ECE Laws, Obligations and Contracts

ECE Laws, Contracts and Ethics

Assignment:

1.

What is a contract?

2.

Distinguish contract from pacto or stipulation.

3.

What are the stages in the life of a contract?

4.

What are the elements of a contract?

5.

Distinguish express contract from implied contract.

6.

What are innominate contracts? Give examples.

7. May the validity or compliance of a contract be left to the will of one of the contracting parties? Why? 8.

To whom are contracts binding?

9.

What is a stipulation “ pour autrui”? Give example.

10. When do contracts become perfect? 11. What are the essential requisites of a contract? 12. What is consent? 13. How is consent manifested? 14. What is an offer? 15. What is acceptance? 16. M offered to trade his sawmill for some tractors of L Company. Upon receipt of the offer, the manager of the L Company replied that the company was” willing to the proposition” and he advised M to see the property officer of the

Company for a possible arrangement. Is there a perfect contract of barter as to entitle M to demand specific performance? Reasons. 17. When will an offer become ineffective? 18. Arturo offered to sell to Bent a parcel of land, the offer to remain open until March 5, 1966; Arturo notified Benito that he withdrew his offer. Nevertheless, on March 2, 1966, Benito tendered the purchase money, which Arturo refused to accept. Can Benito compel Arturo to sell the land? Why?

19. What is an option?

20. X, in Legaspi, wrote Y, in Manila, offering certain goods for sale at a certain price. Y wrote a letter to X accepting the offer and sent it through the mail. Before X received the letter, he received a telegram from Y stating that he withdrew the acceptance. Was a valid contract made? Reasons.

21. What is the effect of newspaper advertisement? 22. Who cannot give valid consent to a contract?

23. What are the causes for vitiating or invalidating consent? 24. Distinguish causes for vitiating consent from causes of incapacity. 25. What kind of mistake will invalidate consent? 26. What kind of violence will invalidate consent? How about threat or intimidation? 27. What threat will not invalidate consent?

28. Distinguish “causal fraud” from “incidental fraud”.

29. What is the effect of fraud or deceit committed by a third person?

30. What is the effect on the contract where both parties are guilty of fraud? 31. What are the effects of simulated contracts? 32. What thing may the subject matter of contracts? 33. What kind of rights may be the subject matter of contracts? Give example. 34. What services may be the subject matter of contracts? 35. What are the kinds of impossibility? Give example. 36. What is the cause or consideration? 37.

What is the cause or consideration in the following?

38. Distinguish motive from cause or consideration. 39. Does illegality of motive affect the validity of a contract? How about illegality of consideration? 40. What would be the effect: a.

if the cause is unlawful; and

b.

if the cause is false

41. Discuss briefly the effect if inadequacy of consideration in a contract. What is a reformation? 42. Necessities of a contract with mutual in order to be reformed. 43. Cases where there is no reformation. 44. What are rescissible contracts?

45. What is rescission? 46. What are the requisites of rescission?

47. Give examples of rescissible contracts? 48. Distinguish rescission of contracts from resolution of obligation.

49. Discuss briefly the effects of rescission.

50. What are voidable contracts? 51. Distinguish annulment from rescission. 52. A young man, 20 years and 11 months of age who looked 25 years of age, misrepresented himself to be over 21 and made a contract which was not a “necessary” for which he would be liable. Can such young man ask for annulment of the contract on the ground of legal incapacity? Reason. 53.

Who may file an action for annulment of a voidable contract?

54. X, a married minor, sells a piece of land belonging to him without the intervention or consent of his parent. Is the contract void, voidable, and valid or rescissible? Why? 55. State the effects of ratification of a voidable contract. 56. A sold with right to repurchase certain property. The purchase price was inadequate. After reaching his legal age, the vendor sold to the same purchaser his right of redemption for a reasonable value. State what right of action the vendor has if he has any, based upon the fact that when the first sale took place he was a minor. Give reasons.

57. State whether a contract between Amador and Basilio is valid, voidable or void in each of the following cases, in each case assuming consideration, legality of subjectmatter, legal capacity to contract, and complete compliance with the Statute of Frauds. 58. What are unenforceable contracts? 59. What contracts are enforceable by action unless they are in writing and signed by the person sought to be charged or his agent? 60. .

State the scope of the Statute of Frauds.

61.

What will constitute a sufficient memorandum under the Statute of Frauds?

62. How may contracts infringing the Statute of Frauds be ratified? 63. X claims that Y fraudulently misrepresented a material fact and thereby fraudulently induced X to make a certain contract. Can X rely upon the Statute of Frauds in support of his claim? Why? 64.. Andres met Benito and said to him, “For how much will you sell me 100 cavans of pallet?” Benito replied, “At 12.00 pesos a cavan cash upon delivery.” Andres said, “All right I accept, deliver the pallet to my warehouse tomorrow morning.” The next day the price of palay dropped to 10.00 pesos a cavan. And when Benito offered delivery the next morning, Andres refused to accept and pay. Can Benito compel Andres to accept delivery and pay if the latter denies the contract? Why? 65. Amado borrowed 2,000 pesos from Benigno. He agreed to repay the whole amount in one payment after two years. The agreement was oral. After two years when Benigno demanded for payment, Amado refused to pay. Can Amado avail himself of the Statute of Frauds as a defense? Reasons. 66. What contracts are inexistent and void? 67. Distinguish void contracts from voidable contracts. 68. Discuss briefly the effects of void contracts upon the parties. 69. Two persons entered into a contract of lease of services under the express stipulation that all questions arising in the performance of the contract shall be

submitted to a board of three arbitrators whose decision shall be conclusive and binding upon the parties without any recourse by any of them to the 70. Y company purchased a competitor, X, with the stipulation that X should thereafter not engage in any business in the Philippines without the consent of Y company. Is the stipulation valid? Why? _______________________________ Part 1 no. 1-20 will be submitted on August 31 Part 2 21-50 will be submiited on September 10 Part 3 51-70 will be submiited on September 17 use arial font 12. All references used in answering the assignment must be properly cited. use APA format. The topics covered in the assignment will be the coverage of ECE laws from midterm to finals.