Lecture 2

50問 • 1年前

ユーザ名非公開

通報

問題一覧

Contract which has a specific name or designation in law.

Nominate

Contract which has no specific name or designation in law.

Innominate Contract

I give that you may give

do ut des

I give what you may do

do ut facias

I do what you may do

facto ut facias

I do what you may give

facto ut des

which is perfected by mere consent.

Consensual

perfected by the delivery of the thing subject matter of the contract

Real

requires compliance with certain formalities prescribed by law, such prescribed form being thereby an essential element

Solemn

which the parties are reciprocally obligated to each other.

Onerous

which purpose is to reward the service that had been previously rendered by the party remunerated.

Remuneratory

which is the liberality of the benefactor or giver.

Gratuitous

which is required by law for its efficacy to be in a certain specified form.

Formal

which may be entered into in whatever form provided all the essential requisites for their validity are present.

Informal

those validly agreed upon because all the essential elements exist and, therefore, legally effective

Rescissible

those that meet all the legal requirements and limitations for the type of agreement involved and are, therefore legally binding and enforceable.

Valid

those which possess all the essential requisites of a valid contract but one of the parties is incapable of giving consent or consent is vitiated by mistake, violence, intimidation, undue influence or fraud.

Voidable or Annullable

those which, because of certain defects, generally produce no effect at all.

Void

those that cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified according to law.

Unenforceable

refers to the agreement which lack one or some or all of the elements

Inexistent

when the undertaking of one party is considered the equivalent of that of the other.

Commutative

when both parties are mutually bound to each others.

Bilateral

when only one party is obliged to comply with the prestation.

Unilateral

when it depends upon an uncertain event of contingency both as to benefit or loss.

Aleatory

when it has been fully and satisfactorily carried out by both parties.

Executed

when it has not yet been completely performed by parties.

Executory

when it does not depend for the existence and validity upon another contract but it is an indispensable condition for the existence of an accessory of contract.

Principal

when it is dependent upon another contract it secures or guarantees for its existence and validity.

Accessory

when it is entered into as means to an end.

Preparatory

it is when one part of the contract may be satisfactorily performed independently of the other parts.

Divisible

it is when each part of the contract is dependent upon the other parts satisfactory performance

Indivisible

Contracts must not be contrary to...

Law, Moral, Public Order, Custom, Public Policy

a contract which has a tendency to be injurious to the public or is against the public good contrary to public policy.

Public Policy

refers principally to public safety although it has been considered to mean also public weal.

Public Order

Requisites of Contract

Consent, Object, Cause

conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of one contracting party with that of another or others, upon the object and terms of the contract.

Consent

refer to those persons who have not yet reached the age of majority and are still subject to parental authority.

Unemancipated Minors

The insanity must exist at the time of contracting.

Insane or Demented Person

They are persons who are deaf and dumb

Deaf-mutes

Characteristics of Consent

free and voluntary, intelligent, conscious and spontaneous

there is no vitiation of consent by reason of mistake, undue influence or fraud.

conscious and spontaneous

there is no vitiation of consent by reason of violence or intimidation

free and voluntary

there is a capacity to act

intelligent

Vices of Consent

Error or Mistake, Violence or Force, Intimidation or Threat or Duress, Undue Influence, Fraud or Deceit

Requisites of object

commerce of men, not impossible, determinate or determinable, existing

essential reason or purpose which the contracting parties have in view at the time of entering into the contract.

Cause of Contract

Requisites of Cause

existing, true or real, lawful

remedy allowed by law by means of which a written instrument is amended or rectified

Reformation

Kinds of Defective Contracts

Rescissible, Voidable, Unenforceable, Void

one voluntarily adopts or approves some defective or unauthorized act or contract which, without his subsequent approval or consent, would not be binding on him

Ratification

Lecture 1 Part 1

Lecture 1 Part 1

Lecture 1 Part 2

Lecture 1 Part 2

Lecture 1 Part 3

Lecture 1 Part 3

Lecture 7 (Stream Velocities)

ユーザ名非公開 · 47問 · 1年前

Lecture 7 (Stream Velocities)

GEOE (Lecture 1-3)

GEOE (Lecture 1-3)

Laws Related to Geodetic Engineering

ユーザ名非公開 · 31問 · 1年前

Laws Related to Geodetic Engineering

31問 • 1年前

ユーザ名非公開

Geodetic Engineering Laws

ユーザ名非公開 · 10問 · 1年前

Geodetic Engineering Laws

Midterms

Midterms

Lesson 6

Lesson 6

Lesson 7A

Lesson 7A

Lesson 7B

Lesson 7B

Lesson 7C

Lesson 7C

Lecture 1

Lecture 1

Lecture 2

Lecture 2

Lesson 1

ユーザ名非公開 · 28問 · 11ヶ月前

Lesson 1

28問 • 11ヶ月前

ユーザ名非公開

History

ユーザ名非公開 · 10問 · 11ヶ月前

History

Lesson 2

Lesson 2

Lesson 3

ユーザ名非公開 · 38問 · 11ヶ月前

Lesson 3

38問 • 11ヶ月前

ユーザ名非公開

問題一覧

Contract which has a specific name or designation in law.

Nominate

Contract which has no specific name or designation in law.

Innominate Contract

I give that you may give

do ut des

I give what you may do

do ut facias

I do what you may do

facto ut facias

I do what you may give

facto ut des

which is perfected by mere consent.

Consensual

perfected by the delivery of the thing subject matter of the contract

Real

requires compliance with certain formalities prescribed by law, such prescribed form being thereby an essential element

Solemn

which the parties are reciprocally obligated to each other.

Onerous

which purpose is to reward the service that had been previously rendered by the party remunerated.

Remuneratory

which is the liberality of the benefactor or giver.

Gratuitous

which is required by law for its efficacy to be in a certain specified form.

Formal

which may be entered into in whatever form provided all the essential requisites for their validity are present.

Informal

those validly agreed upon because all the essential elements exist and, therefore, legally effective

Rescissible

those that meet all the legal requirements and limitations for the type of agreement involved and are, therefore legally binding and enforceable.

Valid

Voidable or Annullable

those which, because of certain defects, generally produce no effect at all.

Void

those that cannot be enforced or given effect in a court of law or sued upon by reason of certain defects provided by law until and unless they are ratified according to law.

Unenforceable

refers to the agreement which lack one or some or all of the elements

Inexistent

when the undertaking of one party is considered the equivalent of that of the other.

Commutative

when both parties are mutually bound to each others.

Bilateral

when only one party is obliged to comply with the prestation.

Unilateral

when it depends upon an uncertain event of contingency both as to benefit or loss.

Aleatory

when it has been fully and satisfactorily carried out by both parties.

Executed

when it has not yet been completely performed by parties.

Executory

when it does not depend for the existence and validity upon another contract but it is an indispensable condition for the existence of an accessory of contract.

Principal

when it is dependent upon another contract it secures or guarantees for its existence and validity.

Accessory

when it is entered into as means to an end.

Preparatory

it is when one part of the contract may be satisfactorily performed independently of the other parts.

Divisible

it is when each part of the contract is dependent upon the other parts satisfactory performance

Indivisible

Contracts must not be contrary to...

Law, Moral, Public Order, Custom, Public Policy

a contract which has a tendency to be injurious to the public or is against the public good contrary to public policy.

Public Policy

refers principally to public safety although it has been considered to mean also public weal.

Public Order

Requisites of Contract

Consent, Object, Cause

conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of one contracting party with that of another or others, upon the object and terms of the contract.

Consent

refer to those persons who have not yet reached the age of majority and are still subject to parental authority.

Unemancipated Minors

The insanity must exist at the time of contracting.

Insane or Demented Person

They are persons who are deaf and dumb

Deaf-mutes

Characteristics of Consent

free and voluntary, intelligent, conscious and spontaneous

there is no vitiation of consent by reason of mistake, undue influence or fraud.

conscious and spontaneous

there is no vitiation of consent by reason of violence or intimidation

free and voluntary

there is a capacity to act

intelligent

Vices of Consent

Error or Mistake, Violence or Force, Intimidation or Threat or Duress, Undue Influence, Fraud or Deceit

Requisites of object

commerce of men, not impossible, determinate or determinable, existing

essential reason or purpose which the contracting parties have in view at the time of entering into the contract.

Cause of Contract

Requisites of Cause

existing, true or real, lawful

remedy allowed by law by means of which a written instrument is amended or rectified

Reformation

Kinds of Defective Contracts

Rescissible, Voidable, Unenforceable, Void

one voluntarily adopts or approves some defective or unauthorized act or contract which, without his subsequent approval or consent, would not be binding on him

Ratification