Contract Classification PDF

Contract Classification Reciprocal Contract - contract in which parties reciprocally commit towards one another. each party is a debtor and a creditor. Unilateral Contract - contract generating an obligation at the expense of only one party. - 강아지 전단지 Aleatory Contract - contract in which part...

Contract Classification Reciprocal Contract - contract in which parties reciprocally commit towards one another. each party is a debtor and a creditor. Unilateral Contract - contract generating an obligation at the expense of only one party. - 강아지 전단지 Aleatory Contract - contract in which parties agree to make its realization depend on an uncertain event. - insurance/assurance Contract for Pecuniary Interest - contract in which all parties receive from each other an advantage in the counterpart of one it creates. - 모든 당사자가 서로에게 어떤 대가를 주고 받으면서 서로에게 이익을 주는 계약입니다. Gratuitous Contract: - contract in which one of the parties deliberately procures an advantage over another by generosity or selflessness without obtaining anything in return. Formation and Validity Conditions Offer - An offer is a clear, definitive proposal made by one party (the offeror) to another (the offeree) to enter into a contract. Characteristics of a Definitive Offer: Final and Precise: the offer must clearly state its terms and conditions, leaving no ambiguity regarding the offeror’s intentions - 명확한 의도를 나타내야 됨, 제안은 최종적이어야 하며 (변경 불가) 정확해야 됨 Irrevocability: once the offer reaches the offeree, it cannot be revoked 무효 if it specifies a period for acceptance or if it is an offer without a delay but considered to have reached the offeree - 제안은 수신인에게 도달한 후에는 철회할 수 없습니다 Revocation: if there’s no specified delay, the offer can be revoked 무효화, but only before acceptance and after a reasonable period has passed. - 제안은 기한이 있거나 없을 수 있습니다. 기한이 없는 경우, 합리적으로 충분한 시간이 지난 후에 철회할 수 있습니다 Approval (Acceptance) - approval, or acceptance, is the clear, unequivocal 헷갈리지 않은 consent by the offeree to the terms of the offer, thereby creating a binding contract. Characteristics of Acceptance Unequivocal: acceptance must be clear and without any conditions that alter the terms of the original offer. if the acceptance modifies the offer, it is considered a counter-offer, not an acceptance. Express or Tacit: acceptance can be explicit (express) through verbal or written agreement, or implied (tacit) through actions that clearly indicate acceptance. Exceptions to Silence: generally silence is not considered acceptance except: - Renewal of a subscription: where silence might be deemed acceptance of renewal under the same terms - Habits of Business trade: in ongoing business relationships, silence can sometimes be interpreted based on past dealings - Offer to the Sole Profit of its Recipient: if the offer benefits the offeree without requiring any reciprocal action, silence might be considered acceptance Consent Essential Requirement: Consent must be freely and knowingly given. If consent is not genuince, the contract is null (void). Free and Knowingly Given: Consent is considered valid only if it is given without any form of coercion, deception, or significant misunderstanding. Defects in Consent Impact on Contract Validity: A contract is considered defective, and thus potentially void, if it would not have been entered into, or would have been agreed to under substantially different terms, without the defect. Types of Defects: Mistake: misunderstanding or incorrect belief about the facts or the law relevant to the contract. - Substantial Mistake: a significant error about the main characteristics or terms of the contract - Mistake on Identity: confusion about the identity of a party in contracts where personal identity is crucial Fraud: intentional deception by one party to induce another to enter into a contract. - Elements of Fraud: requires both a material component (the act of deception) and an intentional component (the desire to deceive). - Fraud also comes from a conniving third party or representative - 계약 당사자 중 한 명과 공모하거나 그의 이익을 위해 의도적으로 사기 행위를 하는 제3자나 대리인 - 계략의 다른 당사자를 속이기 위해 거짓 정보를 제공하거나 중요한 사실을 숨길 수 있음 - 계약 당사자들의 직접적인 행위로만 발생하는 것이 아니라, 그들과 연결된 다른 인물들에 의해서도 발생하고 이 경우도 계약 무효화 사유가 될 수 있음 Duress 협박: Coercion or pressure on a party to force them into the contract. - Types of Duress: can be physical, psychological, financial, or a combination, making the consent under duree invalid. Nullification 무효화/취소/원래 상태로 되돌리거나 없는 것처럼 - Consequence of Defects: contracts with defects in consent, such as mistake, fraud, or duress, can be nullified, meaning they are treated as if they never existed. Burden of Proof - Responsibility: the party alleging 주장 the defect (mistake, fraud, or duress) typically bears the burden of proving it to challenge the contract’s validity.