Contracts

Question 1

meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service (Art. 1305)

Answer 1

Contracts

Question 2

Stages of Contract

Answer 2

1. Negotiation - Preparation or Conception or generation
2. Perfection - birth
3. Consummation - Death or termination

Question 3

What is contract of adhesion?

Answer 3

one where there is ALREADY PREPARED form containing the stipulations desired by one party whereby the latter only asks the other party to agree to them i wants to enter into contract

Generally Valid!

Ex. PAL, Apps

Question 4

Essential Elements of a Contract
COCO

Answer 4

1. Consent of Contracting Parties
2. Object/Subject Matter
3. Cause or Consideration
4. Other essential elements - such as delivery

Question 5

Vitiated

Answer 5

spoil or impair the quality or efficiency of. napasama, nakasama

Question 6

Absolute simulation - when one or both parties did not intend to be bound by the contract - this contract is____

Answer 6

Void

Question 7

Both are incapacitated to give consent. The contract is ______

Answer 7

Unenforceable
Ex. Contract bet. a minor and demented person

Question 8

Both parties gave their consent, but such consent was vitiated:
Vices of consent:
MIVUF

Answer 8

Under this vices of consent, the contact is VOIDABLE!
Mistake
Intimidation
Violence
Undue Influence
Fraud

Question 9

It is the damage or injury to the party asking for rescission, which represents the difference between the price and the actual value of the property. For it to be ground for rescission, it must be MORE THAN ONE-FOURTH of the value!

Answer 9

Lesion

Question 10

Defective Contracts that remain to be valid and binding until rescinded by the court

Answer 10

Rescissible Contracts

Question 11

those which are valid until they have been annulled by proper action in court. There contracts are likewise subject for ratification to cure the defect, in which case, no annulment can be held anymore

Answer 11

Voidable Contracts

Question 12

The following are Voidable Contracts

Answer 12

1. Those where one of the parties is incapable of giving consent. One lang, kasi pag two, Unenforcable na
2. Those where the consent is vitiated by MIVUF

Note that under fraud, only Dolo causante is voidable. Not Dolo incidente

Question 13

Ratification

Answer 13

to cure the defect

Question 14

Four Types of Defective Contracts
And Explain

Answer 14

Rescissble Contracts
Voidable Contracts
Unenforceable Contracts
Void or Inexistent Contacts

Question 15

Prescriptive Period to claim rescission and to annul voidable contracts

Answer 15

4 years, with full details on page 109 and and 112

Question 16

Those defective contracts that are valid although not binding until ratified. They are contracts that for some reason cannot be enforced, unless ratified in the manner provided by law. No legal remedy required but to leave the contract as it is

Answer 16

Unenforceable Contracts

Question 17

Kinds of Unenforceable Contracts
3

Answer 17

1. Unauthorized Contracts
2. Those that do not comply with Statutes of Frauds - agreements that are required to be in writing in order to avoid fraud
3. Those were both parties are incapable of giving consent

Question 18

Those contracts that are either, inexistent or illegal or illicit. They are defective contracts that are INVALID and therefore not biding and considered an absolute nullity and produces no effect, as if they had never been executed or entered into and CANNOT BE RATIFIED.

Answer 18

VOID CONTRACTS

Question 19

An offer made by the principal is ACCEPTED from the time acceptance is conveyed to him or his agent

Answer 19

True

Question 20

Dolo Incidete/Incidental Fraud - voidable?

Answer 20

No! it only obliges the person employing it to pay damages and does not vitiate consent.

Only Dolo Causante is Vodiable