REVIEW Flashcards
The defense of illegality of contract is not available to third persons whose interests are not directly affected. (T/F)
TRUE
A contract which is the direct result of a previous illegal contract is also void and inexistent. (T/F)
TRUE
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)
FALSE
Reformation is a remedy availed of to express the real intent of the parties to a contract whether oral or written. (T/F)
TRUE
Rescission cannot be availed of in the case of a last will and testament. (T/F)
FALSE
A void contract can be ratified. (T/F)
FALSE
Reformation is available if the contract is void. (T/F)
FALSE
Ratification cleanses the contract from all its defects from the moment the ratification was made. (T/F)
FALSE
Contracts entered into during a lucid interval are valid. (T/F)
TRUE
The ‘Cause’ is the essential reason for a party in entering into a contract. (T/F)
TRUE
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.
CONTRACT
It refers to a contract which has no specific name of designation in law.
INNOMINATE
It is a contract that is perfected by mere consent.
CONSENSUAL
The following are essential requisites of a contract, except:
DESIGNATION
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.
PERFECTION
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.
RESCISSIBLE
It is a defective contract that is subject to annulment not due to damage, but due to vitiated consent.
VOIDABLE
It is a contract that is considered invalid from the beginning.
VOID
It is a contract that is considered valid but which the court will not enforce.
UNENFORCABLE
It refers to the act of accepting or consenting to the agreement despite knowledge of its defects.
RATIFICATION
The stages of a contract according to the order of their occurrence are
CONCEPTION, BIRTH AND CONSUMPTION
The warranty against hidden defects in a contract of sale is an example of:
NATURAL ELEMENT
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:
RELATIVITY OF CONTRACT
The principle that contracts are perfected by mere consent is known as:
CONSENSUALITY OF CONTRACTS