Forming a valid contract
From first exchange to agreement: negotiation, offer and acceptance, validity conditions, defects of consent, nullity and the classifications of contracts.
- 26 cards
- 5 topics
- Free
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Each topic is weighted the way the exam weighs it.
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Offer: what is it?
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A proposal, made to a specific person or to the public, that contains the essential terms of the contract and expresses its author's will to be bound if it is accepted.
A precise, firm offer binds its author: accepting without reservation is enough to form the contract. A mere invitation to negotiate does not.
After three weeks of negotiations, a customer breaks off abruptly for no reason while the provider has incurred costs. What does the law say?
- Breaking off is free, but it requires compensation if done in bad faith
- The contract is already formed by the mere fact of having negotiated for several weeks
- The customer must pay the provider all the profit the contract would have brought him
- The provider can require the customer to sign
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Breaking off is free, but it requires compensation if done in bad faith
One is free to negotiate and to break off, but must do so in good faith. An abusive break engages its author's liability, without creating the contract or giving a right to the gains the contract would have brought.
Article 1128 of the Civil Code requires three conditions: the parties' …, their … to contract and … content.
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Article 1128 of the Civil Code requires three conditions: the parties' consent, their capacity to contract and lawful and certain content.
A contract lacking one can be annulled. Consent must also be free of defects.
Fraud (dol): what is it?
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Tricks, lies or deliberate silence by one party to obtain the other party's consent.
Silence counts when it hides information known to be decisive. Fraud makes the contract voidable, and it may also give a right to damages.
A 15-year-old subscribes alone to a €600-a-year plan. Which condition is lacking, and what is the sanction?
- Consent; absolute nullity, which any interested third party can invoke in court
- Content; the subscription is valid but halved
- Capacity; relative nullity, which his parents can ask for
- None; a minor over 14 contracts freely
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Capacity; relative nullity, which his parents can ask for
A minor lacks capacity to contract, except for everyday acts. A yearly plan of this size is not one of them. Nullity is relative because it protects the minor.