Principle of Unjust Enrichment and Risk of Fulfillment Quiz

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_________ – where there is an interchange of equivalent valuable consideration.

Onerous

Gratuitous or lucrative – this is free, thus one party receives no equivalent prestation except a feeling that one has been generous or liberal; Remunerative – one where one prestation is given for a benefit or service that had been rendered previously. According to importance or dependence of one upon another: Principal – the contract may stand alone by itself _________.

by itself

Accessory – this depends for its existence upon another contract. Preparatory – here, the parties do not consider the contract as an end _________, but as a means through which future transaction or contracts may be made.

by itself

Unilateral – where only one of the party has an obligation. Bilateral – both parties are required to render reciprocal prestations. According to their name or designation: Nominate – here the contract is given a particular or special _________.

name

_________ – where only one of the party has an obligation.

Unilateral

Bilateral – both parties are required to render reciprocal prestations. According to their name or designation: Nominate – here the contract is given a particular or special _________.

name

In a ______ obligation, each debtor is liable only for a proportionate part of the debt and each creditor is entitled to demand only a proportionate part of the credit.

joint

An obligation wherein several prestations are due but the performance of one is sufficient to extinguish the same is known as __________ obligation.

alternative

Conditional obligations are obligations whose effectivity depends upon the fulfillment or non-fulfillment of a future and uncertain __________ or event.

fact

A __________ event is an event, which cannot be foreseen, or which though foreseen, is inevitable.

fortuitous

A condition that depends upon the sole will of one of the contracting parties is known as a __________ condition.

potestative

Quasi contracts are obligations created by the law in the absence of an agreement between the parties, usually to prevent __________.

unjust enrichment

According to the risk of fulfillment, Commutative – here, the parties contemplate a real fulfillment; therefore, equivalent values are given. Aleatory – here the fulfillment is dependent upon ______; thus the value vary because of the risk or chance.

chance

Preparation ( Conception or Generacion) – here the parties are progressing with their negotiations; they have not yet arrived at any definite agreement, although there may have been a preliminary offer and bargaining. Perfection (Birth) – here the parties have at long last came to a definite agreement. Cosummation (death or termination) – here the terms of the contract are performed, and the contract may be said to have been fully executed. (execution or performance) Basic Principles or Characteristics of a Contract Freedom (or Liberty) to Stipulate – provided it is not contrary to law, morals, good customs, public order, or public policy. Mutuality of Contracts – Both parties are mutually bound. Relativity of Contracts – Generally, contracts are binding only between the parties, their assigns, and ______.

heirs

Du ut des (I give that you may give) Du ut facias (I give that you may do) Facio ut des (I do that you may give) Facio ut facias (I do that you may do) According to the risk of fulfillment: Commutative – here, the parties contemplate a real fulfillment; therefore, equivalent values are given. Aleatory – here the fulfillment is dependent upon ______; thus the value vary because of the risk or chance. Stages of a Contract Preparation ( Conception or Generacion) – here the parties are progressing with their negotiations; they have not yet arrived at any definite agreement, although there may have been a preliminary offer and bargaining. Perfection (Birth) – here the parties have at long last came to a definite agreement. Cosummation (death or termination) – here the terms of the contract are performed, and the contract may be said to have been fully executed. (execution or performance) Basic Principles or Characteristics of a Contract Freedom (or Liberty) to Stipulate – provided it is not contrary to law, morals, good customs, public order, or public policy. Mutuality of Contracts – Both parties are mutually bound. Relativity of Contracts – Generally, contracts are binding only between the parties, their assigns, and heirs.

joint obligation

According to the risk of fulfillment: Commutative – here, the parties contemplate a real fulfillment; therefore, equivalent values are given. Aleatory – here the fulfillment is dependent upon ______; thus the value vary because of the risk or chance.

chance

Preparation ( Conception or Generacion) – here the parties are progressing with their negotiations; they have not yet arrived at any definite agreement, although there may have been a preliminary offer and bargaining. Perfection (Birth) – here the parties have at long last came to a definite agreement. Cosummation (death or termination) – here the terms of the contract are performed, and the contract may be said to have been fully executed. (execution or performance) Basic Principles or Characteristics of a Contract Freedom (or Liberty) to Stipulate – provided it is not contrary to law, morals, good customs, public order, or public policy. Mutuality of Contracts – Both parties are mutually bound. Relativity of Contracts – Generally, contracts are binding only between the parties, their assigns, and ______.

heirs

Du ut des (I give that you may give) Du ut facias (I give that you may do) Facio ut des (I do that you may give) Facio ut facias (I do that you may do) According to the risk of fulfillment: Commutative – here, the parties contemplate a real fulfillment; therefore, equivalent values are given. Aleatory – here the fulfillment is dependent upon ______; thus the value vary because of the risk or chance. Stages of a Contract Preparation ( Conception or Generacion) – here the parties are progressing with their negotiations; they have not yet arrived at any definite agreement, although there may have been a preliminary offer and bargaining. Perfection (Birth) – here the parties have at long last came to a definite agreement. Cosummation (death or termination) – here the terms of the contract are performed, and the contract may be said to have been fully executed. (execution or performance) Basic Principles or Characteristics of a Contract Freedom (or Liberty) to Stipulate – provided it is not contrary to law, morals, good customs, public order, or public policy. Mutuality of Contracts – Both parties are mutually bound. Relativity of Contracts – Generally, contracts are binding only between the parties, their assigns, and heirs.

conditional obligations

Test your knowledge on the principle that no one shall unjustly enrich themselves at the expense of another, as well as the concept of risk of fulfillment in transactions. Explore scenarios such as Du ut des, Du ut facias, Facio ut des, and Facio ut facias.

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