Exam (elaborations)
COMM 315 Midterm 2 with actual questions and answers Concordia University
- Course
- COMM 315
- Institution
- Concordia University ( )
COMM 315 Midterm 2 with actual questions and answers Concordia University
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COMM 315 Midterm 2 with actualquestions and answers Concordia
University
In order for an obligation to exist, there are three basic requirements: - - at least
two parties who agree to do something for each other
- must be a prestation
-must be a lawful reason for undertaking the obligation
Distinction between legal and natural obligations - - Legal: sanctioned by law and
enforceable before the courts
- Natural: binds you by conscience only
Synallagmatic or bilateral contracts - in which both parties have agreed to
perform an obligation
Unilateral Contract - in which one party undertakes to perform an obligation
Commutative contract - one in which the values exchanged by both parties are
theoretically equal
Aleatory Contract - a contract where the values exchanged may not be equal but
depend on an uncertain event
Consumer contract - a contract for the supply of goods or services, or for a sale or
grant of interest in land, to an individual purchasing the goods, services or land
for personal, domestic or household use
What is a contract? - - an agreement of wills (by 2 or more parties)
- performed in good faith
- either onerous or gratuitous (both parties have obligations/ one party has an
obligation given as a gift)
- either instantaneous or successive (obligations carried out immediately or over
time)
, - oral or written
Formation of a Contract - - offer = determinate or indeterminate/ period of time
the offer is valid / lapses
- acceptance = express or tacit / counter offer / silence
- consideration
Essential Elements of a Contract (7) - 1. An Exchange
2. Of consents (must be free and enlightened, not made out of fear, error or
lesion)
3. Between two persons
4. having capacity to contract (18+ and of sane mind, unassisted)
5. in any form unless a special form is required
6. A cause (cannot be illegal)
7. An object (cannot be illegal)
Excusable error - honest, both parties in good faith, a mistake
Inexcusable Error - affects could've been known if dilligence were used
fraud - wrongful or criminal deception intended to result in financial or personal
gain
fear - fear is induced by violence or threat to exercise a right or power over
someone
lesion - serious disproportion between prestations
Invalid consent - Legally invalid if the patient's consent was gained by fraud, under
duress, or by misrepresentation.
-Patient is acting with belief in an untrue statement, the patient is not competent,
patient in severe pain
contract nullity - deemed to have never existed
Contract Cancellation - valid in the past, but ceases to be valid from date of
cancellation
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