Contractt

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

True or False

All contracts are agreements, not all agreements are
contracts

Answer 3

True

Question 4

True or False

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

Answer 4

True

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

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

Answer 6

Expressed Contract

Question 7

One or more terms or conditions are not definitely known but are taken for granted by operation of law

Answer 7

Implied Contract

Question 8

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

True or False

Every contract contains an offer, acceptance, and consideration

Answer 9

True

Question 10

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 10

Acceptance

Question 11

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

Answer 11

Arbitration

Question 12

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

Answer 12

Boilerplate

Question 13

Boilerplate clauses includes?

Answer 13

• arbitration clauses
• entire agreement clauses
• force majeure clauses

Question 14

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

Answer 14

Breach

Question 15

• provisions of a contract that specify a particular occurrence
• In the event these conditions happen, this is what the contract does in response

Answer 15

Conditions

Question 16

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

Answer 16

Consideration

Question 17

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

Answer 17

Damages

Question 18

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

Answer 18

Entire Agreement

Question 19

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

Answer 19

Force Majeure

Question 20

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

Answer 20

Guaranty

Question 21

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

Answer 21

Offer

Question 22

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

Answer 22

Recitals

Question 23

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

Answer 23

Consent

Question 24

an indispensable element for the existence of consen

Answer 24

Legal capacity

Question 25

presuposses legal capacity

Answer 25

legal consent

Question 26

consent given through the following renders the contract voidable

Answer 26

Visiation of Consent

Question 27

transgresses intelligence

Answer 27

Mistake

Question 28

transgresses freedom of consent

Answer 28

Violence/force

Question 29

transgresses freedom of consent

Answer 29

Intimidation

Question 30

transgresses reasonable freedom of choice

Answer 30

Undue influence

Question 31

transgresses spontaneousity

Answer 31

Fraud

Question 32

* 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 * The object must not be outside the commerce of men * It must not be contrary to law, morality, good customs, public order, and public policy * Impossible things or services cannot be the object of a contract

Answer 32

Object or Subject Matter

Question 33

* A promise or a performance bargained by a promisor in exchange of that promise * The price asked by a promisor in entering into a subject matter of a contract * States why each party is joining to an agreement; something worth bargaining for

Answer 33

Cause or Consideration

Question 34

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

Answer 34

onerous contracts

Question 35

the cause is the service or benefit which is to be compensated i.e., job contracts

Answer 35

remuneratory contracts

Question 36

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

Answer 36

contracts of pure beneficence

Question 37

HOW AND WHEN A CONTRACTS ARE PERFECTED:

Answer 37

* Contracts are perfected by a mere consent * All contracts in Civil Code are consensual, and are perfected from the moment the parties agree as regards the definite subject matter and a fixed consideration * The moment of perfection, obligation arise and are binding between the parties and their heirs * Consent is manifested through acceptance

Question 38

* “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 38

Do ut Des

Question 39

* “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 one side in consideration of something done on the other

Answer 39

Facio ut facias

Question 40

* “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 40

Facio ut des

Question 41

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

Answer 41

Do ut facias

Question 42

* Contracts that was validly or legally entered by two consenting/contracting parties * But, one party is prejudiced than the other; impartial or unequal contract * One party would suffer much damages * Court may rescind the contract if one party would suffer damages more than the other from a contract agreement in the interest of equity

Answer 42

RESCISSIBLE CONTRACTS

Question 43

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

Answer 43

VOIDABLE CONTRACTS

Question 44

# VOIDABLE CONTRACTS Give the 2 example of contracts that are voidable or annullable, even though there may been no damage to the contracting parties

Answer 44

1. Those where one of the parties is incapable of giving consent to a contract i.e. minor aged contracting party 2. Those where the consent is vitiated by mistake, violence, intimidation, undue influence, or fraud

Question 45

* When contract is not in writing, it is called unenforceable contract * There is no basis to enforce the contract obligations

Answer 45

UNENFORCEABLE CONTRACTS

Question 46

* 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 46

VOID CONTRACTS