REVIEW Flashcards

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1
Q

The defense of illegality of contract is not available to third persons whose interests are not directly affected. (T/F)

A

TRUE

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2
Q

A contract which is the direct result of a previous illegal contract is also void and inexistent. (T/F)

A

TRUE

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3
Q

A party who employed violence, undue influence, or fraud, or who caused mistake may bring an action to annul the contract on any such ground. (T/F)

A

FALSE

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4
Q

Reformation is a remedy availed of to express the real intent of the parties to a contract whether oral or written. (T/F)

A

TRUE

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5
Q

Rescission cannot be availed of in the case of a last will and testament. (T/F)

A

FALSE

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6
Q

A void contract can be ratified. (T/F)

A

FALSE

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7
Q

Reformation is available if the contract is void. (T/F)

A

FALSE

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8
Q

Ratification cleanses the contract from all its defects from the moment the ratification was made. (T/F)

A

FALSE

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9
Q

Contracts entered into during a lucid interval are valid. (T/F)

A

TRUE

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10
Q

The ‘Cause’ is the essential reason for a party in entering into a contract. (T/F)

A

TRUE

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11
Q

It is the meeting of the minds between two persons whereby one binds himself with respect to the other, to give something or to render some service.

A

CONTRACT

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12
Q

It refers to a contract which has no specific name of designation in law.

A

INNOMINATE

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13
Q

It is a contract that is perfected by mere consent.

A

CONSENSUAL

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14
Q

The following are essential requisites of a contract, except:

A

DESIGNATION

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15
Q

It is a stage in the contract that refers to the time wherein the parties have come to a definite agreement
regarding the subject matter and the cause of the contract.

A

PERFECTION

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16
Q

It is a definitive contract which is valid but is defective because it brings about the economic injury or damage to one of the third parties or third persons.

A

RESCISSIBLE

17
Q

It is a defective contract that is subject to annulment not due to damage, but due to vitiated consent.

A

VOIDABLE

18
Q

It is a contract that is considered invalid from the beginning.

A

VOID

19
Q

It is a contract that is considered valid but which the court will not enforce.

A

UNENFORCABLE

20
Q

It refers to the act of accepting or consenting to the agreement despite knowledge of its defects.

A

RATIFICATION

21
Q

The stages of a contract according to the order of their occurrence are

A

CONCEPTION, BIRTH AND CONSUMPTION

22
Q

The warranty against hidden defects in a contract of sale is an example of:

A

NATURAL ELEMENT

23
Q

Contracts take effect only between the contracting parties, their assigns and heirs, except in cases where the
obligations and rights arising from the contract are not transmissible by their nature, or by stipulation or
provision of law. This principle of contract is known as:

A

RELATIVITY OF CONTRACT

24
Q

The principle that contracts are perfected by mere consent is known as:

A

CONSENSUALITY OF CONTRACTS

25
Q

The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. This is known as the principle of:

A

MUTUALITY OF CONTRACTS