Obligations And Contracts Flashcards
Not legally compellable in court; not enforced by the state
Law in the nonlegal sense
Based on religion or faith and concerns itself with the concept of sin
Divine law
Law based on morality or equity; regarded as the reasonable basis of state law
Natural law
negligence becomes a source of obligation in itself without a pre existing contract
Civil negligence
Culpa aquiliana
Article 1319 ________ is manifested by the meeting of the offer and the acceptance upon the thing and the cause, which are to constitute the contract. The offer must be ________and the acceptance ________.
Consent
Certain
Absolute
delay on the part of the debtor to fulfill his obligation
Mora solvendi
second essential element of a contract
Objects of contract
______ are those who have not reached the age of majority and are still subject to parental authority (person incapcitated to give consent)
Unemancipated minor
totally independent of will of any human being; earthquake, flood, hurricane, lightning strike, volcano erruption
Acts of God
Requisites for a person to contract in the name of another:
- Must be ________________ (expressly or impliedly)
- Must have by law a ________ to represent him
- The contract must be subsequently ________
Duly authorized
Right
Ratified
the law which regulates the relations of the members of a community with each other for purely private ends
Private law
the essential or more proximate purpose why a party assumed an obligation; the reason which moves the contracting parties to enter into a contract
Cause
ontract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them
Mutuality
when through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract, which without them, he would not have agreed to. Art 1338
Fraud
Article 1318 There is no contract unless the ff requisites concur:
- ________ of the contracting parties
- ________________ which is the subject matter of the contract
- ________________ which is established
Consent
Object certain
Cause of obligation
there is a preexisting obligation and there is fault in carrying out such
Culpa contractual
the law that governs the relations of an individual with the State
Public law
____ is the law that establishes rights well as duties of an individual.
Substantive law
Persons Incapacitated to give consent
1.
2.
3.
Unemancipated minors
Insane and demented persons
Deaf mutes who cant write
Failure in the performance of an obligation on time constituting a breach
Delay
Mora
Any ________________ that induces another to violate his contract shall be liable for damage to the other party
Third party
The law that lays down the procedure by which rights or claims may be enforced
Procedural/adjective
Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are ________ by their nature, or by ________ or by ________________
Not transmissible
Stipulation
Provision of law
Ignorance of the law shall excuse no one from compliance therewith =
Ignorantia legis neminem excusat
An obligation is a ________ ________ to give, to do or not to do.
Judicial necessity
An obligation is not a mere necessity. It is one clothed with ___
Compellability
a proposal to enter into a contract
Offer
Payment must be ________ (unless otherwise provided by law or stipulation), ________, and if in money, it must be paid in _______________
Complete
Regular
legal tender
An obligation is not a mere ________
Necessity
when there has been a meeting of minds with respect to subject matter and cause of the contract
Perfection/birth
Article 1317 - No one may ________ in the name of another without being authorized by the latter, or unless he has by law a right to represent him. A contract entrred into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers, shall be unenforceable, unless it is ________, expressly or impliedky, by the person on whose behalf it has been executed, before it is revoked by the other contracting party.
Contract
Ratified
The one who can compel compliance with the obligation
Active subject
delay on the part of the creditor to accept the performance of the obligation
Mora accipendi
When the negligence shows bad faith, it is considered as equivalent to ________. Art 1173
Fraud
state law or the law imposed by the State and is enforceable in court; state = human
Laws strictly in the legal sense
There is undue influence when a person takes ________________ over the will of another, depriving the latter of a reasonable ________________.
Improper advantage
Freedom of choice
The one compelled to comply with or perform the obligation
Passive subject
the contracting parties may establish sucg stipulations, clauses, terms and conditions as they may deen convenient, provided they are not contrary to law, morals, good customs, public order or public policy.
Autonomy
________________, even though not existing at the time the contract is entered into, may be the object of contracts provided they have potential existence, that is, it is reasonably certain to come into existence
Future things
a meeting of minds between 2 persons whereby one binds himself, with respect to the other, to give something or to render some service.
Contract
There is violence when in order to wrest consent, ________ or ________________ is employed. Art 1335
Serious
Irresistable force
also known as ________________, that which binds the parties or connects the parties to the obligation
Juridical or legal tie
Efficient cause
extinction of contract by the performance of the obligation
Consummation/termination
Contracts are perfected by mere ________, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law.
Consent
that which is an object or undertaking of the obligation or that which is to be given, to be done or not to be done
Prestation
A contract is an agreement that is ________, juridically speaking, to give rise to a ________ ________.
Effective
Civil obligation
intentional non-performance of obligation; deception
Dolo
Fraud
delay of obligors in reciprocal obligations. The delay of the creditor neutralizes the delay of the debtor and vice versa
Compensation morae
fraud incident to the performance of an obligation
Dolo incidente
Incidental fraud
There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded ________ of an ________ and ________________ upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his ________. Art 1335
Fear
Imminent
Grave evil
Consent
fraud used by one of the parties to a contract in securing the consent of thr other party
Dolo causante
Causal fraud
Article 1319 Consent is the ________________, and with reference to contracts, it is the ________ of the will of one contracting party with that of another or others, upon the object and terms of the contract.
Confirmity of wills
Agreement
an event which could not be foreseen, or which tho forseen, was inevitable
Fortuitous events
fraud in the performance of an obligation
Dolo incidente
Article 1328 Contract entered into during a ________________ are valud. Contracts agreed into in a ________________ or during a ________________ are voidable.
Lucid interval
State of drunkeness
Hypnotic spell
obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
Obligatory force
the manifestation by the offeree of his agreement to the terms of the offer
Acceptance
Vices of Consent 1. 2. 3. 4. 5.
Fraud Mistake Violence Undue influence Intimidation
fraud in getting the consent to a contract
Dolo causante
Violation or intimidation shall ________ the obligation, although it may have been employed by a ________________ who did not take part in the contract. Art 1336
Annul
Third person
there is human intervention; war fire robbery invasion
Acts of man
negotiation stage of the contract leading to a definite agreement
Preparation/generation
Acceptance may be ________ (written or oral) or ________ (interferred from actions such as receiving payment for a sale) (Art 1320)
Expressed
Implied
carelessness or lack of diligence
Neglect
Culpa
The requisites in irder that a thing or object may be the subject matter of a contract are:
- Must not be ________ the ________ of men
- Must be ________
- Must not be ________ to law, morals, good customs, public order ir public policy
- Must no be _______, either ________ or ________
- Must be ________ as to its kind
Outside the commerce Trabsmissible Contrary Impossible Physically Legally Determinative
Mistake is defined as an ________________ or ________ of the existence or nonexistence of a fact, past or present, ________ to a contract.
Unconscious ignorance
Forgetfulness
Rule of conduct, just, obligatory and laid down by a legitimate power for common observance and benefit
Law
Remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed
Reformation
Remedy granted by law, both to the contracting parties and to third persons in order to secure reparation of damage caused by them by a contract, even if the contract be valid, by means of the restoration things to their condition prior to the celebration of said contract
Recission
Contracts are valid or binding unless they are anulled by a proper action in court
Voidable contract
Waiver of one’s right to annul the voidable contract
Ratification
Cannot be sued upon or enforced unless ratified, thus it is as if they have no effect yet
Unenforceable contracts
Contract that has no effect at all. Cannot be ratified or validated
Void contract
Contract for goods that are manufactured special order and not for the general market
Contract for a piece of work
Contractor binds himself to execute a piece of work for the employer, in consideration of a certain price or compensation. Contractor may either employ labor or skill, or also to furnish the material
Contract for a piece of work
If the contractor agreed to produce the work from material furnished by him, he shall deliver the things produced to the employer and transfer dominion over the thing. This contract shall be governed by the following articles as well as by the pertinent provisions on warranty of title and against hidden deffects and the payment of price in a contract for sale
Contractor-supplied materials
The contractor who has undertaken to put not only his skill or work, cannot claim any compensation if the work should be destroyed before its delivery, unless there has been delay in receiving it or if the destruction was caused by poor quality of matls, provided this fact was communicated in due time to the owner. If the materials are lost through a fortuitous event, the contract is extinguished
Owner supplied materials
The engineer or architect who drew up plans and specifications for a building is liable for damages if within ____ from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground
15 yrs
The action must be brought within ___ following the collapse of the building
10 yrs
The designer-contractor agrees to furnish both the labor and materials and to deliver the job completely on the date agreed upon. The obligation of the employer, on the other hand, is to pay the contract price upon finishing the job
Lump sum contract
Neither the employer nor the designer knows how much the job will cost until after its completion. The designer or contractor undertakes to do the job with the employer paying for both the labor and materials. A fixed amount representing the contractor’s fees for service rendered is agreed upon beforehand
Cost-plus a fixed amount
Compensation of the designer-contractor is not fixed in the sense that the exact amount cannot be determined yet except that they both know it is a certain percentage of whatever may be the cost of the labor and the materials
Cost-plus a certain percentage
Parties agree on a basic price which both of them believe is reasonably the amount that will be spent for labor and materials
Cost-plus a certain percentage with a variable increase of decrease as a bonus or deduction
Estimated reparation in money for detriment or injury sustained, or the compensation or satisfaction imposed by law for a wrong or injury caused by a violation of legal right
Damages
Adequate compensation for pecuniary loss suffered
Actual or compensatory damage
Incapable of pecuniary estimation or computation but are recoverable in the amount to be determined by the court provided they are the proximate result of the wrongdoer’s act or omission
Moral damages
Those awarded to vindicate or recognize the right of plaintiff, which has been violated, and not necessarily to indemnify him for any loss suffered. These are awarded in any case when the party injured can show injury to his legal right
Nominal damages
Some pecuniary loss has been suffered but its amount cannot, from the nature of its case, be proved with certainty
Temperate or moderate damages
those agreed upon by the parties to a contract, to be paid in case of breach thereof
Liquidated damages
Those of which are imposed in additional to moral, temperate, liquidated or compensatory damages by way of example or correction for the public good
Exemplary or corrective damages
Remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed
Reformation
Remedy granted by law, both to the contracting parties and to third persons in order to secure reparation of damage caused by them by a contract, even if the contract be valid, by means of the restoration things to their condition prior to the celebration of said contract
Recission
Contracts are valid or binding unless they are anulled by a proper action in court
Voidable contract
Waiver of one’s right to annul the voidable contract
Ratification
Cannot be sued upon or enforced unless ratified, thus it is as if they have no effect yet
Unenforceable contracts
Contract that has no effect at all. Cannot be ratified or validated
Void contract
Contract for goods that are manufactured special order and not for the general market
Contract for a piece of work
Contractor binds himself to execute a piece of work for the employer, in consideration of a certain price or compensation. Contractor may either employ labor or skill, or also to furnish the material
Contract for a piece of work
If the contractor agreed to produce the work from material furnished by him, he shall deliver the things produced to the employer and transfer dominion over the thing. This contract shall be governed by the following articles as well as by the pertinent provisions on warranty of title and against hidden deffects and the payment of price in a contract for sale
Contractor-supplied materials
The contractor who has undertaken to put not only his skill or work, cannot claim any compensation if the work should be destroyed before its delivery, unless there has been delay in receiving it or if the destruction was caused by poor quality of matls, provided this fact was communicated in due time to the owner. If the materials are lost through a fortuitous event, the contract is extinguished
Owner supplied materials
The engineer or architect who drew up plans and specifications for a building is liable for damages if within ____ from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground
15 yrs
The action must be brought within ___ following the collapse of the building
10 yrs
The designer-contractor agrees to furnish both the labor and materials and to deliver the job completely on the date agreed upon. The obligation of the employer, on the other hand, is to pay the contract price upon finishing the job
Lump sum contract
Neither the employer nor the designer knows how much the job will cost until after its completion. The designer or contractor undertakes to do the job with the employer paying for both the labor and materials. A fixed amount representing the contractor’s fees for service rendered is agreed upon beforehand
Cost-plus a fixed amount
Compensation of the designer-contractor is not fixed in the sense that the exact amount cannot be determined yet except that they both know it is a certain percentage of whatever may be the cost of the labor and the materials
Cost-plus a certain percentage
Parties agree on a basic price which both of them believe is reasonably the amount that will be spent for labor and materials
Cost-plus a certain percentage with a variable increase of decrease as a bonus or deduction
Estimated reparation in money for detriment or injury sustained, or the compensation or satisfaction imposed by law for a wrong or injury caused by a violation of legal right
Damages
Adequate compensation for pecuniary loss suffered
Actual or compensatory damage
Incapable of pecuniary estimation or computation but are recoverable in the amount to be determined by the court provided they are the proximate result of the wrongdoer’s act or omission
Moral damages
Those awarded to vindicate or recognize the right of plaintiff, which has been violated, and not necessarily to indemnify him for any loss suffered. These are awarded in any case when the party injured can show injury to his legal right
Nominal damages
Some pecuniary loss has been suffered but its amount cannot, from the nature of its case, be proved with certainty
Temperate or moderate damages
those agreed upon by the parties to a contract, to be paid in case of breach thereof
Liquidated damages
Those of which are imposed in additional to moral, temperate, liquidated or compensatory damages by way of example or correction for the public good
Exemplary or corrective damages
