LA- Contracts

Question 1

• meeting of minds between 2 persons
• one binds himself with respect to the other

Answer 1

contracts

Question 2

to give something/ to render some service

Answer 2

contracts

Question 3

TRUE/ FALSE: contracts should be written and not verbal

Answer 3

FALSE (can be verbal)

Question 4

TRUE/ FALSE: oblicon go together, so there is no need for compliance

Answer 4

FALSE (need to comply)

Question 5

3 essential elements of contract

Answer 5

consent
object certain
cause of the obligation

Question 6

• if there is an absence, it is void
• manifested by the meeting of the moinds of the other

Answer 6

consent

Question 7

acceptance of the thing and the cause of which are to constitute the contract

Answer 7

consent

Question 8

offer must be certain and the acceptance is absolute

Answer 8

consent

Question 9

• subject matter of the contract
• marriage contract = marriage itself

Answer 9

object certain

Question 10

the reason why a contract is established

Answer 10

cause of the obligation

Question 11

• defined as one which almost all provisions have been drafted only by one part
• only participation of the other party is signing of contract

Answer 11

contract of adhesion

Question 12

contract of adhesion is usually seen/ used by

Answer 12

corporations
insurance companies

Question 13

an attestation form wherein it is only favorable to one party, no guarantee, and there is a need to check the content

Answer 13

waivers- adhesion

Question 14

five (5) characteristics of a contract

Answer 14

mutuality
autonomy
relativity
consensuality
obligatory force of contracts

Question 15

validity and performance cannot be left to the will of only one of the parties

Answer 15

mutuality of contracts

Question 16

parties are free to stipulate terms and provisions in a contract, as long as terms and provisions are not contrary to law, morals, good customs, public order, and public policy

Answer 16

autonomy

Question 17

contracts are binding only upon the parties and their successors of interest (last will and testament)

Answer 17

relativity of contracts

Question 18

exception of relativity of contracts:

Answer 18

stipulation in favor of 3rd person (STIPULATION POUR AU TRUI) as a beneficial of an insurance policy

Question 19

performed by mere consent and no form is prescribed by law for their validity (no template as long as it follows the law)

Answer 19

consensuality of contracts

Question 20

exception for consensuality of contracts

Answer 20

real contracts
contracts covered under state of frauds

Question 21

constitutes the law as between the parties who are compelled to perform under the threat of being sued in court of law

Answer 21

obligatory force of contracts