Question

21.a. A party claiming that an agreement has been improperly written down may apply to the court for rectification of the contract if conditions are met. What are these conditions?

A) The court is satisfied that there was a complete agreement between the parties without ambiguities or additional conditions to be fulfilled.

B) The parties did not enter into further negotiations to modify the contract

C) The change appearing in the written document appears to be a drafting error and can easily be explained in this way.

D) Answers A, B and C.

E) Answers A and C only.

F) None of the above.

G) C and B responses only.

21.b. When there is a contract for the sale of specific objects, but these have perished when the contract is concluded, without the seller having knowledge of it, what happens to the contract?

A) The contract is void.

B) The contract must be resolved in favor of the buyer because it is not his fault.

C) The contract becomes illegal.

D) The contract remains enforceable and has the force of law.

E) The contract becomes illegal.

21.c. Can the time of acceptance be when the letter of acceptance is mailed when the offer itself was not mailed?

A) Yes, the time of acceptance may be when the letter of acceptance is mailed even though the offer itself was not mailed.

B) No, the time of acceptance cannot be when the letter of acceptance is mailed since the Offeror has not yet received the acceptance.

C) No, the time of acceptance cannot be when the letter of acceptance is mailed since the offer itself was not made by mail.

D) Yes, the time of acceptance can be when the letter of acceptance is mailed since the contract is already formed upon receipt of the offer by the recipient of the offer. E) No, the time of acceptance cannot be when the letter of acceptance is mailed because this means of transmission of acceptance is not very certain.

21.d. When do we talk about factual estoppel?

A) When two essential elements are met: 1) there was already a legal relationship between the parties; 2) one party promises, if not implicitly, to release the other party from its obligations to it.

B) When the reliance on the promise free of charge has caused damage to the recipient of the promise.

C) When the author of a statement affirms the veracity of this one and another trusts this statement to his detriment. Then the person who made the affirmation will be estoppel.

D) When three essential elements are met: 1) there was already a legal relationship between the parties: 2) one of the parties promises, if only implicitly to release the other party from its obligations towards it and 3) the other party, relying on this promise, changes its behavior in such a way that serious harm results if the promise is not fulfilled. The author of the affirmation will be estoppel.

E) When the author of the assertion intended from the beginning to deceive because he never intended to tell the truth. Then the author of the affirmation will be estoppel.

Answer 1

21a. D) Answers A, B and C.

21b. A) The contract is void.

21c..D) Yes, the time of acceptance can be when the letter of acceptance is mailed since the contract is already formed upon receipt of the offer by the recipient of the offer.

21.d. D) When three essential elements are met: 1) there was already a legal relationship between the parties: 2) one of the parties promises, if only implicitly to release the other party from its obligations towards it and 3) the other party, relying on this promise, changes its behavior in such a way that serious harm results if the promise is not fulfilled. The author of the affirmation will be estoppel.