II. Validity of the Contract

Question 1

a contract is valid only if it meets the three requirements under art. 1128.

Answer 1

Art. 1128. – The following are necessary for the validity of a contract

Question 2

Art. 1128. – The following are necessary for the validity of a contract:

Answer 2

1. the consent of the parties;
2. their capacity to contract;
3. content which is lawful and certain.

Question 3

Consent must be given

Answer 3

without mistake, doll (misrepresentation) or duress (violence).

Question 4

Art. 1130

Answer 4

Mistake, fraud and duress vitiate consent where they are of such a nature that, without them, one of the parties would not have contracted or would have contracted on substantially different terms.

Their decisive character is assessed in the light of the person and of the circumstances in which consent was given.

Question 5

Art. 1131

Answer 5

Defects in consent are a ground of relative nullity of the contract.

Question 6

Absolute nullity

Answer 6

An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. When the contract violates a rule intended with general interest. (Ex. contracts about drugs, prostitution, terrorism, etc.)

Question 7

Relative nullity

Answer 7

a contract is relatively null when it violates a rule intended for the protection of private parties, as when a party lacked capacity or did not give free consent at the time the contract was made. A contract that is only relatively null still may be confirmed.

Question 8

The three vices are grounds only

Answer 8

or relative nullity as they only concern the interests of the buyer or the seller

Question 9

Art. 1132

Answer 9

Mistake of law or of fact, as long as it is not inexcusable, is a ground of nullity (cause d’annulation) of the contract when it bears on the essential qualities of the act of performance owed or of the other contracting party

Question 10

Art. 1133

Answer 10

The essential qualities of the act of performance are those which have been expressly or tacitly agreed and which the parties took into consideration on contracting

Question 11

Art. 1134

Answer 11

Mistake about the essential qualities of the other contracting party is a ground of nullity only as regards contracts entered into on the basis of considerations personal to the party.

Question 12

Doll is defined in art. 1137 :

Answer 12

Doll is an act of a party in obtaining the consent of the other by scheming or lies.

The intentional concealment by one party of information, where he knows its decisive character for the other party, is also fraud.

Question 13

Art. 1139

Answer 13

A mistake induced by doll is always excusable. It is a ground of nullity even if it bears (si il porte) on the value of the act of performance or on a party’s mere motive.

Question 14

Art. 1140

Answer 14

There is duress (contrainte) where one party contracts under the influence of a constraint which makes him fear that his person or his wealth, or those of his near relatives, might be exposed to considerable harm.

Question 15

Art. 1144

Answer 15

In the case of mistake or fraud the period for bringing(apporter) an action for nullity runs only from the day when they were discovered, and in the case of duress the period runs only from the day when it ceased.

Question 16

Art. 1145

Answer 16

Every natural person is able to conclude a contract, except in the case of lack (manque) of capacity provided for by legislation.

Question 17

2. Representation
   Art. 1153

Answer 17

A representative authorized by legislation, by a court or by a contract is justified in acting only within the limits of the authority conferred upon him.

Question 18

There are 3 types of agents/representative

Answer 18

-Legal representative : when the law prescribes the representation

• Judicial representative : refers to the representative appointed by French Court

-Conventional representative : refers to the representative appointed by contract

Question 19

Art. 1154

Answer 19

Where a representative acts within his authority and in the name and on behalf of the person whom he represents, only the latter is bound to the undertaking so contracted.

Where a representative states that he is acting on behalf of another person but contracts in his own name, he alone is bound towards the other contracting party

Question 20

C) The content of a contract
Art. 1162

Answer 20

A contract cannot derogate from public policy either(soit) by its stipulations or by its purpose, whether or not this was known by all the parties

Public policy provisions are mandatory rules.

Question 21

Art. 1166

Answer 21

When the quality of the act of performance is not determined or capable of being determined under the contract, the debtor must offer an act of performance of a quality which conforms to the legitimate expectations of the parties taking into account its nature, usual practices and the amount of what is agreed in return.

Question 22

Art. 1168
stipulates that the absence of equivalence between two performances (in a Synallagmatic contract) is not a ground for invalidity, unless the law says otherwise.(sauf si la loi dit le contraire)

Answer 22

In Synallagmatic contracts, a lack of equivalence in the acts of performance of the parties is not a ground of nullity of the contract, unless legislation provides otherwise.

Question 23

Synallagmatic contract

Answer 23

a contract which entails (contains) a reciprocal obligation between the parties.

Question 24

Unilateral contract

Answer 24

a contract agreement in which an offeror promises to pay after the occurrence of a specified act. Ex. deposit contract, insurance policy, reward contract, etc.

Question 25

Art. 1170

Answer 25

If the debtor of an obligation inserts, in the contract, a clause that reduces his (son) obligation, then this
clause will be considered not written.

Question 26

Art. 1171

Answer 26

Any clause of a standard form contract which creates a significant imbalance in the rights and obligations of the parties to the contract is deemed not written.
The assessment of significant imbalance must not concern either the main subject-matter of the contract nor the adequacy of the price in relation to the act of performance.

Question 27

Standard contract

Answer 27

a basic legal agreement that is used by an organization in many situations without allowing(sans permettre) the employee, customer, etc. to make any changes. You can only agree to the contract as it is written.