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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

-

.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.