CE LAW (1st Quiz) Contracts and Obligation

Question 1

a juridical necessity to give, to do or not to do

Answer 1

Obligation

Question 2

derived from the Latin word _____, which means to bind through giving , doing or not doing something.

Answer 2

“ OBLIGARE “

Question 3

because the rights and duties emanating from the obligation may be enforced by the courts of law which may order their performance if refused or neglected.

Answer 3

A juridical necessity

Question 4

The obligation to give is in essence a real obligation because a physical thing is involved, the delivery of the same extinguishes the obligation.

Answer 4

“ to give , to do or not to do “

Question 5

is the moral or legal duty that requires an individual to perform , as well as potential penalties to perform. An obligation is a duty to do what is imposed by contract, promise or law.

Answer 5

Obligation

Question 6

The prestation to do or not to do are _______, , like to draw a plan of a house ( positive one ) or not to draw a plan ( a negative one).

Answer 6

personal obligations

Question 7

An obligation is nothing more than the duty of a person

Answer 7

Obligor

Question 8

satisfy a specific demandable claim of another person, which, if breached is enforceable in court

Answer 8

obligee

Question 9

obligation has four (4) essential requisites namely

Answer 9

1. Juridical Tie or Vinculum
2. Prestation
3. Active Subject
4. Passive Subject

Question 10

is the link that bind the parties

Answer 10

Juridical Tie or Vinculum

Question 11

which is the giving, doing, or not doing of something

Answer 11

Prestation

Question 12

which is the person who holds the right to demand the prestation

Answer 12

Active Subject

Question 13

which is the person against whom the prestation maybe demanded

Answer 13

Passive Subject

Question 14

Article 1157 of the Civil Code enumerates the sources of OBLIGATIONS namely;

Answer 14

a) Obligations arising from LAW
b) Obligations arising from CONTRACTS
c) Obligations arising from QUASI-CONTRACTS
d) ACTS OF OMISSIONS PUNISHABLE BY LAW
e) QUASI-DELICTS

Question 15

This kind of Obligation is dictated by Law like the obligation of husband and wife to live with each other, observe mutual respect and fidelity and render mutual support.

Answer 15

Obligation arising from LAW

Question 16

A contract is the meeting of minds between two persons , whereby one binds himself with respect to the other to give something or render some services.

Answer 16

Obligation arising from CONTRACTS

Question 17

When duly entered into, the obligation from Contract have the full force of the law between the parties, hence should be complied with __________

Answer 17

in good faith.

Question 18

is a legally binding agreement between two or more parties. Once signed, this contractual agreement creates a promise that certain rights and obligations will be fulfilled by each party.

Answer 18

contract

Question 19

__________ is at the heart of every contract.

Answer 19

a promise

Question 20

promise or arrangement between two or more parties to do , or not to do, something, Its usually informal and sometimes unwritten( but not always ).

Answer 20

An agreement

Question 21

Agreements like these are based on _____
aren’t legally enforceable in court or with arbitration – so if one party doesn’t do what they’ve said they will ( for example if the contractor or volunteer don’t turn up), the other party likely can’t seek a remedy or enforcement through the courts.

Answer 21

TRUST

Question 22

Law defines a contract as

Answer 22

“meeting of the minds between two persons whereby one binds himself with respect to the other, to give something, or to render some service”

Question 23

Every contract passes through three(3) distinct stages:

Answer 23

a) Preparation or conception,
b) Perfection or birth
c) Consumation or termination.

Question 24

starts from the inception and negotiation that may lead to the parties coming to the terms of the contract

Answer 24

Preparation Stage

Question 25

marks the time the parties agree upon the object or subject matter and may cause or consideration of the contract.

Answer 25

Second stage ; Perfection or birth

Question 26

simply the implementation of the terms of the contract and simultaneous documentation in formal ones.

Answer 26

Consumation or termination.

Question 27

There is no Contract unless the following elements are present ,namely ;

Answer 27

1. ) Consent of the Contracting parties
   2) Object Certain which is the subject matter of the Contract.
   3) Cause of Obligation which is established

Question 28

is the conformity of wills of the contracting parties upon the object and cause as well as the other terms and conditions of the contract.

Answer 28

Consent of the contracting parties

Question 29

which is the subject matter of the contract All things which are within the commerce of man…

Answer 29

Object Certain

Question 30

which is established

Answer 30

Cause of the Obligation

Question 31

Is one that was entered into legally by the contracting parties but has resulted in economic damage to one of the parties or an outside party.

Answer 31

RESCISSIBLE CONTRACTS

Question 32

capable of being rescinded

Answer 32

Rescissible ( adjective)

Question 33

cancellation of a contract ; terminated

Answer 33

Rescinded

Question 34

Obligation is the moral or legal duty that
requires an individual to perform , as well as
potential penalties to perform. An obligation
is a duty to do what is imposed by contract,
promise or law. In the most general sense a
_____ is a synonym of OBLIGATION…

Answer 34

duty

Question 35

Article_____of the Civil Code enumerates the sources
of OBLIGATIONS namely;
a) Obligations arising from LAW
b) Obligations arising from CONTRACTS
c) Obligations arising from QUASI-CONTRACTS
d) ACTS OF OMISSIONS PUNISHABLE BY LAW
e) QUASI-DELICTS

Answer 35

Article 1157

Question 36

A contract
is the meeting of minds between two
persons , whereby one binds himself with respect
to the other to ____________

Answer 36

give something or render some
services

Question 37

In essence, a _________
is at the heart of every
contract.

Answer 37

promise

Question 38

An _________is a promise or arrangement
between two or more parties to do , or not to do,
something, Its usually ____________________

Answer 38

Agreement, informal and sometimes unwritten