1.

T
2. F - A contract is a legally binding agreement that exists between two or more parties to do or not do
something. An agreement starts from an offer and ends on consideration but a contract has to achieve
another target i.e. enforceability. Due to this breach of the contract provide a legal remedy to the
aggrieved party against the guilty party. So we can say that all contracts are an agreement but all
agreements are not contracts. 
3. T
4. F – Art 1312
5. T
6. T
7. F – real contracts = delivery
8. F
9. T
10. M
11. F
12. T
13. F – valid
14. F – voidable
15. T
16. F –does not vitiate
17. T.
18. T
19. T
20. F
21. T
22. F – void or inexistent
23. F.
24. T
25. F – Interpretation of a contract
26. F – least transmision
27. T
28. T
29. F – can be ratified
30. T

1-4. Relativity of contracts. — Contracts take effect only between the parties, their assigns and heirs, except in
cases where the rights
and obligations arising from the contract are not transmissible by their nature, or by stipulation, or by provision of
law. (Art. 1311.)

5. The contracting parties by their stipulation must have clearlyand deliberately conferred a favor upon a third
person;
6. The third person must have communicated his acceptance to the obligor before its revocation by the obligee or
the original parties;
7. The stipulation in favor of the third person should be a part and not the whole of the contract or the contract
itself;
8. The favorable stipulation should not be conditioned or compensated by any kind of obligation whatever; and
9. Neither of the contracting parties bears the legal representation or authorization of the third party for otherwise
the rules on agency will apply.
10. Unemancipated minors;
11. Insane or demented persons, and deaf mutes who do not know how to write.
12. It must produce a reasonable and well-grounded fear of an
evil;
13. The evil must be imminent and grave;
14. The evil must be upon his person or property, or that of his spouse, descendants, or ascendants; and
15. It is the reason why he enters into the contract
16. There must be misrepresentation or concealment (Arts. 1338, 1339.) by a party prior to or simultaneous to the
consent or creation of
the contract
17. It must be serious (Art. 1344.);
18. It must have been employed by only one of the contracting parties.
19. It must be made in bad faith or with intent to deceive (see Art. 1343.) the other contracting party who had no
knowledge of the fraud;
20. It must have induced the consent of the other contracting party (Art. 1338.); and
21. It must be alleged and proved by clear and convincing evidence, and not merely by a preponderance thereof.

22. The mistake must be of fact (see Art. 1331.), for if it is one of law, the remedy is annulment (see Art. 1334.);
23. Such mistake must be proved by clear and convincing evidence;
24. The mistake must be mutual, that is, common to both parties to the instrument; and
25. The mistake must cause the failure of the instrument to express their true intention.
26. An agreement that by its terms is not to be performed within a year from the making thereof;
27. A special promise to answer for the debt, default,or miscarriage of another;
28. An agreement made in consideration of marriage, other than a mutual promise to marry;
29. An agreement for the leasing for a longer period than one year, or for the sale of real property or of an interest
therein;
30. A representation as to the credit of a third person