What is an express term?
What is an express term?
Express terms are the terms of the agreement which are expressly agreed between the parties. Ideally, they will be written down in a contract between the parties but where the contract is agreed verbally, they will be the terms discussed and agreed between the parties.
What is a vitiating factor?
Vitiating factors in a contract are those factors the existence of (any of) which will cripple or invalidate the contract. Vitiating elements of contract such as mistake, duress, misrepresentation, undue influence and illegality, are determinants of the validity of a contract.
How can a contract be discharged?
Contracts can be discharged by performance: complete performance discharges both sides; material breach discharges the breaching party, who has a right to claim damages; substantial performance obligates the promisee to pay something for the benefit conferred but is a breach.
What makes a contract void?
A contract may be deemed void should the terms require one or both parties to participate in an illegal act, or if a party becomes incapable of meeting the terms. Alternatively, a contract is voidable when one or both parties were not legally capable of entering into the agreement, such as when one party is a minor.
What does vitiate mean in law?
To impair or make void; to destroy or annul, either completely or partially, the force and effect of an act or instrument. Mutual mistake or Fraud, for example, might vitiate a contract.
What does Saturnalian mean?
of unrestrained and intemperate
What are the causes to vitiate consent?
The main vitiating factors in the law of contract are: misrepresentation, mistake, undue influence, duress, incapacity, illegality, frustration and unconscionability. A misrepresentation is an untrue or misleading statement of fact which induces a person into a contract.
How is consent vitiated?
Intelligence in consent is vitiated by error; freedom by violence, intimidation or undue influence; and spontaneity by fraud. Thus, a contract where consent is given through mistake, violence, intimidation, undue influence or fraud is voidable.
What is a duress?
Duress describes the act of using force, false imprisonment, coercion, threats, or psychological pressure to compel someone to act contrary to their wishes or interests.
What are the vices of consent?
The vices of consent can be defined as those circumstances affecting the nature of consciousness and the free will to conclude a legal act. According to the legislation in force, namely the Civil Code, consent is corrupted when given in error, surprised by fraud or torn by violence.
Who Cannot give consent to a contract?
“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.” ABSOLUTE INCAPACITY HOWEVER, “Where necessaries are sold and delivered to a minor or other person without capacity to act, he must pay a reasonable price therefor.
Why are obligations under the civil code a juridical necessity?
2. Why are obligations under the Civil Code a juridical necessity ? Explain . It is because the obligor or the oblige has a right to call upon the courts of justice , and you can legally demand what is due .
What are the requisites of a valid consent?
CONSENT. A consent is manifested by the concurrence 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.
What are the three essential requisites of a contract?
There is no contract unless the following requisites concur: (1) Consent of the contracting parties; (2) Object certain which is the subject matter of the contract; (3) Cause of the obligation which is established.
What are the obligations according to prestation?
according to the nature of the prestation: Personal obligation – the prestation is to do or not to do an act: Positive obligation – to do an act. Negative obligation – not to do an act.
Can violence and intimidation vitiate a contract at the same time?
A contract where consent is given through mistake, violence, intimidation, undue influence or fraud is voidable. “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.
Can S legally withdraw from the contract on the ground of mistake?
S can legally withdraw from the contract on the ground of mistake because under Article 1331, 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 …
What are the sources of obligations?
Obligations arise from: (1) Law; (2) Contracts; (3) Quasi‐contracts; (4) Acts or omissions punished by law; and (5) Quasi‐delicts. Sources of Obligations Law — when they are imposed by law itself. Ex: Obligation to pay taxes; obligation to support one’s family Contracts.