CONTRACT

Question 1

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

Answer 1

CONTRACT

Question 2

An obligation whereby an agreement entered unto upon
sufficient consideration to do or not to do a particular thing

Answer 2

CONTRACT

Question 3

T/F

While all contracts are agreements, not all agreements are
contracts

Answer 3

T

Question 4

T/F

Only those that give rise to civil obligation is called a
contract

Answer 4

T

Question 5

Every transaction between a dentist and a patient is a
contract, either express or implied, or partly expressed and partly implied

Answer 5

LEGAL NATURE OF THE TRANSACTION

Question 6

FORMS OF CONTRACT:

Answer 6

1. Expressed Contract
2. Implied Contract

Question 7

Terms and conditions are made known to each part either in writing or verbal

Answer 7

Expressed Contract

Question 8

 One or more terms or conditions are not definitely known but
are taken for granted by operation of law
 A concluded or inferred agreement from the overt acts or conduct of the parties which the law presumed or ascribed as the manifestation of intention of parties to enter into a
contract

Answer 8

Implied Contract

Question 9

Every contract contains an ____

Answer 9

offer, acceptance, and consideration

Question 10

12 common contract terms

Answer 10

1. Acceptance
2. Arbitration
3. Boilerplate
4. Breach
5. Conditions
6. Consideration
7. Damages
8. Entire Agreement
9. Force Majeure
10. Guaranty
11. Recitals

Question 11

when you accept an offer, it must be an unconditional and unequivocal acceptance to the exact terms of the offer; if not, it becomes a counteroffer

Answer 11

Acceptance

Question 12

arbitration clauses set up provisions whereby
independent and binding arbitrators settle contractual disputes

Answer 12

Arbitration

Question 13

 Standard contract clauses use universal language as a type of
template
 Usually found at the end of the contract

Answer 13

Boilerplate

Question 14

Boilerplate clauses include

Answer 14

arbitration clauses, entire
agreement clauses, and force majeure clauses

Question 15

when one part of the contract accuses the other party
of not following the terms of the contract

Answer 15

Breach

Question 16

provisions of a contract that specify a particular occurrence

Answer 16

Conditions

Question 17

something of value that is bargained for and
given in exchange for the promise contained in the offer

Answer 17

Consideration

Question 18

something such as monetary compensation, that is
awarded for a breach of contract

Answer 18

Damages

Question 19

a clause that protects the contracting parties by declaring that the contract represents the complete and final agreement between the parties

Answer 19

Entire Agreement

Question 20

a clause in contracts that excuses a part from not performing their contractual obligations due to unforeseen
events beyond their control

Answer 20

Force Majeure

Question 21

guaranty of loan is an agreement where one party
guarantees a second party’s loan obligation to a third party

Answer 21

Guaranty

Question 22

is a promise to carry out the terms of the proposed transaction, in exchange for the consideration

Answer 22

Offer

Question 23

introductory paragraphs of a contract that describe
the nature of the contract and why each party has elected to enter
into the agreement

Answer 23

Recitals

Question 24

3 ESSENTIAL REQUISITES OF CONTRACTS

Answer 24

1. Consent
2. Object or Subject Matter
3. Cause or Consideration

Question 25

 First element  Should be intelligently given with an exact idea of what it refers to be free and spontaneous by the contracting parties

Answer 25

Consent

Question 26

indispensable element for the existence of consent

Answer 26

Legal capacity

Question 27

T/F legal consent presuposses legal capacity

Answer 27

T

Question 28

consent given through the following renders the contract voidable

Answer 28

Visiation of Consent

Question 29

transgresses intelligence

Answer 29

Mistake

Question 30

transgresses freedom of consent

Answer 30

Violence/force

Question 31

transgresses freedom of consent

Answer 31

Intimidation

Question 32

transgresses reasonable freedom of choice

Answer 32

Undue influence

Question 33

transgresses spontaneousity

Answer 33

Fraud

Question 34

 The thing which is agreed upon receiving the consideration to do or not to do  Thing, right, or services which is the subject matter of the obligation arising from the contract  The aim of purpose of the contract

Answer 34

Object or Subject Matter

Question 35

It must not be contrary to law, morality, good customs, public order, and public policy

Answer 35

Object or Subject Matter

Question 36

A promise or a performance bargained by a promisor in exchange of that promise

Answer 36

Cause or Consideration

Question 37

the cause is the prestation or promise of a thing or service by the other i.e., dental treatments

Answer 37

onerous contracts

Question 38

the cause is the mere liberality of the benefactor i.e., donation

Answer 38

contracts of pure beneficence

Question 39

Contracts are perfected by

Answer 39

mere consent

Question 40

All contracts in Civil Code are ____, and are perfected from the moment the parties agree as regards the definite subject matter and a fixed consideration

Answer 40

consensual

Question 41

Consent is manifested through ___

Answer 41

acceptance

Question 42

4 DOCTRINES APPLIED IN CONTRACTS

Answer 42

1. do ut des 2. Facio ut facias 3. Facio ut des 4. Do ut facias

Question 43

 “I give that you may give”;  applied to a giving of money or goods under a promise of repayment in money or goods, and to loans of money, and contracts of sale

Answer 43

do ut des

Question 44

 “I perform so that you are to perform”;  signifies an agreement to do work for another if the other will do work for him; or to do any other positive acts on both sides; or it maybe to forbear on o

Answer 44

Facio ut facias

Question 45

 “I do that you may give”;  a valid and enforceable contract results from an implied consent where one party renders service to another and the latter accepts such service without proof that the same is given gratuitously

Answer 45

Facio ut des

Question 46

 “I pay in order that you may perform”;  when one agrees with the employee to give such wage based on performance

Answer 46

Do ut facias

Question 47

 Contracts that was validly or legally entered by two consenting/contracting parties  One party would suffer much damages

Answer 47

RESCISSIBLE CONTRACTS

Question 48

1. Those where one of the parties is **incapable of giving consent** to a contract i.e. minor aged contracting party a) Within 5 years of attaining majority age, you can file a void or annulment of contract 2. Those where the consent is **vitiated by mistake, violence, intimidation, undue influence, or fraud**

Answer 48

Voidable contract

Question 49

These contracts are binding, unless they are annulled by a proper action in court; they are susceptible of ratification

Answer 49

Voidable contract

Question 50

 When contract is **not in writing**,  There is no basis to enforce the contract obligations

Answer 50

UNENFORCEABLE CONTRACTS

Question 51

 Contracts that are null and void from the very beginning because of its impossibility  These contracts cannot be ratified, neither can the right to set up the defense of illegality be waived

Answer 51

VOID CONTRACTS