CHAPTER 2: ENGAGEMENT

Question 1

DEFINE ENGAGEMENT

Answer 1

Engagement is an agreement between two consenting adults to get married at some determined time

Question 2

ENGAGEMENT AS A LEGAL CONTRACT

Answer 2

engagement is a contract that serves as basis of personal rights

Question 3

VOID AGREEMENTS

Answer 3

void agreements are null & void, meaning there’s no existence of the agreement.

Question 4

MATERIAL MISTAKES

Answer 4

1. Error in persona-wrong person

2. Error in negotio-playful or one way agreement

Question 5

b) VOIDABLE AGREEMENTS

Answer 5

an agreement is voidable when one party creates wrong and false impression w/o knowledge of the innocent

Question 6

REASONS/ EXAMPLES TO RETRACT VOIDABLE AGREEMENTS

Answer 6

1. Other party is sterile
2. Suffers from disease
3. Mental illness
4. Drugs and alcohol addiction

Question 7

INNOCENT MISREPRESENTATION

Answer 7

occurs when a person unknowingly conveys false information and the innocent party wouldn’t engage had they known of the fact or circumstances.

Question 8

DURESS AND UNDUE INFLUENCE

Answer 8

when one party is forced into marriage and the other party has influence over the innocent.

Question 9

COMPETENCY/CAPACITY TO ACT

Answer 9

two parties must be of legal age, if not, the parents need to grant consent

Question 10

LAWFULNESS

Answer 10

both parties need to be unmarried or not yet divorced

Question 11

POSSIBILITY OF PERFORMANCE

Answer 11

both parties need to be able to marry in time, be of age, and be of opposite sex

Question 12

FUNCTIONS OF LAWFUL TERMINATION: NO CLAIM FOR DAMAGES

Answer 12

1. Death
2. Mutual agreement
3. Withdrawal of parental consent
4. Marriage conclusion
5. Unilateral lawful repudiation.

Question 13

WHEN IS IT UNLAWFUL TO REPUDIATE AN ENGAGEMENT

Answer 13

1. Denial of agreement
2. Unreasonable refusal\change of mind
3. Infidelity

Question 14

CLAIM FOR DAMAGES-CONTRACTUAL CLAIMS TAKE PLACE WHEN:

Answer 14

when the engagement has been repudiated without a just cause- meaning its unlawful.

Question 15

MEANING OF CLAIM FOR SATISFACTION: NON MONETARY (NON-PATRIMONIAL)

Answer 15

this is a claim for damage to mental pain and suffering/wounded feelings

Question 16

RECEPTION THEORY

Answer 16

there must be an offer and acceptance by both parties do agreement can be valid

Question 17

CONTRACT SUI GENERIS

Answer 17

engagement contract is one of its kind

Question 18

POSITIVE INTERESE

Answer 18

putting the wronged party in a financial or patrimonial that’s similar to one if they had been married

Question 19

ACTIO INIURIARUM

Answer 19

protection of dignity, reputation and physical integrity

Question 20

ENGAGEMENT GIFTS THAT SHOW SERIOUS INTENTION OF THE DONOR

Answer 20

these gifts are retained by the receiver if donor repudiates unlawfully
e.g one may keep the engagement ring

Question 21

GIFTS GIVEN IN ANTICIPATION OF THE MARRIAGE

Answer 21

these have lasting benefit and of permanent nature like a house, car and insurance

Question 22

SMALL GIFTS AS TOKEN OF APPRECIATION

Answer 22

these are gifts that do not usually matter and have no essence in them being returned.

Question 23

UNIVERSAL RELATIONSHIPS

Answer 23

when unmarried intimate partners share assets

Question 24

REQUIREMENTS FOR UNIVERSAL PARTNERSHIPS

Answer 24

both partners have to bring something of value into the relationship

the partnership business has to be carried on for joint benefits

the object of this partnership is to make profit

it can be verbal or oral, if oral then it will be TACIT