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Contract <br />A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, give something or to render some service. It is promise or a set of promises which the law recognizes as duty and when the duty is not performed, the law provides a remedy.<br />Kinds of Contracts<br />,[object Object]
Ex: marriage contract, mortgages, deeds of sale, work contracts

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Contract

  • 1.
  • 2. Ex: marriage contract, mortgages, deeds of sale, work contracts
  • 3. Informal Contract- one which is concluded as the results f a written document or correspondence where the law does not require the same to be in writing, or as a result of oral and spoken discussion between the parties or conduct between the parties, evidence and intention to contract.
  • 4. Express contract- one which the condition and terms of the contract are given orally or in writing by the parties concerned. An example of this usually found in formal contracts wherein the kind of services offered, salary, date and time of effectivity including fringe benefits, if any, are specified.
  • 5. Implied Contract- is one that is concluded as a result of acts of conduct of the parties to which the law ascribes an objective intention to enter into contract. To avoid subsequent problems, nurses are advised to clarify the terms and conditions of employment before assumption of work with the prospective employer.
  • 6. Void Contract- is the one that is inexistent from the very beginning and therefore may not be enforced.
  • 7. Ex:
  • 8. Those contracts wherein one of the parties is incapable of giving consent to a contract.
  • 9. Those whose consent is vitiated by mistake, violence, intimidation, undue influence or fraud.
  • 10. Illegal Contract- is one that is expressly by the laws. Contracts obtained through use of fraud(deception and trickery), undue(unlawful), influence or duress( coercion).
  • 11. Ex:
  • 12. Those that are made under the protection of the law.
  • 14. Those obtained under duress. Duress means actual or threat of violence or imprisonment in order to obtain consent.
  • 15. Those obtained under undue influence.
  • 16.
  • 17. The parties involved must give consent to contract.
  • 18. The object which is the subject matter of the contract must be specified such as:
  • 19. All things which are not outside the commerce of man;
  • 20. All rights which are not intransmissible;
  • 21. Future inheritance in cases expressly authorized by law
  • 22. All service which are not contrary to law, morals, good customs, public order and public policy.
  • 23. The cause of obligation is established. The time, price, and subject matter are expressed. Generally, the length of time of contact for service is at least equal to the period for w
  • 24. hich wages or salaries are payable.
  • 25. Contracting parties must have the legal capacity to enter into a contract. They must be:
  • 28. Not be under the influence of intoxicating drugs, or fear of bodily harm
  • 29.
  • 31.
  • 32. It can specify a definite time within which it is a binding so as to protect both sides against sudden changes without notice.
  • 33. It sets standard and relieves an individual professional person from haggling over compensation.
  • 34. It is definite and can be definite in every details which may otherwise stimulate favouritism even among professionals.
  • 35. It can provide a definite procedure in case of complaints about substandard work
  • 36. It creates a minimum of certainty and security for the professional employee