Questions and Answers
Which of the following elements must be present for something to be the object of a contract?
What is the consequence of entering into a contract with an unlawful cause?
In onerous contracts, what is understood as the cause?
Which of the following statements about determining the quantity of an object in a contract is correct?
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Which type of contract is characterized by the mere liberality of the benefactor?
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Which of the following statements accurately describes the concept of fraud in a contract?
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What is the primary factor that must be established for mistake to invalidate consent in a contract?
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Which situation best exemplifies undue influence in a contractual agreement?
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How is intimidation defined in the context of contractual consent?
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What condition allows a simple mistake of account to be corrected in a contractual agreement?
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Study Notes
Voidable Contracts
- Contracts can be voidable when consent is obtained through mistake, violence, intimidation, undue influence, or fraud.
Mistake
- A mistake invalidates consent if it pertains to the substance or significant conditions influencing the contract.
- Error regarding identity or qualifications of parties vitiates consent only if it's the primary factor for entering the contract.
- Simple mistakes in accounts can be corrected without nullifying the contract.
Violence and Intimidation
- Violence occurs when serious or irresistible force is used to obtain consent.
- Intimidation involves compelling consent through reasonable fear of imminent grave harm to oneself or relatives.
- The assessment of intimidation considers the age, sex, and condition of the coerced party.
- Legal threats do not negate consent if the claim is valid.
- Violence or intimidation can annul obligations even if perpetrated by a third party.
Undue Influence
- Undue influence arises when one party exploits their power over another, limiting their freedom of choice.
- Key factors include relationships (confidential, familial, spiritual) and the influenced party's mental or financial state.
Fraud
- Fraud involves deceitful tactics inducing one party to enter into a contract which they otherwise would not.
Objects of Contracts
- Valid contract objects include:
- Things not excluded from commerce
- Transferable rights
- Lawful services
- Contracts regarding future inheritances are only valid if legally sanctioned.
- Impossible objects or services cannot form part of a contract.
- Contract objects must be identifiable by kind, and vague quantities are permissible if determinable without renegotiation.
Types of Contracts
- Onerous contracts focus on reciprocal prestations or promises.
- Remuneratory contracts involve benefits served or rewarded.
- Contracts of pure beneficence rely purely on the generosity of the benefactor.
Causes in Contracts
- The cause of a contract must be lawful and moral; otherwise, it lacks validity.
- False cause statements can void contracts unless another lawful cause is proven.
- Absence of a stated cause is presumed lawful unless disproved by the debtor.
- Contracts are not invalidated by minor inadequacies in cause, barring exceptions set by law.
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Description
Explore the intricacies of voidable contracts in this quiz. Discover how factors like mistake, violence, intimidation, undue influence, and fraud affect consent within a contract. Test your understanding of these critical legal concepts.