void the contract.

    Signup and view all the flashcards

    Mistake of Law

    A mistake about the legal effects of a contract. This usually does not make a contract voidable.

    Signup and view all the flashcards

    Dolo Causante (Causal Fraud)

    A type of fraud that is serious and directly affects the other party's decision to enter into a contract. It makes the contract voidable.

    Signup and view all the flashcards

    Dolo Incidente (Incidental Fraud)

    A type of fraud that is not serious and does not directly affect the other party's decision to enter into a contract. It may lead to compensation but not voiding the contract.

    Signup and view all the flashcards

    Mutual Mistake of Law

    A circumstance where the parties agree to a contract but have a completely different understanding of what they are agreeing to. It can make the contract voidable.

    Signup and view all the flashcards

    Fraud (Dolo)

    A false representation of a fact to deceive someone into entering a contract. This usually makes the contract voidable.

    Signup and view all the flashcards

    Absolute Simulation of a Contract

    A contract that doesn't actually exist or has no real legal effect. It is considered void.

    Signup and view all the flashcards

    Relative Simulation of a Contract

    A contract where the parties agree to a different agreement than what they actually intend to have on paper. It may be valid if the parties are honest.

    Signup and view all the flashcards

    Ostensible Act of a Contract

    A contract that has a valid form, but the terms are not actually what the parties intended.

    Signup and view all the flashcards

    Hidden Act of a Contract

    The real agreement that parties make secretly, separate from their public contract.

    Signup and view all the flashcards

    Object of a Contract

    Anything that can be the object of a contract. It must be legal, determinate, possible, and within the commerce of man.

    Signup and view all the flashcards

    Future Inheritance

    An inheritance that is expected to be received in the future, after the death of a person.

    Signup and view all the flashcards

    Insolvency

    A situation where a debtor's liabilities exceed their assets, making them unable to pay their debts.

    Signup and view all the flashcards

    Mutual Restitution

    The act of restoring the benefits that each party received during the contract, like returning a product to the store.

    Signup and view all the flashcards

    Rescission: Extent of Remedy

    The legal concept that rescission should only be used to the extent needed to cover the damages caused by the contract.

    Signup and view all the flashcards

    Ratification

    The process of confirming or validating a contract that had a curable defect, making it legally binding.

    Signup and view all the flashcards

    Confirmation of Voidable Contract

    The act of making a voidable contract valid by confirming it despite knowing about the defect.

    Signup and view all the flashcards

    Effects of Ratification

    The legal consequence of ratification, which eliminates the right to annul the contract and makes it valid from the start.

    Signup and view all the flashcards

    Prescriptive Period for Annulment

    The time limit to file an action for annulment, usually within 4 years from the discovery of the defect.

    Signup and view all the flashcards

    Confirmation of Contract Defect

    Actions taken by the person who's entitled to annul a contract, confirming that they are aware of the defect and choose to accept it.

    Signup and view all the flashcards

    Entitled Party for Annulment

    The party who is entitled to annul a contract, usually the one who was harmed by the defect.

    Signup and view all the flashcards

    Disappearance of Defect

    The disappearance of the reason that made the contract voidable, allowing for the contract to be ratified.

    Signup and view all the flashcards

    Restitution after Annulment

    The act of restoring the parties to their original positions before the contract was made, usually done after the contract is annulled.

    Signup and view all the flashcards

    More Like This

    Contract Law Quiz
    11 questions

    Contract Law Quiz

    UpscaleZircon avatar
    UpscaleZircon
    Contract Law Basics and Validity
    74 questions
    Contract Law and Validity Principles
    10 questions
    Use Quizgecko on...
    Browser
    Browser