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Questions and Answers
What is a requirement for a contract to be valid?
What is a requirement for a contract to be valid?
What is the consequence of a contract being void?
What is the consequence of a contract being void?
What must be observed by parties in a contract to prevent unfair advantage?
What must be observed by parties in a contract to prevent unfair advantage?
What is required for a contract to take effect if it requires government approval?
What is required for a contract to take effect if it requires government approval?
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What is the primary governing force behind obligations arising from contracts?
What is the primary governing force behind obligations arising from contracts?
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What is the importance of good faith in contract performance?
What is the importance of good faith in contract performance?
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What is the necessary condition for contracts to have the force of law between parties?
What is the necessary condition for contracts to have the force of law between parties?
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What is the result of a contract being contrary to law, morals, good customs, public order, or public policy?
What is the result of a contract being contrary to law, morals, good customs, public order, or public policy?
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What is the relationship between the party who holds the legal estate and the party who pays the price in an implied trust?
What is the relationship between the party who holds the legal estate and the party who pays the price in an implied trust?
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What is a contract in the context of contractual obligations?
What is a contract in the context of contractual obligations?
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What happens when one party reneges from a valid contract without the consent of the other?
What happens when one party reneges from a valid contract without the consent of the other?
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What is the essential characteristic of a binding and valid agreement?
What is the essential characteristic of a binding and valid agreement?
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What is the consequence of a party evading their legitimate obligations after receiving benefits under a contract?
What is the consequence of a party evading their legitimate obligations after receiving benefits under a contract?
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What is the principle recognized by our law on contracts regarding contractual breach?
What is the principle recognized by our law on contracts regarding contractual breach?
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What is the discretion of the court regarding breach of contract damages?
What is the discretion of the court regarding breach of contract damages?
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What is the effect of a party's failure to demand performance of the obligation of the other for an unreasonable length of time?
What is the effect of a party's failure to demand performance of the obligation of the other for an unreasonable length of time?
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What is the consequence of a party's failure to respond to a demand letter in the absence of other circumstances?
What is the consequence of a party's failure to respond to a demand letter in the absence of other circumstances?
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What is the principle that aims to protect the interest of the promisee in a contract?
What is the principle that aims to protect the interest of the promisee in a contract?
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Study Notes
Validity of a Contract
- A contract is valid if it is not contrary to law, morals, good customs, public order, and public policy.
- If a contract is contrary to law, morals, good customs, public order, or public policy, it is invalid or void.
Effect of Void Contract
- A void contract does not exist in the eyes of the law.
- No obligations arise from a void contract.
Government Approval
- Where a contract requires government approval, it becomes the law between the contracting parties only when approved.
- The validity of the contract must be sustained if there is nothing in it contrary to law, etc.
Compliance in Good Faith
- Compliance in good faith means performance in accordance with the stipulations or terms of the contract or agreement.
- Good faith and fair dealing must be observed to prevent one party from taking unfair advantage over the other.
Contractual Obligations
- A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
- Obligations arising from contracts are governed primarily by the agreement of the contracting parties.
Binding Force of Contracts
- Valid contracts have the force of law between the parties who are bound to comply therewith in good faith.
- Neither party may, without the consent of the other, renege from the contract.
Implied Trust
- An implied trust arises when property is sold, and the legal estate is granted to one party, but the price is paid by another.
- The former is the trustee, while the latter is the beneficiary.
Liability for Breach of Contract
- A party cannot breach a contract with impunity.
- Actionable injury inheres in every contractual breach.
- Interest may be allowed upon damages awarded for breach of contract upon equitable grounds.
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Description
Test your knowledge on the validity of contracts and the circumstances that make them void. Learn about the essential elements of a contract and the consequences of entering into an invalid agreement. Assess your understanding of contracts that go against the law, morals, and public policy.