Podcast
Questions and Answers
Can Mr. Ramos hold Mr. Aldeguer liable for damages?
Can Mr. Ramos hold Mr. Aldeguer liable for damages?
- Yes, because Mr. Aldeguer failed to fulfill his contractual obligation
- No, because Mr. Ramos did not provide any notice prior to the three days without delivery
- No, because there was no justifiable cause for the failure to deliver the wines (correct)
- Yes, because of the complaints from dining customers
What are the essential elements of a contract?
What are the essential elements of a contract?
- Consent, object certain, and cause of the obligation (correct)
- Location of signing, payment method, and duration of the contract
- Names of the parties involved, date of signing, and witnesses
- Price, quantity, and delivery terms
Which characteristics must a contract possess according to Cabulay & Carpio-Aldeguer (2015)?
Which characteristics must a contract possess according to Cabulay & Carpio-Aldeguer (2015)?
- Unilateral decision-making power
- Mutuality of Contracts (correct)
- Flexibility of performance terms
- Sole discretion of one party in determining validity
When are contracts of adhesion considered void?
When are contracts of adhesion considered void?
In what situation will the Supreme Court strike down a contract as void?
In what situation will the Supreme Court strike down a contract as void?
What is the primary distinguishing feature of a contract of adhesion?
What is the primary distinguishing feature of a contract of adhesion?
Why are contracts of adhesion not considered invalid per se?
Why are contracts of adhesion not considered invalid per se?
What happens when a weaker party in a contract is reduced to the alternative of taking it or leaving it?
What happens when a weaker party in a contract is reduced to the alternative of taking it or leaving it?
What makes a contract valid according to the provided text?
What makes a contract valid according to the provided text?
Which of the following best describes an obligation under the law?
Which of the following best describes an obligation under the law?
What type of obligation requires the debtor to refrain from performing certain acts?
What type of obligation requires the debtor to refrain from performing certain acts?
Under an obligation to do, which of the following would the debtor be required to perform?
Under an obligation to do, which of the following would the debtor be required to perform?
What is the primary consequence if a debtor fails to comply with an obligation?
What is the primary consequence if a debtor fails to comply with an obligation?
In an obligation to give, what is the debtor required to deliver to the creditor?
In an obligation to give, what is the debtor required to deliver to the creditor?
Which of the following would be considered an obligation to do under the law?
Which of the following would be considered an obligation to do under the law?
What is the first stage in the formation of a contract?
What is the first stage in the formation of a contract?
Which type of contract is an exception to the principle of consensuality?
Which type of contract is an exception to the principle of consensuality?
What is the essential basis for a valid contract?
What is the essential basis for a valid contract?
Which of the following is NOT an essential element of a contract?
Which of the following is NOT an essential element of a contract?
What is the primary characteristic of a rescissible contract?
What is the primary characteristic of a rescissible contract?
What principle states that contracts are binding only on the parties involved and their successors-in-interest?
What principle states that contracts are binding only on the parties involved and their successors-in-interest?
What is the primary characteristic of a contract of adhesion?
What is the primary characteristic of a contract of adhesion?
What is the stage where the purpose of the contract is fulfilled?
What is the stage where the purpose of the contract is fulfilled?
Which of the following statements about contracts of adhesion is TRUE?
Which of the following statements about contracts of adhesion is TRUE?
When may the Supreme Court strike down a contract of adhesion as void?
When may the Supreme Court strike down a contract of adhesion as void?
Which principle states that contracts must not be contrary to law, morals, good customs, public order, and public policy?
Which principle states that contracts must not be contrary to law, morals, good customs, public order, and public policy?
Which of the following is a characteristic of a contract according to Cabulay & Carpio-Aldeguer (2015)?
Which of the following is a characteristic of a contract according to Cabulay & Carpio-Aldeguer (2015)?
Which of the following is NOT a source of obligation according to Article 1157?
Which of the following is NOT a source of obligation according to Article 1157?
What is the primary characteristic of a quasi-contract?
What is the primary characteristic of a quasi-contract?
Which of the following is an example of a quasi-contract?
Which of the following is an example of a quasi-contract?
What is the obligation in the case of negotiorum gestio, a type of quasi-contract?
What is the obligation in the case of negotiorum gestio, a type of quasi-contract?
Which of the following is an example of an obligation arising from a contract?
Which of the following is an example of an obligation arising from a contract?
Which of the following is an example of an obligation arising from law?
Which of the following is an example of an obligation arising from law?
What is the primary way an obligation can be extinguished?
What is the primary way an obligation can be extinguished?
What is the legal term used to describe an event that exempts an obligor from liability?
What is the legal term used to describe an event that exempts an obligor from liability?
What are the two general causes of fortuitous events?
What are the two general causes of fortuitous events?
What is the legal definition of 'loss' as explained in the text?
What is the legal definition of 'loss' as explained in the text?
What is the key difference between a fortuitous event and an act of negligence?
What is the key difference between a fortuitous event and an act of negligence?
How does the text describe the wedding coordinator's liability in the event of a tornado crashing a wedding?
How does the text describe the wedding coordinator's liability in the event of a tornado crashing a wedding?
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Study Notes
Contracts and 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.
- The essential elements of a contract are consent, object certain, and cause of the obligation.
Characteristics of a Contract
- Mutuality of Contracts: Its validity and performance cannot be left to the will of only one of the parties.
- Autonomy of Contracts: The parties are free to stipulate terms and provisions in a contract, as long as these are not contrary to law, morals, good customs, public order, and public policy.
- Relativity of Contracts: Contracts are binding only upon the parties and their successors-in-interest.
- Consensuality of Contracts: Contracts are perfected by mere consent, and no form is prescribed by law for their validity.
- Obligatory Force of Contracts: By the obligatory force of contracts, it constitutes the law as between the parties who are compelled to perform under the threat of being sued in the courts of law.
Stages of a Contract
- Generation: The preliminary stage or process for the formation of the contract. It includes the bargaining of the subject of obligation and the consideration or cause.
- Perfection: The birth of the contract.
- Consummation: The fulfillment of the purpose for which the contract was constituted.
Defective Contracts
- Rescissible Contract: A contract that may be rescinded through a proper action for rescission.
- Examples of rescissible contracts include:
- Those entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof.
- Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number.
- Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them.
- Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority.
Obligations
- An obligation is a juridical necessity to give, to do, or not to do.
- There are three kinds of obligations under the law: obligation to give, to do, or not to do.
- Sources of an obligation include law, contracts, quasi-contracts, delicts or acts or omissions punishable by law, and quasi-delicts.
Extinguishing Obligations
- An obligation may be extinguished upon payment or fulfillment of the obligation.
- An obligation arising from a contract may also be extinguished upon the loss of the thing due, provided there is no fault or negligence on the part of the obligor.
- A fortuitous event, also known as force majeure, is a term that exempts an obligor from liability.
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