Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Oblicon Quiz 9
| Question | Answer |
|---|---|
| ART. 1319. Consent is manifested by the _____ of the _____ and the _____ upon the _____ and the _____ which are to constitute the _____. The offer must be _____ and the acceptance _____. A _____ acceptance constitutes a _____-_____. | ART. 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer. |
| ARTICLE 1319, part 2. xxx. Acceptance made by _____ or telegram does not _____ the offerer except from the _____ it came to his _____. The contract, in such a case, is _____ to have been entered into in the _____ where the _____ was _____. | ARTICLE 1319, part 2. xxx. Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made. |
| ARTICLE 1320. An acceptance may be _____ or _____. | ARTICLE 1320. An acceptance may be express or implied. |
| ARTICLE 1321. The person making the offer may fix the _____, _____, and _____ of acceptance, _____ of which must be _____ with. (n) | ARTICLE 1321. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with. (n) |
| ARTICLE 1322. An offer made through an _____ is accepted from the time acceptance is _____ to _____. | ARTICLE 1322. An offer made through an agent is accepted from the time acceptance is communicated to him. |
| ARTICLE 1323. An offer becomes ineffective upon the _____, _____ _____, _____, or _____ of _____ party before acceptance is conveyed. (n) | ARTICLE 1323. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. (n) |
| ARTICLE 1324, part 1. When the offerer has allowed the offeree a certain _____ to accept, the offer may be _____ at _____ _____ _____ _____ by _____ such _____, xxx. (n) | ARTICLE 1324, part 1. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, xxx. (n) |
| ARTICLE 1324, part 2. xxx, except when the option is founded upon a _____, as something paid or promised. (n) | ARTICLE 1324, part 2. xxx, except when the option is founded upon a consideration, as something paid or promised. (n) |
| ARTICLE 1325. Unless it appears otherwise, _____ _____ of things for sale are not _____ _____, but mere _____ to _____ an _____. (n) | ARTICLE 1325. Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer. (n) |
| ARTICLE 1326. Advertisements for _____ are simply _____ to make _____, and the advertiser _____ _____ _____ to accept the _____ or _____ bidder, _____ the _____ appears. (n) | ARTICLE 1326. Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears. (n) |
| ARTICLE 1327. The following cannot give consent to a contract: (1) _____ minors; (2) _____ or _____ persons, and _____-_____ who do not know how to _____. (1263a) | ARTICLE 1327. The following cannot give consent to a contract: (1) Unemancipated minors; (2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a) |
| ARTICLE 1330. A contract where consent is given through _____, _____, _____, _____ _____, or _____ is voidable. (1265a) | ARTICLE 1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. (1265a) |
| ARTICLE 1331, part 1. In order that mistake may invalidate consent, it should refer to the _____ of the _____ which is the _____ of the ______, or to those conditions which have _____ _____ one or both parties to enter into the contract. | ARTICLE 1331, part 1. In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract. |
| ARTICLE 1331, part 2. Mistake as to the _____ or _____ of one of the parties will vitiate consent only when such _____ or _____ have been the principal cause of the contract. | ARTICLE 1331, part 2. Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. |
| ARTICLE 1331, part 3. A simple mistake of _____ shall give rise to its _____. (1266a) | ARTICLE 1331, part 3. A simple mistake of account shall give rise to its correction. (1266a) |
| ARTICLE 1332, part 1. When one of the parties is _____ to _____, or if the contract is in a _____ not _____ by _____, and _____ or _____ is alleged, xxx. (n) | ARTICLE 1332, part 1. When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, xxx. (n) |
| ARTICLE 1332, part 2. xxx, the person _____ the contract must show that the terms thereof have been _____ _____ to the former. (n) | ARTICLE 1332, part 2. xxx, the person enforcing the contract must show that the terms thereof have been fully explained to the former. (n) |
| ARTICLE 1333. There is no mistake if the party alleging it knew the _____, ______ or _____ affecting the object of the contract. (n) | ARTICLE 1333. There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. (n) |
| ARTICLE 1334. _____ _____ as to the _____ ______ of an agreement when the real purpose of the parties is _____, may vitiate consent. (n) | ARTICLE 1334. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent. (n) |
| ARTICLE 1335, part 1. There is violence when in order to wrest consent, _____ or _____ _____ is employed. | ARTICLE 1335, part 1. There is violence when in order to wrest consent, serious or irresistible force is employed. |
| ARTICLE 1335, part 2. xxx. There is intimidation when one of the contracting parties is _____ by a _____ and _____-_____ fear of an _____ and _____ _____ upon his _____ or property, xxx. | ARTICLE 1335, part 2. xxx. There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, xxx. |
| ARTICLE 1335, part 3. xxx, or upon the person or property of his _____, _____ or _____, to give his consent. To determine the degree of intimidation, the _____, _____ and _____ of the person shall be borne in mind. | ARTICLE 1335, part 3. xxx, or upon the person or property of his spouse, descendants or ascendants, to give his consent. To determine the degree of intimidation, the age, sex and condition of the person shall be borne in mind. |
| ARTICLE 1335, part 4. xxx A _____ to enforce one's _____ through _____ _____, if the claim is _____ or _____, does not vitiate consent. (1267a) | ARTICLE 1335, part 4. xxx A threat to enforce one's claim through competent authority, if the claim is just or legal, does not vitiate consent. (1267a) |
| ARTICLE 1336. Violence or intimidation shall annul the obligation, although it may have been employed by a _____ _____ who did not _____ ______ in the contract. (1268) | ARTICLE 1336. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract. (1268) |
| ARTICLE 1337, part 1. There is undue influence when a person takes _____ _____ of his _____ over the _____ of another, depriving the latter of a _____ _____ of _____. | ARTICLE 1337, part 1. There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. |
| ARTICLE 1337, part 2. xxx. The following circumstances shall be considered: the _____, family, _____ and other relations between the parties, xxx. (n) | ARTICLE 1337, part 2. xxx. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, xxx. (n) |
| ARTICLE 1337, part 3. xxx, or the fact that the person alleged to have been unduly influenced was suffering from_____ _____, or was ignorant or in _____ _____. (n) | ARTICLE 1337, part 3. xxx, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress. (n) |
| ARTICLE 1338. There is fraud when, through _____ _____ or _____ of one of the contracting parties, the other is _____ to _____ into a contract which, _____ _____, he would not have agreed to. (1269) | ARTICLE 1338. There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to. (1269) |
| ARTICLE 1339. _____ to disclose _____, when there is a _____ to _____ them, as when the parties are bound by _____ _____, constitutes fraud. (n) | ARTICLE 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud. (n) |
| ARTICLE 1340. The usual _____ in _____, when the other party had an _____ to _____ the _____, are not _____ _____ fraudulent. (n) | ARTICLE 1340. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. (n) |
| ARTICLE 1341. A mere _____ of _____ _____ does not signify fraud, unless made by an _____ and the _____ _____ has _____ on the former's _____ ______. (n) | ARTICLE 1341. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former's special knowledge. (n) |
| ARTICLE 1342. Misrepresentation by a _____ _____ does not vitiate consent, unless such misrepresentation has created _____ _____ and the same is _____. (n) | ARTICLE 1342. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual. (n) |
| ARTICLE 1343. Misrepresentation made in _____ _____ is not fraudulent but may constitute _____. (n) | ARTICLE 1343. Misrepresentation made in good faith is not fraudulent but may constitute error. (n) |
| ARTICLE 1344. In order that fraud may make a contract voidable, it should be _____ and should not have been employed by _____ _____ _____. _____ fraud only _____ the person employing it to pay _____. (1270) | ARTICLE 1344. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. Incidental fraud only obliges the person employing it to pay damages. (1270) |
| ARTICLE 1345. Simulation of a contract may be _____ or _____. The former takes place when the parties _____ _____ _____ to be _____ at _____; the latter, when the parties _____ their _____ _____. (n) | ARTICLE 1345. Simulation of a contract may be absolute or relative. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement. (n) |
| ARTICLE 1346, part 1. An absolutely simulated or fictitious contract is _____. A relative simulation, when it does not _____ a _____ _____ xxx. | ARTICLE 1346, part 1. An absolutely simulated or fictitious contract is void. A relative simulation, when it does not prejudice a third person xxx. |
| ARTICLE 1346, part 2. xxx is not _____ for any purpose _____ to _____, _____, _____ _____, _____ _____ or public policy binds the parties to their real agreement. (n) | ARTICLE 1346, part 2. xxx is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement. (n) |
| ARTICLE 3. Ignorance of the law _____ _____ _____ from _____ therewith. | ARTICLE 3. Ignorance of the law excuses no one from compliance therewith. |
Created by:
carmi.veloza
Popular Law sets