Questions and Answers
What is the main requirement for contracts to be perfected?
Which type of contract requires a special form for its perfection?
Which of the following Cannot give consent to a contract?
In the context of vices of consent, what is 'Dolus' primarily concerned with?
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Which of the following describes 'intimidation' as a vice of consent?
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What does 'undue influence' refer to in the context of contracts?
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Which situation is categorized as 'simulation of contract'?
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Which of the following is a rule regarding the nullification of contracts with defective consent?
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Which of the following is not considered an essential element of a contract?
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What type of contract is perfected by mere consent?
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Which classification of contracts involves reciprocal obligations?
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In which type of contract does fulfillment depend on chance?
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What distinguishes a principal contract from an accessory contract?
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Which type of contract does not have a specific name or designation?
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What is the main characteristic of a gratuitous contract?
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Which principle ensures that contracts cannot be against public policy?
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Study Notes
Elements of a Contract
- A contract is a meeting of minds between two parties to provide a service or give something.
- Key elements essential for a contract's existence include:
- Consent from both parties
- A certain object, or subject matter
- A cause or consideration
- In some contracts, additional elements may be essential:
- Form
- Delivery
Types of Contract Elements
- Contracts may contain:
- Natural elements: Presumed to exist unless stated otherwise.
- Accidental elements: Specific stipulations negotiated by the parties involved.
Classification of Contracts
- Contracts can be classified by various criteria:
-
Perfection/Formation:
- Consensual: Perfected through mere consent.
- Real: Perfected upon delivery.
- Formal/Solemn: Requires special formalities for perfection.
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Parties Obligated:
- Unilateral: One party holds obligation.
- Bilateral: Both parties must fulfill obligations.
-
Cause:
- Onerous: Involves an exchange.
- Gratuitous: No consideration exchanged.
- Remuneratory: Compensation for past services.
-
Risk of Fulfillment:
- Commutative: Equivalent values exchanged.
- Aleatory: Dependent on chance (e.g., insurance contracts).
-
Importance:
- Principal: Can stand independently (e.g., sale).
- Accessory: Dependent on another contract (e.g., guarantee).
- Preparatory: Facilitates future contracts (e.g., agency).
-
Name:
- Nominative: Specifically named contracts (e.g., partnership).
- Innominative: No specific name (e.g., an informal agreement).
-
Subject Matter:
- Contracts may involve property, rights, or services.
-
Perfection/Formation:
Stages of a Contract
- Preparation/Conception: Initial steps taken to reach an agreement.
- Perfection/Birth: The moment when parties reach mutual consent.
Principles of Contracts
- Autonomy: Parties have the freedom to contract, provided it does not violate laws.
- Mutuality: Contracts create obligations for both parties involved.
- Relativity: Contracts affect only the immediate parties unless otherwise stated.
-
Consensuality: Contracts can be perfected through mutual consent, barring exceptions:
- Real contracts require delivery.
- Formal contracts need specific checks for perfection.
- Obligatoriness: Contracts impose binding obligations.
Innominate Contracts
- Includes clauses and stipulations that do not fall under typical categories.
Stipulation Por Autri
- A stipulation made for the benefit of a third party.
- Requires specific consent between the original parties and acknowledgement of the third party.
Requisites of Consent
- Requires a clear meeting of offer and acceptance on a definite object.
Constraints on Giving Consent
- Certain individuals cannot provide valid consent, rendering the contract voidable:
- Demented individuals may struggle to distinguish right from wrong.
- Individuals in a lucid interval can temporarily regain the capacity to contract.
Vices of Consent
- Defective consent can lead to a contract being voidable. Key vices include:
- Fraud/Do: Deceptive actions leading one party to enter a contract unwillingly.
- Violence: Serious coercive force preventing free consent.
- Intimidation: Coercion through fear of imminent harm without physical force.
- Undue Influence: Misuse of power to deprive someone of free choice in consent.
- Simulation of Contract: Deceiving others through fabricated agreements.
Note on Contract Validity
- Contracts with defective consent may be annulled, offering a legal remedy for the affected party.
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Description
This quiz explores the fundamental elements of a contract, including essential, natural, and accidental components. You will assess your understanding of the requirements necessary for a valid contract. Test your knowledge of consent, object certainty, consideration, and more.
