Contract Law: Voidable Contracts

Questions and Answers

Which of the following elements must be present for something to be the object of a contract?

It must be lawful and possible. (correct)

It must be intransmissible in nature.

It must be an item that is outside the commerce of men.

It must be uncertain in quantity.

What is the consequence of entering into a contract with an unlawful cause?

The contract is enforceable but can be contested in court.

The contract remains valid if both parties agree.

The contract produces no effect whatever. (correct)

The contract may be amended to include a lawful cause.

In onerous contracts, what is understood as the cause?

The mere promise of goodwill from one party to another.

The prestation or promise of a thing or service from each party. (correct)

The benefit received by one party without any exchange.

The intention behind entering the contract.

Which of the following statements about determining the quantity of an object in a contract is correct?

The quantity must be possible to determine without a new contract. Signup and view all the answers

Which type of contract is characterized by the mere liberality of the benefactor?

Contract of pure beneficence Signup and view all the answers

Which of the following statements accurately describes the concept of fraud in a contract?

Fraud occurs when one party uses insidious words or actions to deceive another into entering a contract. Signup and view all the answers

What is the primary factor that must be established for mistake to invalidate consent in a contract?

The mistake should concern the substance of the object of the contract or conditions influencing the decision. Signup and view all the answers

Which situation best exemplifies undue influence in a contractual agreement?

One party, aware of the other's financial distress, pressures them into a disadvantageous agreement. Signup and view all the answers

How is intimidation defined in the context of contractual consent?

Intimidation is forcing a party to consent by instilling fear of an imminent and serious harm. Signup and view all the answers

What condition allows a simple mistake of account to be corrected in a contractual agreement?

If the mistake does not affect the substance of the contract. Signup and view all the answers

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.

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.