Contract Law Quiz: Validity and Enforcement

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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Which type of contract can be rescinded for causing damages to a party?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.

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Cardinal Rule of Interpretation

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

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Express Terms of a Contract

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

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Form of Contracts

The legal form or structure of a contract.

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Article 1356-1358

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

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Rescissible Contract

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

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Annulment

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

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Reformation

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

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Ward

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

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Void Contract

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

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Voidable Contract

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

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Vitiated Consent

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

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Valid Contract

A contract that is legally binding and enforceable.

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Rescission

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

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Void and Inexistent Contract

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

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Unenforceable Contract

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

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Public Document

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

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Form for Validity

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

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Form for Enforceability

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

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Form for Convenience

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

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Contract

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

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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.

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Object

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

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Cause

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

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Offer

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

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Policitacion

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

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Incapacity

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

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Lucid Interval

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

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Mistake

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

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Fraud

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

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Intimidation

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

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Violence

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

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Undue Influence

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

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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.

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Mistake of Law

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

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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.

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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.

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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.

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Fraud (Dolo)

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

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Absolute Simulation of a Contract

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

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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.

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Ostensible Act of a Contract

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

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Hidden Act of a Contract

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

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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.

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Future Inheritance

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

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Insolvency

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

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Mutual Restitution

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

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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.

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Ratification

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

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Confirmation of Voidable Contract

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

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Effects of Ratification

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

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Prescriptive Period for Annulment

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

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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.

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Entitled Party for Annulment

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

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Disappearance of Defect

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

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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.

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