³ meeting of the minds between two
TRANSCRIPT
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CONTRACTS
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CONTRACTS
Meeting of the minds between two personswhereby one binds himself with respect to
,the other to give something or to rendersome services
Binding agreement between 2 persons
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CONTRACTS
:haracteristics.1 Obligatory.2 Autonomy.3 Mutuality
.4 Relativity
:tages.1 Negotiation.2 Perfection
.3 Consummation
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CONTRACTS
:ELEMENTS OF VALIDITY
.1 Consent
.2 Object or subject matter
.3 Cause
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ELEMENTS OF VALIDITY:
1. Consent Legal age
Sound mind
Not under influence of intoxicating drugs Not suffering form mental disability
2.Object or subject matter Not outside commerce of man
Rights which are not intransmissible
Future inheritance in cases expressly authorized by law
All services which are not contrary to law
CONTRACTS
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.3 Cause , ,Consideration material cause ,Time price and subject matter
.4
.5
CONTRACTS
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CONTRACTS
:INDS.1 Express
.2 Implied
.3 Formal
.4 Informal
.5
Void or inexistent
.6 Voidable
.7 Illegal
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.1 Express Contracts /Formal agreement whether written oral Terms and conditions
.2 Implied Contracts
Presumed or inferred from acts ,do ut des I give that you give ,do ut facias I give you do ,facio ut des I do you give
,facio formal I do you do
CONTRACTS
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.3 Formal Contract required to be in writing by special laws
.4 Informal Contract /oral written agreement by parties concerned
not required to be written.5 Voidable Contract
Can be annulled or voided)a One party is incapable of giving consent
)b , ,Consent is acquired by mistake violence, .intimidation undue influence or fraud.6
CONTRACTS
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.6 Void or inexistent contracts Object or purpose is contrary to the law Fictitious
Object did not exist
Object beyond commerce of man Performance of impossible service Object cannot be determined with certainty , ,Declared by law as void invalid ineffective Illegal contract
CONTRACTS
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.7 Illegal Contract.1 Made in protection of law.2 ( )Consent obtained by fraud deception.3 ( )Obtained by duress coercion
.4 Under influence
.5 Material misrepresentation
CONTRACTS
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:Advantages of Written Contracts
.1 Certain
.2 Specifies definite time
.3
Sets a standard
.4 -Open and well known
.5 Definite
.6 Certainty and security
CONTRACTS
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CONTRACTS
:BREACH OF CONTRACT
Failure to perform an
agreement whether expressedor implied
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.1 Prevention of performance
.2 Failure to perform because of
inconvenience or difficulty.3 Failure of cooperation.4 Abandonment of duty.5 Substitution of performance
.6 Failure to use due care
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CONTRACTS
:LEGAL EXCUSES
.1 Discovery of materialmisrepresentation
.2 Performance is illegal
.3 Illness or force majeure
.4 Death of patient or nurse
.5 Insufficient contract
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DOMO ARIGATOU.