Академический Документы
Профессиональный Документы
Культура Документы
Submitted by:
Febie Fairie A. Talactac
Submitted to:
Engr. Julius Escobar
Class Schedule:
S 4:00pm-7:00pm
Date:
November 26, 2011
TABLE of CONTENTS
Introduction
3
Contract: General Provisions
Types of Contract
B. Express Contracts
C. Implied Contracts
5
D. Executed and Executory Contracts
6
E. Bilateral and Unilateral Contracts
F. Unconscionable Contracts
G. Adhesion Contracts
H. Aleatory Contracts
11
C. Alternative Obligations
12
D. Joint and Solidary Obligations
14
E. Divisible and Indivisible Obligations
16
F. Obligations with a Penal Clause
16
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Recommendation
17
References
17
I. Introduction
A contract is an agreement entered into by two parties or more
with the intention of creating a legal obligation, which may have elements
in writing. Contracts can be made orally. The remedy for breach of
contract can be "damages" or compensation of money. In equity, the
remedy can be specific performance of the contract or an injunction. Both
of these remedies award the party at loss the "benefit of the bargain" or
expectation damages, which are greater than mere reliance damages, as
in promissory estoppel.
An obligation is a requirement to take some course of action,
whether legal or moral. There are also obligations in other normative
contexts, such as obligations of etiquette, social obligations, and possibly
in terms of politics, where obligations are requirements which must be
fulfilled. These are generally legal obligations, which can incur a penalty
for unable to fulfil, although certain people are obliged to carry out certain
actions for other reasons as well, whether as a tradition or for social
reasons. Obligations vary from person to person: for example, a person
holding a political office will generally have far more obligations than an
average adult citizen, who they will have more obligations than a child.
Obligations are generally granted in return for an increase in an
individuals rights or power.
II. CONTRACT: General Provisions
Art. 1305. A contract is a meeting of minds between two persons
whereby one binds himself, with respect to the other, to give something or
to render some service.
Art. 1306. The contracting parties may establish such stipulations,
clauses, terms and conditions as they may deem convenient, provided
they are not contrary to law, morals, good customs, public order, or public
policy.
Art. 1307. Innominate contracts shall be regulated by the
stipulations of the parties, by the provisions of Titles I and II of this Book,
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Art. 1180. When the debtor binds himself to pay when his means
permit him to do so, the obligation shall be deemed to be one with a
period, subject to the provisions of Article 1197.
Art. 1181. In conditional obligations, the acquisition of rights, as
well as the extinguishment or loss of those already acquired, shall depend
upon the happening of the event which constitutes the condition.
Art. 1182. When the fulfilment of the condition depends upon the
sole will of the debtor, the conditional obligation shall be void. If it
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http://law.jrank.org/pages/5701/Contracts.html
http://www.luiss.it/erasmuslaw/scozia/obligations.htm
http://www.chanrobles.com/civilcodeofthephilippinesbook4.htm
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