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JURIS MIDTERMS > CONTRACT > Flashcards

CONTRACT Flashcards

1
Q

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

A

CONTRACT

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2
Q

An obligation whereby an agreement entered unto upon
sufficient consideration to do or not to do a particular thing

A

CONTRACT

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3
Q

T/F

While all contracts are agreements, not all agreements are
contracts

A

T

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4
Q

T/F

Only those that give rise to civil obligation is called a
contract

A

T

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5
Q

Every transaction between a dentist and a patient is a
contract, either express or implied, or partly expressed and partly implied

A

LEGAL NATURE OF THE TRANSACTION

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6
Q

FORMS OF CONTRACT:

A
  1. Expressed Contract
  2. Implied Contract
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7
Q

Terms and conditions are made known to each part either in writing or verbal

A

Expressed Contract

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8
Q

 One or more terms or conditions are not definitely known but
are taken for granted by operation of law
 A concluded or inferred agreement from the overt acts or conduct of the parties which the law presumed or ascribed as the manifestation of intention of parties to enter into a
contract

A

Implied Contract

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9
Q

Every contract contains an ____

A

offer, acceptance, and consideration

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10
Q

12 common contract terms

A
  1. Acceptance
  2. Arbitration
  3. Boilerplate
  4. Breach
  5. Conditions
  6. Consideration
  7. Damages
  8. Entire Agreement
  9. Force Majeure
  10. Guaranty
  11. Recitals
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11
Q

when you accept an offer, it must be an unconditional and unequivocal acceptance to the exact terms of the offer; if not, it becomes a counteroffer

A

Acceptance

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12
Q

arbitration clauses set up provisions whereby
independent and binding arbitrators settle contractual disputes

A

Arbitration

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13
Q

 Standard contract clauses use universal language as a type of
template
 Usually found at the end of the contract

A

Boilerplate

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14
Q

Boilerplate clauses include

A

arbitration clauses, entire
agreement clauses, and force majeure clauses

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15
Q

when one part of the contract accuses the other party
of not following the terms of the contract

A

Breach

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16
Q

provisions of a contract that specify a particular occurrence

A

Conditions

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17
Q

something of value that is bargained for and
given in exchange for the promise contained in the offer

A

Consideration

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18
Q

something such as monetary compensation, that is
awarded for a breach of contract

A

Damages

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19
Q

a clause that protects the contracting parties by declaring that the contract represents the complete and final agreement between the parties

A

Entire Agreement

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20
Q

a clause in contracts that excuses a part from not performing their contractual obligations due to unforeseen
events beyond their control

A

Force Majeure

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21
Q

guaranty of loan is an agreement where one party
guarantees a second party’s loan obligation to a third party

A

Guaranty

22
Q

is a promise to carry out the terms of the proposed transaction, in exchange for the consideration

A

Offer

23
Q

introductory paragraphs of a contract that describe
the nature of the contract and why each party has elected to enter
into the agreement

A

Recitals

24
Q

3 ESSENTIAL REQUISITES OF CONTRACTS

A
  1. Consent
  2. Object or Subject Matter
  3. Cause or Consideration
25
Q

 First element
 Should be intelligently given with an exact idea of what it
refers to be free and spontaneous by the contracting parties

A

Consent

26
Q

indispensable element for the existence of consent

A

Legal capacity

27
Q

T/F

legal consent presuposses legal capacity

A

T

28
Q

consent given through the following renders the contract voidable

A

Visiation of Consent

29
Q

transgresses intelligence

A

Mistake

30
Q

transgresses freedom of consent

A

Violence/force

31
Q

transgresses freedom of consent

A

Intimidation

32
Q

transgresses reasonable freedom of choice

A

Undue influence

33
Q

transgresses spontaneousity

A

Fraud

34
Q

 The thing which is agreed upon receiving the consideration to
do or not to do
 Thing, right, or services which is the subject matter of the
obligation arising from the contract
 The aim of purpose of the contract

A

Object or Subject Matter

35
Q

It must not be contrary to law, morality, good customs,
public order, and public policy

A

Object or Subject Matter

36
Q

A promise or a performance bargained by a promisor in
exchange of that promise

A

Cause or Consideration

37
Q

the cause is the prestation or promise of a thing or service by the other i.e., dental treatments

A

onerous contracts

38
Q

the cause is the mere
liberality of the benefactor i.e., donation

A

contracts of pure beneficence

39
Q

Contracts are perfected by

A

mere consent

40
Q

All contracts in Civil Code are ____, and are perfected from the moment the parties agree as regards the definite subject matter and a fixed consideration

A

consensual

41
Q

Consent is manifested through ___

A

acceptance

42
Q

4 DOCTRINES APPLIED IN CONTRACTS

A
  1. do ut des
  2. Facio ut facias
  3. Facio ut des
  4. Do ut facias
43
Q

 “I give that you may give”;
 applied to a giving of money or goods under a promise of repayment in money or goods, and to loans of money, and contracts of sale

A

do ut des

44
Q

 “I perform so that you are to perform”;
 signifies an agreement to do work for another if the other will do work for him; or to do any other positive acts on both sides; or it maybe to forbear on o

A

Facio ut facias

45
Q

 “I do that you may give”;
 a valid and enforceable contract results from an implied consent where one party renders service to another and the latter accepts such service without proof that the same is given
gratuitously

A

Facio ut des

46
Q

 “I pay in order that you may perform”;
 when one agrees with the employee to give such wage based on performance

A

Do ut facias

47
Q

 Contracts that was validly or legally entered by two consenting/contracting parties
 One party would suffer much damages

A

RESCISSIBLE CONTRACTS

48
Q
  1. Those where one of the parties is incapable of giving consent to a contract i.e. minor aged contracting party
    a) Within 5 years of attaining majority age, you can file a void or annulment of contract
  2. Those where the consent is vitiated by mistake, violence, intimidation, undue influence, or fraud
A

Voidable contract

49
Q

These contracts are binding, unless they are annulled by a proper action in court; they are susceptible of ratification

A

Voidable contract

50
Q

 When contract is not in writing,
 There is no basis to enforce the contract obligations

A

UNENFORCEABLE CONTRACTS

51
Q

 Contracts that are null and void from the very beginning because of its impossibility
 These contracts cannot be ratified, neither can the right to set up the defense of illegality be waived

A

VOID CONTRACTS

JURIS MIDTERMS (7 decks)

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