Law on Contracts

Question 1

Void auto contracts

Answer 1

sale of property of a person under guardianship where the guardian is the buyer

lease contract concerning the property belonging to an estate where the lessee is the executor

Question 2

Acceptance of an offer takes effect from the time the offer new or has knowledge of the acceptance

acceptance of the offer will take effect once it is manifested by the offeree

Answer 2

cognition theory; manifestation theory

Question 3

An offer becomes ineffective before acceptance when DCII

Answer 3

death, civil interdiction, insolvency, insanity

Question 4

Can an option agreement be withdrawn

Answer 4

yes unless founded upon a consideration which becomes now an option contract

Question 5

If incapacity pertains to juridical capacity, the contract is _______

Answer 5

void

Question 6

Those who have absolute incapacity (MIDD)

Answer 6

unemancipated minors

insane or demented persons except during lucid interval

deaf mute so do not know how to write

drunk or hypnotized

Question 7

Those who are incompetent to consent under the rules of court who may be placed under guardianship (CLPDUA)

Answer 7

civil interdiction

hospitalized lepers

prodigal

deaf and dumb

unsound mind

aged or weak mind

Question 8

Prescriptive period for voidable contracts

Answer 8

4 years

Question 9

are the sale of future inheritance, hereditary rights, and vain hope void

Answer 9

yes no yes

Question 10

Is the action for reformation incompatible with action for enforcement

Answer 10

yes

Question 11

What are the contracts that cannot be reformed (DWV)

Answer 11

simple donation inter vivos with no condition

last will and testament

real agreement is void

Question 12

Real contracts (DPCL)

Answer 12

deposit, pledge, commodatum, loan or mutuum

Question 13

Formal contracts DrDp5ICRp

Answer 13

donation of real property

donation of personal property which exceeds 5000

interest

sale of large cattle

real property contribution in a partnership

Question 14

Statute of frauds 1GM500ALsC

Answer 14

terms not to be performed within one year

guarantee or surety of debt of another

agreement made in consideration of marriage other than a mutual promise to marry

sale of goods at a price not less than 500; memorandum entry of the inventory on their action

lease of more than one year; sale of real property or interest therein

representation as to the credit of a third person

Question 15

Contracts which requires formalities for convenience RHcPR

Answer 15

transactions involving real property

cession repudiation or renunciation of hereditary rights or those of conjugal partnership of gains

power to administer property or other powers which has for its object should appear in a public document or should prejudice a third person

session of actions or rights

Question 16

A contract of adhesion containing a waiver is void

Answer 16

yes

Question 17

Exemptions to the relativity of contracts Bmcs RMP

Answer 17

third persons bound by the contract

1. real property mortgage
2. Collective agreements like collective bargaining agreement
3. Contracts that create status like marriage

rescissible contracts

malicious interference

pour atrui

Question 18

Action of the creditor to rescind the contract entered into by the debtor to defraud him

Answer 18

action pauliana

Question 19

Action of a creditor to so on a contract entered into by his debtor whenever authorized by law

Answer 19

accion directa (sue the obligor of the obligor)

Question 20

The principle that would apply in a gratuitous contract and onerous contract when interpreting

Answer 20

least transmission of rights

greatest reciprocity of interest

Question 21

Priority when interpreting innominate contract (SOAC)

Answer 21

stipulation

oblicon

analogous contracts

customs

Question 22

do ut des

Answer 22

to give and to give

Question 23

If the doubts or cast of on the principal object of the contract in such a way that it cannot be the one but may have been the intention or will of the parties, the contract shall be

Answer 23

null and void

Question 24

Rescissible contracts GwRaFLO

Answer 24

when wards suffer lesion by more than one-fourth of the value of the thing from contracts entered into by their guardians

representation of absentees; lesion

in fraud of creditors

things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority

all authors declared by law

Question 25

Presumption of fraud if alienation by gratuitous title and by onerous title

Answer 25

fraudulent if donor did not reserve sufficient property to pay all debts

fraudulent when some judgment has been issued

Question 26

Other rescissible contracts UsSdLRI

Answer 26

unpaid seller

specific thing deteriorates due to the fault of the debtor before the suspensive condition or period arrives

lesion

real property delivered is deficient by more than 1/10 or would not have entered into should the actual area has been known

payments made in a state of insolvency

Question 27

Grounds for a contract to be voidable CMFIVU

Answer 27

incapacity

mistake

fraud

intimidation

violence

undue influence

Question 28

The action for annulment of contract shall be extinguished when the thing which is the object thereof is lost through the fruit or fault of the person who has a right to institute the proceedings

Answer 28

yes

Question 29

The person incapacitated is obliged to make restitution

Answer 29

no except in so far as he has been benefited

Question 30

When one party does not return what is due him by virtue of the annulment, he cannot compel the other party to comply what is incumbent upon him

Answer 30

yes

Question 31

What are the unenforceable contracts UaSI

Answer 31

unauthorized contracts

statute of frauds

incapacity of both parties