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Typology: Exercises
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When the contracts lack one of the essential elements, the contract is: a. All of the above b. Voidable c. Rescissible d. Void If the parties state false cause in the contract to conceal their real agreement: a. Absolute simulation b. Relative simulation c. Real contract d. Personal contract The offer must be: a. Qualified b. Certain c. Limitless d. Counter offer X agreed to rape Y for a consideration of 25, a. Contrary to law b. Immoral c. Against good customs d. Against public policy There is colorable contract but it has no substance as the parties have no intention to be beyond by it a. Real contract b. Relative simulation c. Absolute simulation d. Personal contract The contracting parties may establish such stipulations, clauses, terms and conditions provided they are not contrary to a. Public order b. Public order and public policy c. Public policy d. Neither public order and public policy Meeting of the minds whereby one binds himself, with respect to the other, to give something or to render some service a. Consent b. Object c. Contract d. Cause A deception used by one party prior to or simultaneous with the contract, in order to secure the consent of the other. Needless to say, the deceit employed must be serious a. Malice b. Causal fraud c. Incidental fraud d. Fraud Refers to any means employed upon a party which, under the circumstances, he could not well resist and which controlled his volition and induced to – his consent to the contract, which otherwise he not has entered into a. Fraud b. Undue influence The contracting parties may establish such stipulations, clauses, terms and conditions provided they are not contrary to a. Morals b. All of the answer c. Good customs d. Law If a contract should contain some stipulation in favor of third person a. He may demand its fulfilment before he communicates his acceptance to the obligor b. He may demand its fulfilment before he communicates his acceptance to the obligor after its revocation c. He may demand fulfilment if the benefit is merely incidental d. The conferment must be clear and deliberate Which contract is valid? a. Entered into during lucid interval b. Agreed to in a state of drunkenness c. None of the answer is correct d. Agreed to during a hypnotic spell Meeting of the offer and acceptance upon the thing and the cause a. Consent b. Cause c. Object d. Contract Contracts take effect between the a. Assigns b. All of the answer c. Heir d. Parties Which contract is void? a. Entered into during lucid interval b. Agreed to in a state of drunkenness c. None of the answer is correct d. Agreed to during a hypnotic spell Ratification of a voidable contract must be affected expressly only a. True b. False Rescission creates the obligation to return the things which were the object of the contract, together with the fruits, and price with its interest a. True b. False The interpretation of obscure words or stipulations in a contract shall favor the party who caused the obscurity a. True b. False c. Violence d. Intimidation
Contracts shall be obligatory in whatever form they may have been entered into, provided all the essential requisites for their enforceability are present a. True b. False The provisions of a contract should be read in isolation from the rest of the instrument a. True b. False The denomination given by the parties in their contract is conclusive of the nature of the contents a. True b. False Rescission implies that there is a contract that produces lesion or pecuniary damage to someone a. True b. False The legal consequence of non-compliance with the statute of frauds does not come into play where the contract in question is completed, executed or partially consummated a. True b. False The contract provision is ambiguous if it is susceptible of two possible alternative interpretations a. True b. False Third persons can attack the validity of unenforceable contracts a. True b. False In order to judge the intention of the contracting parties, only their preceding acts shall be principally considered a. True b. False The statute of frauds, provides that a contract for the sale of real property or an interest therein shall be unenforceable unless the sale or some of note of memorandum thereof is in writing and subscribed by the party or his agent a. True b. False Rescissible as applied in rescissible contracts has the effect of abrogating the contract in all parts a. True b. False The purpose of rescission is to repair the defect in the consent a. True b. False Ratifications cleanses the contract from all of its defects from the moment it was constituted a. True b. False Ratification of voidable contract may be affected by any of the contracting parties a. True b. False It is a cardinal rule in the interpretation of contracts that the intention of the parties shall be accorded primary consideration a. True b. False When the law requires that a contract be in some form in order that it may valid or enforceable, or that a contract be proved in a certain way that requirement is absolute and indispensable a. True b. False Contracts where consent is given through fraud are annullable a. True b. False DEFECTIVE CONTRACTS A voidable or annullable contract is one which has no force and effect from the very beginning a. True b. False By its very nature, annulment contemplates a contract is void, that is, valid until annulled a. True b. False The statute of frauds applies only to executed contracts a. True b. False When all the essential requisites are present, a contract is obligatory in whatever form it may have been entered into a. True b. False A threat to enforce one’s claim through competent authority, if the claim is just or legal, vitiates consent a. True b. False Ratification requires the conformity of the contracting party who has no right to bring the action for annulment c. True d. False