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    Obligations and Contracts - Additional

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    KD
    The document discusses different types of contracts and obligations: 1) An imperfect promise is merely an unaccepted offer and represents the starting point for contract formation. 2) A pact is an incidental part of a contract that can be separated from the principal agreement. 3) A stipulation is an essential and dispositive part of a contract that cannot be separated from the principal agreement. 4) An ordinary contract creates an agreement between two or more parties and results in a contract once executed, which can then be terminated. In contrast, a marriage contract creates a status that cannot be dissolved.

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    Obligations and Contracts - Additional

    Uploaded by

    KD
    51 views1 page
    The document discusses different types of contracts and obligations: 1) An imperfect promise is merely an unaccepted offer and represents the starting point for contract formation. 2) A pact is an incidental part of a contract that can be separated from the principal agreement. 3) A stipulation is an essential and dispositive part of a contract that cannot be separated from the principal agreement. 4) An ordinary contract creates an agreement between two or more parties and results in a contract once executed, which can then be terminated. In contrast, a marriage contract creates a status that cannot be dissolved.

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    Obligations and Contracts - Additional

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    The document discusses different types of contracts and obligations: 1) An imperfect promise is merely an unaccepted offer and represents the starting point for contract formation. 2) A pact is an incidental part of a contract that can be separated from the principal agreement. 3) A stipulation is an essential and dispositive part of a contract that cannot be separated from the principal agreement. 4) An ordinary contract creates an agreement between two or more parties and results in a contract once executed, which can then be terminated. In contrast, a marriage contract creates a status that cannot be dissolved.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    51 views1 page

    Obligations and Contracts - Additional

    Uploaded by

    KD
    The document discusses different types of contracts and obligations: 1) An imperfect promise is merely an unaccepted offer and represents the starting point for contract formation. 2) A pact is an incidental part of a contract that can be separated from the principal agreement. 3) A stipulation is an essential and dispositive part of a contract that cannot be separated from the principal agreement. 4) An ordinary contract creates an agreement between two or more parties and results in a contract once executed, which can then be terminated. In contrast, a marriage contract creates a status that cannot be dissolved.

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    © All Rights Reserved
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    of 1

    Obligations and Contracts C.

    Imperfect Promise (Policitation)


    Discussion + Additional Info merely an unaccepted offer. Represents
    the starting point for the formation of a
    CONTRACTS contract
    D. Pact an incidental part pf a contract
    Duty of courts in interpreting contracts which can be separated from the
    - Not the province of the court to alter a principal agreement
    contract by construction or to make a E. Stipulation an essential and
    new contract for the parties. dispositive part of a contract which
    - Duty: Interpret the contract of one which cannot be separated from the principal
    the parties have made for themselves agreement
    w/o regard to its wisdom or folly as the
    court cannot supply material stipulations
    or read into the contract words which it
    does not contain

    Distinguish: Ordinary Contract


    A. Contract of Marriage
    Ordinary Marriage
    Parties 2+ persons / 1 man and 1
    different woman
    genders
    Nature, Agreement of Governed by
    consequences parties law
    and incidents
    governed
    primarily by
    Once Once marriage
    Result contract is is celebrated
    executed = status
    = contract
    Termination/ Can be Cannot
    Consummation (Indissolubility
    of marriage
    contracts)
    - Refers to
    sexual
    intercourse
    In case of Injured party Injured party to
    breach: institute an institute a civil
    Remedy action for action for legal
    damages separation or a
    criminal action
    for adultery or
    concubinage

    XPN: Anti-nuptial agreement or marriage


    settlement treated as ordinary contract already

    B. Obligation
    - The obligation is the cause, the contract
    is the effect.
    - There can be no contract without an
    obligation

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