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Questions and Answers
What is the primary obligation of contracting parties once a contract is perfected?
What does the binding effect of a contract imply regarding the contracting parties?
Which limitation is imposed on the freedom to stipulate in contracts?
What is the status of a contract if one of the parties is incapable of giving consent?
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What does an employment contract that prohibits work with another company for five years exemplify?
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What principle is essential in determining the validity of contractual agreements?
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Which of the following is NOT considered a vice of consent that can make a contract voidable?
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What defines the cause or consideration in a contract?
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Which scenario might lead a court to intervene in the terms of a contract?
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What does 'freedom to stipulate' in contracts refer to?
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Which of the following is a requisite for a valid object in a contract?
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What happens to a contract if both parties are incapable of giving consent?
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How are contracts defined in terms of their enforceability by the courts?
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Which of the following objections would NOT fall under the definition of 'objects' in a contract?
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Which principle emphasizes that obligations arising from contracts have the force of law between parties?
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What is the legal implication if consent to a contract is obtained through violence?
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What defines the principle of mutuality of contracts?
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Which of the following scenarios would violate the principle of autonomy of contracts?
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What is a defining characteristic of a contract of adhesion?
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In what context can a contract of adhesion be deemed void?
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What guarantees the binding effect of a contract?
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How does the principle of privity of contract function?
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Which of the following is NOT true regarding the binding nature of contracts?
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Which of the following would invalidate a contract based on consideration?
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Study Notes
Binding Effect of a Contract
- Contracts bind both parties and neither can decide unilaterally whether or not to fulfill the agreement.
- Obligations arising from contracts are legally binding and parties must comply in good faith.
- Courts must enforce contracts between contracting parties.
Principle of Mutuality of Contracts
- The principle of mutuality emphasizes that a contract's validity or fulfillment should not rely solely on the will of one party. It outlines that both parties are equally bound by the terms of the agreement.
Freedom to Stipulate and its Limitations
- Parties have the freedom to decide whether or not to enter a contract and to agree upon terms.
- Parties cannot stipulate terms that violate the law, morals, good customs, public order, or public policy.
- Freedom to stipulate is known as the Autonomy of Contracts.
Contracts Contrary to the Principle of Autonomy of Contracts
- A contract to sell land covered by a homestead patent within the five-year prohibition period is contrary to law.
- A promise of marriage where carnal knowledge is the consideration is contrary to morals.
- A quitclaim by a hospital to stop paying a victim is contrary to morals and public policy.
- An employment contract preventing an employee from working with another company for five years after termination, without employer consent, is an unreasonable restraint on livelihood.
- A waiver of rights to transfer to another school in a scholarship grant can be contrary to public order and public policy.
Contract of Adhesion
- One party imposes a pre-written standard agreement on another, with minimal room for negotiation.
- A contract of adhesion is not necessarily invalid, however, it can be struck down if the party was unfairly pressured to agree to terms.
- The party who signed the agreement must have been deprived of the opportunity to bargain on equal footing.
Privity of Contract
- Contracts take effect only between the parties involved, their assigns, and heirs.
- The principle of Privity of Contract emphasizes that a deal's obligations are generally restricted to the parties who explicitly created it.
Requisites of a Valid Object
- A contract must be within the commerce of Man.
- The object of the contract must be real or possible.
- The object of the contract must be licit (legal).
Cause or Consideration Defined
- The immediate reason behind creating an obligation via the parties' will.
Basic Principles of Contracts
- Obligatory Force of a Contract: Contracts have the force of law between parties and should be complied with in good faith.
- Freedom to stipulate and its limitations: Parties can decide to enter into a contract or not, and agree on terms, but they cannot violate the law, morals, good customs, public order, or public policy.
- Binding effect of a contract: The contract must bind both parties and neither can decide unilaterally whether or not to fulfill the agreement.
- Privity of a Contract: Contracts take effect only between the parties involved, their assigns, and heirs.
- Consensuality of Contracts: Contracts are perfected by mere consent.
Vices of Consent
- If consent is obtained through violence, intimidation, mistake, fraud, or undue influence, the contract is voidable.
Object Defined
- A thing, right, or service that serves as the subject matter of the obligation stemming from the contract.
Rule When Incapable Parties Enter Into a Contract
- A contract is voidable if one party is incapable of giving consent.
- A contract is unenforceable if both parties are incapable of giving consent unless ratified.
Things Outside the Commerce of Men
- These are not valid objects of a contract.
Intransmissible Rights
- These are rights that cannot be transferred to another.
Future Inheritance
- A contract pertaining to a future inheritance is not valid unless specifically authorized by law.
Services Contrary to the Law, Morals, Good Customs, Public Order or Public Policy
- Contracts for such services are not valid.
Impossible Things or Services.
- Contracts pertaining to impossible things or services are not valid.
Objects Not Possible of Determination as to Their Kind
- Contract involving objects that are not clearly defined are not valid.
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Description
This quiz explores the binding effects of contracts, the principle of mutuality, and the limitations on the freedom to stipulate contract terms. Participants will test their understanding of legal obligations and the enforceability of contracts under different circumstances.