Contract Law: Voidable Contracts
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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?

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

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

    <p>Contract of pure beneficence</p> Signup and view all the answers

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

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

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

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

    Which situation best exemplifies undue influence in a contractual agreement?

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

    How is intimidation defined in the context of contractual consent?

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

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

    <p>If the mistake does not affect the substance of the contract.</p> 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.

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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.

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