Civil law obligations and contracts
Civil law obligations and contracts
This domain tests contract formation, validity, performance, breach, and civil liability. The exam expects element-by-element analysis rather than a general fairness judgment.
Core rules
- A contract requires offer, acceptance, capacity, lawful object, and cause or consideration depending on the system; consent must be free from error, fraud, duress, and undue influence.
- Nullity is absolute and may be raised by anyone with interest; voidability protects one party and is subject to confirmation and limitation periods.
- Good faith governs negotiation, performance, and remedies; abuse of rights is not protected.
- Breach gives damages, specific performance, or termination depending on the term and gravity; damages aim to put the claimant in the position performance would have produced.
- Force majeure requires unforeseeability, irresistibility, and absence of fault; hardship may allow renegotiation but not automatic discharge.
- Tort liability requires fault, damage, and causation; strict liability applies only where statute provides.
Worked example
A minor signs a service contract without representation. The contract is voidable, not automatically void in many systems; the other party cannot enforce it against the minor, and the minor may avoid it. If the minor fraudulently misrepresented age, restitution and damages may follow under the applicable rule.
Traps
Treating every defect as nullity; ignoring cause; awarding punitive damages without basis; confusing termination with rescission; overlooking mitigation and limitation.