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JURISD1 > contracts > Flashcards

contracts 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

True or False

All contracts are agreements, not all agreements are
contracts

A

True

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4
Q

True or False

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

A

True

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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

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

A

Expressed Contract

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7
Q

One or more terms or conditions are not definitely known but are taken for granted by operation of law

A

Implied Contract

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8
Q

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

True or False

Every contract contains an offer, acceptance, and consideration

A

True

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10
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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11
Q

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

A

Arbitration

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12
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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13
Q

Boilerplate clauses includes?

A
  • arbitration clauses
  • entire agreement clauses
  • force majeure clauses
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14
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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15
Q
  • provisions of a contract that specify a particular occurrence
  • In the event these conditions happen, this is what the contract does in response
A

Conditions

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16
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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17
Q

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

A

Damages

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18
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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19
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

20
Q

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

A

Guaranty

21
Q

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

A

Offer

22
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

23
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

24
Q

an indispensable element for the existence of consen

A

Legal capacity

25
Q

presuposses legal capacity

A

legal consent

26
Q

consent given through the following renders the contract voidable

A

Visiation of Consent

27
Q

transgresses intelligence

A

Mistake

28
Q

transgresses freedom of consent

A

Violence/force

29
Q

transgresses freedom of consent

A

Intimidation

30
Q

transgresses reasonable freedom of choice

A

Undue influence

31
Q

transgresses spontaneousity

A

Fraud

32
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
  • The object must not be outside the commerce of men
  • It must not be contrary to law, morality, good customs, public order, and public policy
  • Impossible things or services cannot be the object of a contract
A

Object or Subject Matter

33
Q
  • A promise or a performance bargained by a promisor in exchange of that promise
  • The price asked by a promisor in entering into a subject matter of a contract
  • States why each party is joining to an agreement; something worth bargaining for
A

Cause or Consideration

34
Q

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

A

onerous contracts

35
Q

the cause is the service or benefit which is to be compensated i.e., job contracts

A

remuneratory contracts

36
Q

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

A

contracts of pure beneficence

37
Q

HOW AND WHEN A CONTRACTS ARE PERFECTED:

A
  • Contracts are perfected by a mere consent
  • All contracts in Civil Code are consensual, and are perfected from the moment the parties agree as regards the definite subject matter and a fixed consideration
  • The moment of perfection, obligation arise and are binding between the parties and their heirs
  • Consent is manifested through acceptance
38
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

39
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 one side in consideration of something done on the other
A

Facio ut facias

40
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

41
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

42
Q
  • Contracts that was validly or legally entered by two consenting/contracting parties
  • But, one party is prejudiced than the other; impartial or unequal contract
  • One party would suffer much damages
  • Court may rescind the contract if one party would suffer damages more than the other from a contract agreement in the interest of equity
A

RESCISSIBLE CONTRACTS

43
Q

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

A

VOIDABLE CONTRACTS

44
Q

VOIDABLE CONTRACTS

Give the 2 example of contracts that are voidable or annullable, even though there may been no damage to the contracting parties

A
  1. Those where one of the parties is incapable of giving consent to a contract i.e. minor aged contracting party
  2. Those where the consent is vitiated by mistake, violence,
    intimidation, undue influence, or fraud
45
Q
  • When contract is not in writing, it is called unenforceable contract
  • There is no basis to enforce the contract obligations
A

UNENFORCEABLE CONTRACTS

46
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

JURISD1 (7 decks)

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