Contracts (Chapter 1)

Question 1

It is the 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

Contracts

Question 2

When can a contract be perfected by one party only?

Answer 2

When the party represent different interest/ identity/ role

Question 3

Contracts according to name

Answer 3

Nominate and Innominate contracts

Question 4

Contracts according to perfection

Answer 4

Consensual and Real Contracts

Question 5

Contracts according to cause

Answer 5

Onerous, Remuneratory or remunerative, and Gratuitous

Question 6

Contracts according to form

Answer 6

Informal/ SImple and FOrmal/ Solemn

Question 7

Contracts according to Person obligated

Answer 7

Unilateral and Bilateral

Question 8

Contracts according to risks

Answer 8

Commutative and Aleatory

Question 9

Contracts according to liability

Answer 9

Unilateral and Bilateral

Question 10

Contracts according to status

Answer 10

Executory and Executed

Question 11

Contracts according to dependence to another contract

Answer 11

Preparatory, Accessory, and principal

Question 12

Contracts according to dependence of part of contract to other contract

Answer 12

Divisible and Indivisible

Question 13

agreement where the obligations and benefits of both parties are certain and equivalent. Both parties know in advance what they are exchanging, and the performance of each side is predictable.

Answer 13

Commutative Contract

Question 14

an agreement where the performance of one or both parties depends on an uncertain future event. The obligations of the parties are not equal, and the outcome often involves an element of risk or chance.

Answer 14

Aleatory Contract

Question 15

Contract that set up terms for future contracts

Answer 15

Preparatory Contracts

Question 16

When it does not depend on other contracts

Answer 16

Principal Contracts

Question 17

When it depends on another contract is secures or guarantees for its existence. Example is mortgage or guaranty

Answer 17

Accessory Contract

Question 18

when each part of the contract is dependent upon the other parts for completion

Answer 18

Indivisible Contract

Question 19

When one part of the contract may be satisfactorily performed independently of the other parts

Answer 19

Divisible Contract

Question 20

refers to the authority of the government to regulate behavior and enforce laws that promote the public health, safety, morals, and general welfare of society.

Answer 20

police power

Question 21

Rule of conduct, just, obligatory, promulgated by legitimate authority and of common observance and benefits

Answer 21

Law

Question 22

Deals with norms of goods and right conduct evolved in an community

Answer 22

Morals

Question 23

consists of habits and practices which through long usage have been followed and enforced by society or some part of it as binding rules of conduct

Answer 23

Customs

Question 24

refers to the general peace, safety, and stability of a society, maintained through laws, regulations, and practices that ensure the smooth functioning of society and prevent chaos, crime, or disruption.

Answer 24

Public order

Question 25

Refers to the principles, laws, and actions that a government or governing body adopts to address public issues and societal challenges. It involves the formulation and implementation of strategies to promote social, economic, and political objectives, which may include areas like education, healthcare, environment, or the economy.

Answer 25

Public policy

Question 26

Contracts with no specific name is _____ while contract with specific name is _________

Answer 26

Innominate Nominate

Question 27

I give what you may give I give what you may do I do what you may do I do what you may give

Answer 27

do ut des do ut facias facto ut facias facto ut des

Question 28

Essential Element of a contract

Answer 28

Consent Object Cause

Question 29

Rules governing innominate contracts

Answer 29

1. Stipulations of Parties 2.Provisions of Obligations and Contracts 3. Rules Governing the most analogous contract 4. Customs of the place

Question 30

Where only one person represent the two parties to the contract( when one party represent different interest)

Answer 30

Auto-Contract

Question 31

Where only one party drafted the contracts ( such as insurance)

Answer 31

Contract of adhesion

Question 32

Can the determination of performance of a contract be made by a third person?

Answer 32

Yes. Art 1309

Question 33

Who is responsible for determination of performance if the contracting parties oppose the one made by the third person

Answer 33

The court. Art 1310

Question 34

When is the general rule that rights of a party in a contract transmissible to heirs and their assignees not arise

Answer 34

when by: their stipulation nature provisions of law

Question 35

Stipulation in the contract clearly and deliberately confers a favor upon a third person

Answer 35

Stipulation pour autrui

Question 36

Contracts perfected by mere consent

Answer 36

Consensual Contract

Question 37

Consent perfected by the delivery of the thing subject matter of the contract

Answer 37

Real Contract

Question 38

Contracts which requires compliance with certain formalities prescribed by law( must follow legal procedure)

Answer 38

Solemn Contract

Question 39

Stages in the Life of a Contract

Answer 39

1. Preparation or Negotiation 2. Perfection or Birth 3. Consummation or Termination

Question 40

Elements that are presumed to exist in a contract unless the contrary of stipulation

Answer 40

Natural Element

Question 41

Elements that refer to particular stipulation of party

Answer 41

Accidental Elements