1
Q
- A contract is a _____________ between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
A
meeting of minds
2
Q
- The contracting parties may establish such stipulations, clauses, terms, and conditions as they may deem convenient, provided they ar not contrary to these five (5):
A
law, morals, good customs, public order, public policy
3
Q
- Innominate contracts shall be regulated by these four (4):
A
stipulations of the parties,
provisions of Titles I and II,
rules governing the most analogous nominae contracts,
customs of the place
4
Q
- The determination of the performance may be left to a third person, whose decision shall not be binding until _______________________.
A
it has been made known to both contracting parties
5
Q
1310.The determination shall not be obligatory if it is ________________. In such case, the courts shall decide what is equitable under the circumstances.
A
evidently inequitable
6
Q
- Contracts TAKE EFFECT only between these three (3):
A
the parties, their assigns and heirs, or by stipulation/provision of law.
7
Q
- If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided:
A
- he communicated his acceptance to the obligor before its revocation.
- contracting parties must have clearly and deliberately conferred a favor upon him.
8
Q
- Contracts are perfected by _____________.
They must also do these three (3) things:
A
mere consent,
keeping with good faith, usage, and law.
9
Q
- Real contracts, such as _________________ (3), are NOT perfected until the DELIVERY of the object of the obligation.
A
deposit, pledge, commodatum
10
Q
- There is no contract unless the following (3) requisites concur:
A
Consent, Object Certain, Cause
11
Q
- Consent is manifested by the meeting of the offer and the acceptance…
The offer must be ___________ and the acceptance __________.
A
certain; absolute
12
Q
- An acceptance may be _________ or __________.
A
expressed; implied
13
Q
- The person making the offer may fix these three (3), all of which must be complie with.
A
time, place, manner of acceptance
14
Q
- An offer becomes INEFFECTIVE upon these four (4) happenings of either party before acceptance is conveyed.
A
death, civil interdiction, insanity, insolvency
15
Q
- The following (3) cannot give consent to a contract:
A
(1) Unemancipated minors
(2) Insane or demented persons,
(3) and deaf-mutes who do not know how to write.
16
Q
- A contract where consent is given through these five (5) is VOIDABLE.
A
mistake, violence, intimidation, undue influence, or fraud
17
Q
- When one of the parties is ____________, or if the contract is in a ________________, the person enforcing the contract must show that the terms thereof have been FULLY EXPLAINED to the former.
A
unable to read;
language not understood by him
18
Q
- There is _________ when in order to wrest consent, serious or irresistable FORCE is employed.
There is ____________ when one of the contracting parties is compelled by a reasonable and well-grounded fear of imminent and grave evil upon his person or property…
A
violence; intimidation
19
Q
- To determine the degree of intimidation, the (3) _________________ of the person shall be borne in mind.
A
age, sex, and condition
20
Q
- Undue Influence
The following circumstances should be considered (7):
A
- confidential relations
- family relations
- spritual relations
- other relations
- peron was suffering from mental weakness
- person was ignorant
- person was in financial distrsess
21
Q
- In order that fraud may make a contract voidable, it should be (2) ________ and _________________.
A
serious;
should not have been employed by both contracting parties
22
Q
- What may be the object of a contract: (4)
A
- all things not outside the commerce of men
- including future things
- all rights which are transmissible
- not contrary to law, morals, good customs, public order/policy
23
Q
1347 & 1348. What CANNOT be an object of a contract: (3)
A
- intransmissible rights
- future inheritance
- impossible things/services
24
Q
- What are the 3 causes of contracts.
A
Onerous
Remuneratory
Gratuitous
25
1351. The particular _______ of the parties in entering into a contract are different from the cause thereof.
motives
26
1353. Although the cause is NOT stated in the contract, it is presumed that it ________ and is _________, unless the debtor proves the contrary.
exists; lawful
27
1358. The following (4) MUST appear in a *public document*:
(1) Creation or transfer of real rights over immovable property.
(2) Renunciation of hereditary or conjugal parnership rights.
(3) Granting a power of attorney to administer property or act on one's behald.
(4) Cession of rights from an existing public document.
28
1358. All other contracts where the amount involved exceeds _____________ must appear in writing.
Php 500.00
29
1371. In order to *judge the intention* of the contracting parties, their __________ and ______________ acts shall be princiaplly considered.
contemporaneous; subsequent
30
1378. When it is absolutely impossible to settle doubts, this is the final rule.
a. Gratuitous Contract:
b. Onerous:
c. cast upon Principal Object:
a. least transmition of rights and interests
b. greatest reciprocity of intrests
c. null and void
31
1381. The following (5) contracts are rescissible:
(1) Guardian's contract causing >1/4 loss to the ward.
(2) Representative's contract causing >1/4 loss to an absentee.
(3) Contract made in fraud of creditors
(4) Sale of property under litigation by the defendant without approval.
(5) All other contracts specially declared by law.
32
1389 & 1391. The action to claim rescission/annulment must be commenced within _____________.
4 years
33
1390. The following contracts are voidable or annullable (even if no damage has been made to parties): 2
(1) One of the parties is incapable of giving consent.
(2) Consent is vitiated by mistake, violence, intimidation, undue influence, or fraud.
34
1393. Ratification may be effected ________ or ___________.
expressly; tacitly
35
1394. Ratification may be effected by the ________ of the incapacitated person.
guardian
36
1400. Whenever the person obliged by the decree of annulment to return the thing CANNOT DO SO because it has been lost through his fault.
He must (3):
- return fruits/income received
- pay value of the thing at the of the loss
- pay interest from the same date
37
1403. The following contracts are uneforceable, unless they are ratified: (3)
1. Unauthorized Agency
2. Lacks Required Written Proof
3. Mutual Incapacity
38
1405. Contracts infringing the Statute of Frauds are ratified by: (2)
- failure to object to the presentation of oral evidence to prove the same
- by acceptance of benefit under them
39
1409. The following contracts are inexistent and void *from the beginning*: (7)
1. cause/object/purpose is contrary to law, morals, good customs, public order/policy
2. absolutely simulated/fictitious
3. cause or object did not exist at time of transaction
4. object outside commerce of men
5. impossible service
6. intention of parties cannot be ascertained
7. expressly prohibited by law
40
1410. The action/defense for dclaration of void contract does not ________.
prescribe
// can declare a contract void at ANY TIME.
BA 161
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