Practice question
Does capacity to act alone establish that contractual consent was free of fraud or intimidation?
- No; capacity and vitiated consent are distinct inquiries
- Yes, every competent adult is immune from deception
- Yes, fraud requires minority in every case
- Yes, intimidation cannot affect adults
- Yes, capacity makes every contract valid
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1328,1330 and1332.
- Alamayri v Pabale GR151243 April30,2008 MAIN: https://lawphil.net/judjuris/juri2008/apr2008/gr_151243_2008.html MAIN burden, distinct guardianship and contract-capacity inquiries.
- Almeda v Heirs of Almeda GR194189 September14,2017 MAIN: https://lawphil.net/judjuris/juri2017/sep2017/gr_194189_2017.html
Answer this question in flashcards to review your response and continue practicing.