RECITE Flashcards
- Lease of land for 12 months and lease of car for 18 months. Which one must be in writing to be enforceable?
- None of them, both are enforceable
- Because in statute of frauds under 1403 (e),
If lease is one year or less, real or personal property is enforceable
If lease is more than one year, object is immovable, property is unenforceable
- This is an action to annul a voidable contract.
- Ratification
What type of contracts are the ff;
1. Those which are absolutely simulated or fictitious
Inexistent
What type of contracts are the ff;
2. Those whose cause or object did not exist at the time of the transaction
Inexistent
Essential requisites of a contract
a. Consent of the contracting parties.
b. Object/ Subject certain which is the subject matter of the contract.
C. Cause of the obligation which must be established.
What type of contracts are the ff;
1. Both are incapable of giving consent
2. Only one is incapable of giving consent
- Unenforceable
- Voidable
- A and B agreed to enter into a contract in Jan 2023. B received a downpayment and the balance is payable after completion. The contract is?
- Enforceable
- Because there is a downpayment and the contract is not executory and therefore the contract is ratified by the downpayment
- X sold a cellphone worth 29,000 to Y. X delivered the cellphone to Y however Y refuse to pay. The contract is?
- A gave 1M to B to kill C.Later, A changed his mind and asked B to take the money back. Decide. Can A recover the payment? -
Yes (Art.1414)
A without authority from B sold the car of B in his name. The contract is?
Unenforceable
A lease for more than one year is no longer covered by the statute of frauds if the lessee is already in the possession of the party, hence it need not be in writing.
- True
- Even if it is not in the form of writing, the contract is enforceable because of ratification. It is ratified when the time the lessee was in the possession of the property of the lessor. It is a evidence that can be presented by the court that there has been a contract which is the lessee giving a downpayment.
- A lease for 5 months is not covered by the statute of frauds and need not be in writing.
True
- What type of contracts are the ff;
- Contracts where the cause is immoral
- Contracts with valid consideration but with unlawful motives
- Absolutely simulated contracts
- Contracts to prevent –
- Void
- Valid (because it is only a motive)
- Inexistent
4.
- X promised that he will give Y a parcel of land consideration of Y’s service to X. Y disagreed in defense since the promise is not in writing. Therefore, it will not be enforceable since it is not covered by the statute of frauds. Decide.
- Is statute of frauds applicable in this case?
Inapplicable because it is only a promise
- What type of contracts are the ff;
- Cause is immoral -
- Those whose object is outside the commerce of men
- Those undertaken in fraud of creditors when the latter cannot be any manner collect what he has given
- Those where the consent is vitiated by mistake, violence, intimidation, fraud and undue influence
- Those where one of the parties is incapable of giving consent to a contract
1.
2. Void
3. Rescissible
4. Voidable
5. Voidable
- Which is unenforceable;
- Contract of partnership
- Cession, —— renunciation of hereditary rights
- Acts and contracts for -
- Contract of guaranty
Contract of guaranty
- Elements without which there cannot be a contract
Consent, Object, Cause (COC)
- Contracts take effect only to the parties, their assigns and heirs except where the rights of obligation arising therefrom.
a. Is not transmissible by
b. Is not transmissible by stipulation of the parties
c. Is not transmissible by provision of law
d. All of the above
Relativity of contracts
Contracts take effect only between the parties, their assigns and heirs, except where the rights and obligations are not transmissible:
a. by law,
b. by stipulation, or
c. by nature. (Art. 1311)
Note: With respect to the heir, he shall not be liable beyond the value of the property he received from the decedent. (Art. 1311)
- Guardian of W sold W’s house valued at 50,000 for 37,500 for a lesion of a ¼ of the value.
The sale is not rescissible because the lesion is not more than one-fourth
- S sold his house valued at 50,000 for only 10,000 because S did not know the true value of the house. What type of contract is this?
Valid, because you are the one who is selling it. There is no guardian or other assigns involved
- B forces C to execute a promissory note. What type of contract?
- Which is not an attribute of a voidable contract?
a. It can be ratified and ratification has a retroactive effect
b. The capacitated cannot alleged the incapacity of the other party
c. Is binding, valid, and enforceable before annulment
d. Damage is material to be voidable contract
d. Damage is material to be voidable contract
- Which is an attribute of a rescissible contract?
a. Damage is absolutely material (?)
b. Valid until rescinded
c. Third person who’s interest is affected may ask for rescission
d. It is a principal remedy of the creditor to collect his credit
a. Damage is absolutely material (?)
- D borrowed a sum of money from C in the second rate of interest. C now wants to increase the rate of interest without the consent of D. What principle of contract that will prohibit C from doing so?
Mutuality of contracts
