Quiz - Finals Flashcards

1
Q

An agreement is a meeting of the minds but lacks the essential elements of a contract

A

True

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2
Q

As a general rule, future inheritance cannot be subject of a contract.

A

True

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3
Q

There is consent when all terms and conditions have been fully accepted without any condition.

A

True

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4
Q

The consent given by a minor to a contract is considered as valid if it involves basic necessities like food.

A

True

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5
Q

As a general rule, contracts are perfected by mere consent except when the law provides some form or other additional requirements.

A

True

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6
Q

As a general rule, when one signs a contract, it is presumed that he/she has full knowledge and understanding of the same.
True

A

True

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7
Q

Compulsion by a reasonable and well-grounded fear of an evil

A

intimidation

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8
Q

use of insidious words or machinations to convince the other contracting party

A
  • fraud
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9
Q

.use of serious or irresistible force

A
  • violence
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10
Q

taking improper advantage over the will of the other
violence

A

*undue influence

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11
Q

If a contract provides that one of the contracting parties will have to predict the exact dates a of all the meteor showers that will occur in 2022, the contract is

A

*void

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12
Q

Tessa, a deaf-mute, is a graduate of journalism. She was hired by NU Black-Gold publication and she signed an employment contract where her salary was pegged at P20,000.00 per month. The contract entered into by Tessa is?

A

valid

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13
Q

Fe is an 89-year old widow who was abandoned by all of her children. She was suffering from occasional memory loss. One day, she took a video of herself writing her last will and testament where she disinherited all her children who abandoned her. While she wrote, she De was reading it out loud so that the video recording can capture her voice. The document (last will and testament) prepared by Juliet is

A

valid

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14
Q

What could be the reason for your answer in #13?

A
  • Valid because was of sound mind when she prepared the document
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15
Q

Contracts entered into by an insane person during lucid interval

A

valid

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16
Q

contracts entered into by a guardian where the ward suffers more than 1/4 lesion

A

rescissible

17
Q

Contracts entered into in a state of drunkenness

A

voidable

18
Q

Contracts entered into by a deaf-mute who knows how to read

A

valid

19
Q

Contracts entered into to defraud creditors

A

rescissible

20
Q

Contracts entered into where one of the parties is incapable of giving consent

A

voidable

21
Q

Contracts entered into at the point of a gun

A

voidable

22
Q

Contracts entered into due to mistake

A

voidable

23
Q

Ratified contracts

A

valid

24
Q

Contracts entered into between a deaf mute college graduate and a minor

A

voidable

25
Q

Remedy under the law for reparation of damages

A

rescission

26
Q

When one has to return what he/she has received

A

RESTITUTION

27
Q

Acceptance despite the defect

A

RATIFICATION

28
Q

generally, what is the prescriptive period to assail the validity of a contract?

A

4 YEARS

29
Q

A voidable contract can either be annulled or

A

RATIFIED

30
Q

In interpreting contracts, the primary consideration is the wording used in the written instrument that embodies the meeting of the minds.

A

FALSE

31
Q

For voidable contracts, both the contracting parties must agree to the ratification.

A

FALSE

32
Q

When the instrument is clear, either one of the contracting parties can request for the interpretation of the instrument.

A

FALSE

33
Q

Concealment of a mistake is a form of fraud that will warrant the reformation of an instrument.

A

TRUE

34
Q

Reformation is the solution where there is no meeting of the mind.

A

FALSE