Contracts (Chapter 2)

Question 1

Is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract

Answer 1

Consent

Question 2

Wherein one is giving a person for consideration a certain period within which to accept the offer of the offeror

Answer 2

Option Contract

Question 3

Period given to accept an offer

Answer 3

Option Period

Question 4

Money paid or promised to be paid in consideration for the option

Answer 4

Option Money

Question 5

Earnest Money

Answer 5

partial payment of purchase price and is used as a proof of perfection of contract

Question 6

Withdrawal of Offer where option money is included is possible. True or False

Answer 6

False. Art 1324

Question 7

Who cannot give consent to a contract?

Answer 7

1. Unemancipated Minors
2. Insane or Demented Persons
3. Deaf-mutes who do not know how to write

Question 8

Characteristic of Consent

Answer 8

It is Intelligent
It is free and voluntary
It is conscious or spontaneous

Question 9

Vices Of Consent (5)

Answer 9

1. Error or Mistake
2. Violence Or force
3. Intimidation or threat or duress
4. Undue Influence
5. Fraud and Deceit

Question 10

Mistake that arise from ignorance or lack of knowledge

Answer 10

Mistake of fact

Question 11

Mistake may vitiate consent when it refer to

Answer 11

-the substance of the object
-those conditions which may have been the principal reason
-the identity or qualification of one of the parties if its one of the principal reason

Question 12

refers to situations in which a person’s agreement to a contract or other legal arrangement is not valid or enforceable due to certain factors that undermine the authenticity or validity of their consent.

Answer 12

Vitiate Consent

Question 13

Arises from an ignorance of provisions or law or erroneous interpretation of its meaning

Answer 13

Mistake of law

Question 14

Act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a c contract which is either non-existent or concealed

Answer 14

Simulation of contract

Question 15

When contract does not really exist and the parties do not intend to be bound at all

Answer 15

Absolute Simulation

Question 16

when contract entered into by the parties is different from their true agreement

Answer 16

Relative Simulation

Question 17

It is the subject matter

Answer 17

Object

Question 18

What are the requisites of Things as Object

Answer 18

1. Thing must be within the commerce of men
2. It must not be impossible
3. It must be in existence of capable of coming into existence
4. It must be determinate or determinable without the need of a new contract between the parties

Question 19

What are the requisites of Service as Object

Answer 19

1. Thing must be within the commerce of men
2. It must not be impossible
3. It must be determinate or determinable without the need of a new contract between the parties

Question 20

Temporary period of insanity

Answer 20

Lucid Interval, can be used to validated a contract made by an insane/ demented person

Question 21

When are consent of a deaf-mute people accepted/valid

Answer 21

If it was clearly explained to the person
If he is able to write

Question 22

Is the object of a contract transmissible?

Answer 22

Generally yes, but it is not when the nature of the contract and the stipulation says so.

Question 23

Contract concerning future inheritance. Explain

Answer 23

General rule is that it is not valid/ void since one of the requisites of object is it must be in existence, but can be possible if the law permits so.

Question 24

It is the essential reason or purpose which the contracting parties have in view at the time of entering into the contract

Answer 24

Cause (Cause)

Question 25

Cause of which, for each contracting party is the prestation or promise of a thing or service by the other. They are reciprocally obligated

Answer 25

Onerous Contract

Question 26

One the cause of which is the service or benefit which is remunerated

Answer 26

Remuneratory Contract

Question 27

The cause which is the liberality of the benefactor or giver. It’s a contract based on generosity or goodwill.

Answer 27

Gratuitous Contract

Question 28

What is the difference of a cause to object of contract?

Answer 28

The cause is the reason why the contracting parties agreed in the first place. While the object is the thing or service that is being agreed on or given or exchanged. For example,

Question 29

It is the purely personal or private reason which pa party has into entering into a contract

Answer 29

Motive

Question 30

What is the requisites of Cause

Answer 30

1. It must exist at the time the contract is entered into
2. It must be lawful
3. It must be true or real

Question 31

occurs when the cause (reason) behind the contract seems unequal or insufficient in terms of value but is still present.

Answer 31

Inadequacy of Cause, it does not void contract

Question 32

happens when the cause (reason) for the contract doesn’t materialize or no longer exists, making the contract ineffective. The cause either never existed from the start or becomes impossible to fulfill.

Answer 32

Failure of Cause

Question 33

lack of consideration for a contract

Answer 33

Absence of cause, it voids contract

Question 34

The cause is illegal or unlawful

Answer 34

Illegality of cause, it voids contrat

Question 35

The cause is valid but is the cause is not true.

Answer 35

Falsity of cause