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Oblicon > Contracts > Flashcards

Contracts Flashcards

1
Q

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

A

Contracts. See Art 1305.

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2
Q

T/F. Contracts need at least two parties.

A

True. EXCEPT auto-contracts

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3
Q

Two differences between contracts and obligations

A
  1. Contract is merely a source of obligation
  2. There is no contract if there is no obligation
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4
Q

Three classifications of contracts according to perfection

A
  1. Consensual, perfected by mere consent.
  2. Real, perfected upon delivery of the thing.
  3. Formal, perfected by the execution of a certain legal form
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5
Q

Three classifications of contracts according to cause

A
  1. Onerous, received an equivalent
  2. Gratuitous, one party does not receive an equivalent
  3. Remuneratory, cause is service or benefit
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6
Q

Three classifications of contracts according to importance

A
  1. Principal contract, can stand on its own
  2. Accessory contract, cannot stand on its one
  3. Preparatory contract, anticipating another contract
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7
Q

Two classifications of contracts according to their name or designation

A
  1. Nominate contract, those provided for by law
  2. Innominate contract, those with no particular names
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8
Q

Two classifications of contracts according to risk fulfillment

A
  1. Commutative, both parties have to perform an obligation at the same time
  2. Aleatory contract, obligated when a specific even has transpired
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9
Q

Two classifications of contracts according to the time of performance

A
  1. Executed, needs to perform an obligation
  2. Executoru, subject to execution
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10
Q

Three classifications of contracts according to subject matter

A
  1. Things
  2. Rights or credit
  3. Services
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11
Q

Two classifications of contracts according to obligations imposed

A
  1. Ordinary, a contract entered between two parties is the law granted it is in accordance with law, public ordinance, etc.
  2. Institutional, imbued with the interests of the State.
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12
Q

Two classifications of contracts according to evidence required as proof

A
  1. Those requiring mere oral evidence
  2. Those requiring written proof
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13
Q

Two classifications of contracts according to number of persons actually entering into contract

A
  1. Ordinary
  2. Auto-contract. Contracts made by a single person representing two parties.
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14
Q

Two classifications of contracts according to number of persons who participated in the drafting

A
  1. Ordinary
  2. Contract of adhesion
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15
Q

Four kinds of innominate contracts

A
  1. I give and you give (do ut des)
  2. I give and you do (do ut facias)
  3. I do and you give (facio ut des)
  4. I do and you do (facio et facias)
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16
Q

Three stages of a contract

A
  1. Preparation/Negotiation. No meeting of the minds, proposal/interests only
  2. Perfection. Meeting of the minds
  3. Consummation. Fulfillment
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17
Q

Five characteristics of a contract

A
  1. Consensuality (Art. 1315 and 1316)
  2. Autonomy to stipulate (Art. 1306)
  3. Obligatoriness (Art. 1159)
  4. Mutuality (Art. 1308 - 1310)
  5. Relativity (Arts. 1311, 1312, 1313, 1314, and 1317)
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18
Q

T/F. Contracts are perfected merely by consent No special form is necessary.

A

True. Consensuality characteristics of a contract. See Article 1315 to 1316.

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19
Q

Five limitations to contractual stipulation

A

Autonomy to stipulate
1. Law
2. Morals. Good and bad conduct
3. Good custom. Practices through long usage
4. Public order. Safety
5. Public policy. Public good

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20
Q

T/F. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

A

True. See Art. 1159

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21
Q

Two consequences of mutuality

A
  1. A party cannot revoke or renounce a contract without the consent of the other, nor can it have it set aside on the ground that he made a bad bargain; and
  2. Validity or compliance cannot be left to the will of one of them
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22
Q

T/F. Compliance with a contract cannot be left to the will of one of the contracting party

A

True. See Article 1308

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23
Q

T/F. Determination of a contract’s performance may be left to a third person which shall bind the parties only after it has been made known to both of them

A

True. Exception to Article 1308. See Article 1309.

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24
Q

T/F. To qualify for Article 1309, A contracting party is not bound by the determination if it is evidently inequitable or unjust as when the third person acted in bad faith or by mistake

A

True. See Article 1310

25
Q

T/F. Contracts take effect only between the parties, their assigns and heirs.

A

True. See relativity characteristic of contracts.

26
Q

Four exceptional cases when strangers or third persons are affected by a contract

A
  1. A contract containing a stipulation in favor of a third person (stipulation pour autrui)
  2. (Art. 1312). Third persons who come into possession of the object of a contract over which there is a real right are bound thereby even if they were not parties to the contract.
  3. (Art. 1313). The creditor is given the right to impugn the contracts of his debtors to defraud him
  4. (Art. 1314).Any third person who induces another to violate his contract shall be liable for damages to the other contracting party.
27
Q

Three requisites of unlawful or tortious interference

A
  1. Existence of a valid contract
  2. Knowledge on the part of a third person of the existence of the contract
  3. Interference of the third person is without legal justification or excuse
28
Q

Remedy to unlawful or tortious interference

A
  1. The wronged party is entitled to damages, but the liability for damages of the meddle cannot be worse than the liability of the contracting party who breached the contract
  2. Injunction is also a proper remedy to restrain such unlawful interference
29
Q

T/F. No one may contract in the name of another

A

True. See unauthorized contracts. Article 1317

30
Q

Three exceptions to Article 1317 on unauthorized contracts

A
  1. Person has been given authorization by the latter.
  2. Person must have by law the right to represent him
  3. Contract subsequently ratified
31
Q

Three essential requisites or elements of a contract

A
  1. Consent
  2. Object certain
  3. Cause of obligation
32
Q

Conformity of the parties to the terms of the contract; the acceptance by one of the offer made by the other the concurrence of the minds of the parties on the object and the cause which shall constitute the contract

33
Q

Three requisites of consent

A
  1. Offer must be certain
  2. Acceptance must be unqualified and absolute
  3. Areas of agreement must extend to all points that the parties deem material
34
Q

A unilateral proposition which one party makes to the other for the celebration of the contract.

36
Q

Until when are offers effective?

A
  1. Until either party becomes incapacitated– death, insanity, insolvency BEFORE acceptance
  2. Until the offer is withdrawn. Maybe withdraw at any time
37
Q

T/F. The offer may still be withdrawn at any time before acceptance by communicating such withdrawal

A

True. See Art. 1324

38
Q

T/F. The offer may not be withdrawn when it is founded upon a consideration, as something paid or promised

A

True. Exception to Art. 1324

39
Q

Are business advertisements of things for sale definite offers?

A

Nope. Mere invitation to make an offer (Art. 1325). Except when the law says so. See Rule 39, ROC.

40
Q

T/F. When a member of the public performs an act pursuant to the offer, such action constitutes an acceptance which converts the promise into a contract binding on the advertiser.

41
Q

The conformity by the offeree to the proposition of the offerer.

A

Acceptance

42
Q

Acceptance must be two things

A
  1. Absolute
  2. Unqualified
43
Q

T/F. The contract is perfected only from the time the acceptance of the offer is made known to the offerer.

A

True. Unless not made known to the offerer, there is no meeting of the minds

44
Q

T/F. Acceptance made by letter or telegram immediately bind the offerer.

A

False. It does not bind except from the time it came to his knowledge. See Art. 1319

45
Q

T/F. An offer through an agent is accepted from the time acceptance is communicated to him

46
Q

Two kinds of acceptance

A
  1. Express
  2. Implied
47
Q

T/F. Silence means yes

A

False. Silence, per se cannot be construed as an acceptance.

48
Q

T/F. Acceptance may be implied from silence if clearly warranted by the circumstances

A

True. See Art. 1870

49
Q

T/F. The person making the offer may fix the TIME, PLACE, and MANNER of acceptance, all of which must be complied with

A

True. See Art. 1321

50
Q

T/F. An acceptance which is not made in the manner, place, or period prescribed by the offerer is not effective but constitutes a counter-offer

51
Q

T/F. When the offerer has not fixed a period for the offeree to accept the offer, and the offer is made to a person present, the acceptance must be made immediately.

52
Q

T/F. Acceptance may be revoked at any time

A

False. Acceptance may be revoked, but the revocation must be made known to the offerer before he learns of the acceptance.

53
Q

T/F. Any person may give consent to a contract

54
Q

Three persons not allowed to give consent to a contract:

A
  1. Unemancipated minor
  2. Insane or demented person, unless contract was entered during a lucid interval (Art. 1328), including state of drunkenness or hypnotic spell
  3. Deaf-mutes who do not know how to read or write (Art. 1327)
55
Q

Other persons specially disqualified from entering contracts:

A
  1. Those under civil interdiction
  2. Hospitalized lepers
  3. Prodigals
  4. Deaf and dumb who are unable to read and write
  5. Those of unsound mind even though they have lucid intervals
56
Q

If one of the contract parties is incapacitated, the contract is void

A

NO. Contract is VOIDABLE. See Art. 1390

57
Q

If both parties are incapacitated, the contract is voidable?

A

NO. Contract is UNENFORCEABLE. See Art. 1403 and 1407

58
Q

If one of the parties be disqualified by law, the contract is unenforceable?

A

NO. Contract is VOID.

59
Q

Three requisites of consent

A
  1. It should be intelligent or with an exact notion of the matter which it refers
  2. Free
  3. Spontaneous

Oblicon (5 decks)

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