Law on Contracts Flashcards
These are elements of a contract which are derived from the nature of the contract and ordinarily accompany the same.
A. Natural
B. Essential
C. Special
D. Accidental
It is a contract where each of the parties acquires an equivalent of his prestation and such equivalent is pecuniarily appreciable and already determined from the moment of the celebration of the contract.
A. Aleatory
B. Nominate
C. Commutative
D. Innominate
It refers to the principle that once a contract is perfected, ti shall be of obligatory force upon both of thecontracting parties.
A. Obligatory force
B. Autonomy
C. Mutuality
D. Relativity
It refers to the principle that the contracting parties are free to enter into a contract and to establish such stipulations, clauses, terms, and conditions as they may deem convenient.
A. Obligatory force
B. Autonomy
C. Mutuality
D. Relativity
It refers to the essential equality of the contracting parties whereby the contract must bind both of them.
A. Mutuality
B. Obligatory force
C. Autonomy
D. Relativity
It is a stipulation in a contract, clearly and deliberately conferred by the contracting parties as a favor upon a third person, who must communicate his acceptance of the favor or benefit to the obligor before it could be revoked.
A. Stipulation pour autrui
B. Stipulation au pair
C. Contract of adhesion
D. Contra bonos mores
It refers to the principle that the contract takes effect only between the parties, their assigns and heirs.
A. Obligatory force
B. Autonomy
C. Relativity
D. Mutuality
In an offer to sell, parties failed to agree on the size of the land to be sold. Is there a meeting of the minds of the parties that would perfect a contract?
A. There is no consent that would perfect a contract as there is no agreement on the exact area to be sold.
B. There is consent because the land is still identified.
C. There is consent because there is agreement to sell and to buy.
D. The information given is insufficient to answer the question
A contract of adhesion is generally:
A. Void
B. Voidable
C. Unenforceable
D. Valid
Under this theory, a contract is perfected from the moment the acceptance is declared or made.
A. Expedition Theory
B. Reception Theory
C. Manifestation Theory
D. Cognition Theory
In the Philippines, which theory on perfection of contracts is followed?
A. Cognition Theory
B. Reception Theory
C. Expedition Theory
D. Manifestation Theory
On March 5, 1956, A wrote a letter to B offering him the lease of a building. On March 6, 1956, at 1:00PM, B sent a letter of acceptance which was received by A at 4:00PM that day. But at 2:00PM, A had already sent B a letter of withdrawal of the offer which was received by Bat 5:00PM. When was the contract perfected?
A. At 1:00PM
B. At 4:00PM
C. At 2:00PM
D. The contract has not been perfected.
What is the effect of the death, civil interdiction, insanity, or insolvency of the either the offeror or offereebefore acceptance is conveyed?
A. The offer becomes ineffective.
B. The offer is still effective.
C. As against the offeror only, the offer becomes ineffective.
D. As against the offeree only, the offer becomes ineffective.
A contract entered into by a minor who misrepresents his age is:
A. Void
B. Valid
C. Voidable
D. Unenforceable
A contract entered into by and between two deaf-mutes is:
A. Void
B. Valid
C. Voidable
D. Unenforceable
A contract entered into by and between two persons of who both insane is:
A. Void
B. Valid
C. Voidable
D. Unenforceable
If a person prohibited to enter into a contract, enters into a contract, such contract is:
A. Void
B. Valid
C. Voidable
D. Unenforceable
What is the difference between a mistake of fact and a mistake of law?
A. A mistake of law vitiates consent which renders a contract voidable; while a mistake of fact does not render a contract voidable.
B. Both mistakes of fact and of law render a contract voidable.
C. Both mistakes of fact and of law do not render a contract voidable.
D. A mistake of fact: vitiates consent which renders a contract voidable; while a mistake of law does not render a contract voidable.
Is there any exception to the rule that a mistake of law cannot vitiate consent rendering the contract voidable?
A. Mistake as to the object of the contract (error in re)
B. Mistake as to person (error ni persona)
C. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent.
D. There is no exception.
When is an instrument not capable of reformation?
A. Simple donations inter vivos wherein no condition is imposed
B. When a mutual mistake of the parties causes the failure of the instrument to disclose their real agreement.
C. If one party was mistaken and the other acted fraudulently or inequitably in such a way that the instrument
does not show their true intention.
D. When one party was mistaken and the other knew or believed that the instrument did not state their real agreement, but concealed the fact from the former.
When is an instrument not capable of reformation?
A. When through the ignorance, lack of skill, negligence or bad faith on the part of the person drafting the instrument
or of the clerk or typist, the instrument does not express the true intention of the parties.
B. Wills
C. If 2 parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the property is sold absolutely, or with a right of repurchase.
D. Where the real agreement is voidable.
Where shall the action for reformation of instrument be instituted?
A. Ordinary action for declaratory relief
B. Ordinary action for reformation of instrument
C. Ordinary action for quo warranto
D. Special civil action ofr declaratory relief
X, of age, entered into a contract with Y, a minor. X knew and the contract specifically stated the age of Y. May X successfully demand annulment of the contract?
A. No, the party who has capacity cannot allege the incapacity of the party with whom he contracted.
B. No, the annulment will prejudice the interests of the minor.
C. Yes, since Y is a minor, the contract is voidable.
D. Yes, as long as Y joins X in asking for annulment.
A and B entered into a verbal contract whereby A agreed to sell to B his only parcel of land for P10,000 dna B agreed
to buy at the aforementioned price. B went to the bank, withdrew the same amount and returned to A for the consummation of the contract. A, however, had changed his mind and refused to go through with the sale.
Will an action by B against A for specific performance prosper?
A. No, A and B must seek to resolve the dispute first before going to the court.
B. Yes, because B already withdrew the money from the bank.
C. No, it is not evidenced by anything in writing properly signed by A.
D. Yes, Ahas already agreed with B which made the agreement: binding to both parties.
