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level: DENTISTS AND CIVIL LIABILITY: CONTRACTS

Questions and Answers List

level questions: DENTISTS AND CIVIL LIABILITY: CONTRACTS

Question	Answer
a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service	CONTRACT
An obligation whereby an agreement entered unto upon sufficient consideration to do or not to do a particular thing	CONTRACT
TRUE OR FALSE: While all contracts are agreements, not all agreements are contracts	TRUE
Only those that give rise to _______ is called a contract	civil obligation
TRUE OR FALSE: In criminal law, obligations and contracts always come together	FALSE
Contracts usually give rise to ____	obligation
FORMS OF CONTRACT:Terms and conditions are made known to each part either in writing or verbal	Expressed Contract
there are only those contracts that need to be in writing like sale of real property, deed of donation, last will and testament or mga utang more than _____ and amount is more than ____pesos	1 year or more; 500
FORMS OF CONTRACT:One or more terms or conditions are not definitely known but are taken for granted by operation of law	Implied Contract
FORMS OF CONTRACT: 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	Implied Contract
FORMS OF CONTRACT:Made in writing or verbal	Expressed Contract
FORMS OF CONTRACT:No written, no verbal, it is just presumed	Implied Contract
Every contract contains an ___, _____, and _____	offer, acceptance, and consideration
COMMON CONTRACT TERMS: when you *** an offer, it must be an unconditional and unequivocal acceptance to the exact terms of the offer; if not, it becomes a counteroffer	Acceptance
COMMON CONTRACT TERMS: _____clauses set up provisions whereby independent and binding arbitrators settle contractual disputes	Arbitration
COMMON CONTRACT TERMS: Standard contract clauses use universal language as a type of template	Boilerplate
COMMON CONTRACT TERMS: Usually found at the end of the contract	Boilerplate
COMMON CONTRACT TERMS: _____clauses include arbitration clauses, entire agreement clauses, and force majeure clauses	Boilerplate
COMMON CONTRACT TERMS:when one part of the contract accuses the other party of not following the terms of the contract	Breach
the statute of limitations for breach of contract is ____ if written but only ____ if oral	10 years; 6 years
COMMON CONTRACT TERMS:provisions of a contract that specify a particular occurrence	Conditions
COMMON CONTRACT TERMS:In the event these conditions happen, this is what the contract does in response	Conditions
COMMON CONTRACT TERMS:something of value that is bargained for and given in exchange for the promise contained in the offer	Consideration
COMMON CONTRACT TERMS:e.g. I will make a denture, the object is making a denture, the ____ is ung ibabayad sayo in exchange	Consideration
COMMON CONTRACT TERMS:something such as monetary compensation, that is awarded for a breach of contract	Damages
COMMON CONTRACT TERMS:a clause that protects the contracting parties by declaring that the contract represents the complete and final agreement between the parties	Entire Agreement
COMMON CONTRACT TERMS:a clause in contracts that excuses a part from not performing their contractual obligations due to unforeseen events beyond their control	Force Majeure
COMMON CONTRACT TERMS:_____ of loan is an agreement where one party guarantees a second party’s loan obligation to a third party	Guaranty
COMMON CONTRACT TERMS:the ___ is a promise to carry out the terms of the proposed transaction, in exchange for the consideration	offer
COMMON CONTRACT TERMS:introductory paragraphs of a contract that describe the nature of the contract and why each party has elected to enter into the agreement	Recitals
Should be intelligently given with an exact idea of what it refers to be free and spontaneous by the contracting parties	Consent
First element of contract	Consent
is an indispensable element for the existence of consent; legal consent presuposses_____	Legal capacity
consent given through the following renders the contract voidable: these are the circumstances that will affect the consent which is proven would nullify the contract	Vitiation of Consent
Vitiation of Consent:transgresses intelligence; Example: patient is no read no write but made to sign a written consent	Mistake
Vitiation of Consent:transgresses freedom of consent; Pirmahan mo iton last will and testament or bang; pinilit ka; babarilin ka or kinuha yung kamay mo and ginuide sa pagpirma mo	Violence/force
Vitiation of Consent:transgresses freedom of consent; Tinakot ka; pirmahan mo to or papatayin mo nanay mo/ anak mo	Intimidation
Vitiation of Consent:transgresses reasonable freedom of choice; Kung hindi mo pipirmahan hindi ka iemploy/ promote	Undue influence
Vitiation of Consent:transgresses spontaneousity; Kalokohan/ linoko ka kaya pinirmahan mo yung contract	Fraud
The thing which is agreed upon receiving the consideration to do or not to do	Object or Subject Matter
Thing, right, or services which is the subject matter of the obligation arising from the contract	Object or Subject Matter
The aim of purpose of the contract	Object or Subject Matter
aanakan kita pero hindi ko susuportahn anak mo; bc sa law if anak mo suportahan mo; no more no less (violates law and moral)	Morality
generally accepted principles of morality which have received some social and practical recognition in the community for so long; ethical na ginagawa sa community ng matagal na (traditional belief and custom)	good customs
order or rules that is established for the protection of the public (public safety); these are usually anticrime; e.g. obey the stop signs; anything na ginagawa for the protection of the public for public safety	public order
almost same lang; systems of law regulatory measures para maregulate yung peace and order; to make society better; maintain delivery of goods and services; aim is to direct good flow of services; mga ineestablish na dapat sundan para maayos ung pamamaraan	public policy
A promise or a performance bargained by a promisor in exchange of that promise	Cause or Consideration
The price asked by a promisor in entering into a subject matter of a contract	Cause or Consideration
States why each party is joining to an agreement; something worth bargaining for	Cause or Consideration
Cause or Consideration: the cause is the prestation or promise of a thing or service by the other i.e., dental treatments	onerous contracts
"Cause or Consideration:o the ___ is the service or benefit which is to be compensated i.e., job contracts"	Cause
Cause or Consideration: the cause is the mere liberality of the benefactor i.e., donation	contracts of pure beneficence
Contract without ___, or with ____ produce no effect whatsoever	cause; unlawful cause
Contracts are perfected by a mere____, and from the moment, the parties are bound to all the _____ stipulated and all the consequences which according to their nature, maybe in keeping with _____	consent; terms and condition; good faith, usage and law
All contracts in Civil Code are ____, Except _____, and are perfected from the moment the parties agree as regards the definite subject matter and a fixed consideration	consensual; real contracts
The moment of perfection, ____ arise and are ___ between the parties and their heirs	obligation; binding
Consent is manifested through ____	acceptance
DOCTRINES APPLIED IN CONTRACTS: “I give that you may give”; bibigay ko kasi bibigay mo din	Do ut Des
DOCTRINES APPLIED IN CONTRACTS: 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	Do ut Des
DOCTRINES APPLIED IN CONTRACTS“I perform so that you are to perform”; (gawin ko to gawin mo din yan)	Facio ut facias
DOCTRINES APPLIED IN CONTRACTSsignifies 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	Facio ut facias
DOCTRINES APPLIED IN CONTRACTS“I do that you may give”; gawin ko to, ibigay mo yan (usually sa dentist patient)	Facio ut des
DOCTRINES APPLIED IN CONTRACTSa 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	Facio ut des
DOCTRINES APPLIED IN CONTRACTS “I pay in order that you may perform”;	Do ut facias
DOCTRINES APPLIED IN CONTRACTSwhen one agrees with the employee to give such wage based on performance	Do ut facias
Contracts that was validly or legally entered by two consenting/contracting parties; But, one party is prejudiced than the other; impartial or unequal contract	RESCISSIBLE CONTRACTS
Court may rescind the contract if one party would suffer damages more than the other from a contract agreement in the interest of equity	RESCISSIBLE CONTRACTS
contracts are annullable, even though there may been no damage	VOIDABLE CONTRACTS
TRUE OR FALSEvoidable contracts are binding, even if they have not annulled by a proper action in court; they are susceptible of ratification	FALSE
VOIDABLE CONTRACTS:Those where one of the parties is incapable of ____ to a contract i.e. minor aged contracting party	giving consent
VOIDABLE CONTRACTS: Those where the consent is vitiated by __________	mistake, violence, intimidation, undue influence, or fraud
Below 18 na nagenter ng marriage contract, w/in __yrs pwede ipaannul on the grounds of incapability of giving consent at the time the marriage contract was entered	5
When contract is not in writing; no basis to enforce the contract obligations	UNENFORCEABLE CONTRACTS
Contracts that are null and void from the very beginning because of its impossibility	VOID CONTRACTS
VOID CONTRACTS: Those whose cause, object or purpose is contrary to _____________	Law, morals, good customs, public order or public policy
VOID CONTRACTS:Those which are absolutely ______; Kunya kunyari; marriage contract na pinagawa mo sa rekto, ipinangalan mo sa feeling mo asawa mo pero wala naman marriage na nangyari	simulated or fictitious
VOID CONTRACTS:Those whose cause or object ______ at the time of the transaction; E.g. ibenenta ko yung anak ng baboy namin na lima, akin na yung babayarin mo pero yung object (baboy) wala pa	did not exist
VOID CONTRACTS:Those whose object is outside the ____ of men	commerce
VOID CONTRACTS:Those which contemplate an _____ service	impossible
VOID CONTRACTS:Those where the _____of the parties relative to the principal object of the contract cannot be ascertained	intention
VOID CONTRACTS: Those expressly__________ by law	prohibited or declared void
VOID contracts cannot be _____, neither can the right to set up the defense of illegality be waived	ratified