Chapter 1

Question 1

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.

Answer 1

Article 1305

Question 2

(When is a contract perfected?)
Contracts are perfected by mere consent.

Answer 2

Article 1315

Question 3

Essential Requisites of Contracts
There is no contract unless CONSENT, SUBJECT MATTER, & CAUSE OF THE OBLIGATION occur.

Answer 3

Article 1318

Question 4

(Can the obligations be inherited?)
Contracts take effect only between the parties, their assigns and heirs.

Answer 4

Article 1311

Question 5

(CONSENT)
Consent if manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract.

Answer 5

Article 1319

Question 6

Acceptance made by the letter or telegram does not bind the offer except from the time it cameto his knowledge. An acceptance may be express or implied.

Answer 6

Article 1320

Question 7

An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency, of either party before acceptance is conveyed.

Answer 7

Article 1323

Question 8

A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.

Answer 8

Article 1330

Question 9

In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to tgose conditions which have principally moved on or both parties to enter into the contract.

Answer 9

Article 1331

Question 10

When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the former.

Answer 10

Article 1332

Question 11

A consent is voidable when:
There is violence when in order ro wrest consent, serious or irresistible force is employed.

Answer 11

Article 1335

Question 12

An obligation should be annulled when:
Violence or intimidation shall anull the obligation, although it may have been employed by a 3rd person who did not take part in the contract.

Answer 12

Article 1336

Question 13

There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice.

Answer 13

Article 1337

Question 14

When a contract is laced with FRAUD:
There is fraud when, through insidious words of machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to.

Answer 14

Article 1338

Question 15

There is FRAUD when:
Failure to disclose facts, when there is a duty to reveal them.

Answer 15

Article 1339

Question 16

There is FRAUD when:
The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent.

Answer 16

Article 1340

Question 17

There is FRAUD when:
A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former’s special knowledge.

Answer 17

Article 1341

Question 18

There is FRAUD when:
Misinterpretation by a 3rd person does not vitiate consent, unless such misinterpretation has created substantial mistake and the same is mutual.

Answer 18

Article 1342

Question 19

There’s FRAUD when:
Misinterpretation made in good faith is not fraudulent but may constitute error.

Answer 19

Article 1343

Question 20

There’s FRAUD when:
In order that fraud may take a contract voidable, it should be serious and should not have been employed by both contracting parties.

Answer 20

Article 1344

Question 21

There’ss FRAUD when:
Simulation of a contract may be absolute or relative.

Answer 21

Article 1345

Question 22

There’s FRAUD when:
An absolutely simulated or fictitious contract is void.

Answer 22

Article 1346