Professional Documents
Culture Documents
Consent
Art. 1319. Consent is manifested by the meeting of the offer and
the acceptance upon the thing and the cause which are to
constitute the contract. The offer must be certain and the
acceptance absolute. A qualified acceptance constitutes a
counter-offer.
Acceptance made by letter or telegram does not bind the offerer
except from the time it came to his knowledge. The contract, in
such a case, is presumed to have been entered into in the place
where the offer was made.
Meaning of Consent:
It is the meeting of minds or mutual assent between the parties on the
subject matter and the cause which are to constitute the contract even if
neither has been delivered. Mutual assent or agreement takes place
when there is an offer and acceptance of the offer.
Requisites of Consent:
> There must be 2 or more parties.
> The parties must be capable or capacitated.
> The must be no vitiation of consent.
>There must be no conflict between what was expressly declared and
what was really intended.
> The intent must be declared properly.
Meaning of Offer:
It is a proposal made by one party (offerer) to another (offeree),
indicating a willingness to enter into a contract.
> offer must be certain or definite so that the liability of the parties may
be exactly fixed because it is necessary that the acceptance be identical
with the offer to create a contract.
> an offer made in jest or in anger, or while emotionally upset or in other
ways indicating that the same was not seriously intended is not a valid
offer.
Meaning of Acceptance:
It is the manifestation by the offeree of his assent to all the terms of the
offer. Without acceptance, there can be no meeting of the minds between
the parties.
Art. 1320. An acceptance may be express or implied.
Forms of Acceptance:
(a) Express oral or written.
(b) Implied inferred from act or conduct.
(c) Presumed (by law)
Art. 1321. The person making the offer may fix the time, place,
and manner of acceptance, all of which must be complied with.
> Option period is the period given within which the offerree must
accept the offer.
> Option money is the money paid or promised to be paid in
consideration for the option.
Exception:
The exception is when the option is founded upon a consideration, as
something paid or promised.
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Error or mistake
Violence of force
Intimidation or threat
Undue influence
Fraud or deceit
> Error which could have been avoided b the party alleging it, or which
refers to a fact known to him, or which he should have known by the
exercise of ordinary diligence, or which is so patent and obvious that
nobody could have made it, will not invalidate consent.
Effect of mistake of account:
> Where mistake simple - a simple mistake of account or calculation
does not avoid a contract because it does not affect its essential
requisites. The defect is merely in the computation of the account or
amount which can be corrected.
> Where mistake gross where the mistake was so gross that it was
clearly apparent to one party and, therefore, would be impossible to
escape his notice, said party cannot avoid liability on the ground of
mistake in computation.
Art. 1332. When one of the parties is unable to read, or if the
contract is in a language not understood by him, and mistake or
fraud is alleged, the person enforcing the contract must show
that the terms thereof have been fully explained to the former.
consent.
Meaning of mistake of law:
Mistake of law is that which arises from an ignorance of some provision of
law, or from an erroneous interpretation of its meaning, or from an
erroneous conclusion as to the legal effect of an agreement, on the part
of one of the parties.
As a rule, mistake of law does not invalidate consent because ignorance
of the law excuses no one from compliance therewith.
Requisites for mutual error to vitiate consent:
> The error must be mutual.
> It must refer to the legal effect of the agreement.
> It must frustrate the real purpose of the parties.
Art. 1335. There is violence when in order to wrest consent,
serious or irresistible force is employed.
There is intimidation when one of the contracting parties is
compelled by a reasonable and well-grounded fear of an
imminent and grave evil upon his person or property, or upon the
person or property of his spouse, descendants or ascendants, to
give his consent.
To determine the degree of intimidation, the age, sex and
condition of the person shall be borne in mind.
A threat to enforce one's claim through competent authority, if
the claim is just or legal, does not vitiate consent.
> The false appearance must have been intended by mutual agreement
> The purpose is to deceive third persons
Kinds of Simulated contracts:
(a) Absolutely simulated (simulados) fictitious contracts:
1.) Here, the parties do not intend to be bound.
2.) Effect: the contract is void.
(b) Relatively simulated (disimulados) disguised contracts:
1.) Here, the parties conceal their true agreement.
2.) Effect: The parties are bound to the real or true agreement except
> if the contract should prejudice a third person
> or if the purpose is contrary to law, morals, good customs,
public order, public policy.
SECTION 2. - Object of Contracts
Art. 1347. All things which are not outside the commerce of men,
including future things, may be the object of a contract. All
rights which are not intransmissible may also be the object of
contracts.
No contract may be entered into upon future inheritance except
in cases expressly authorized by law.
All services which are not contrary to law, morals, good customs,
public order or public policy may likewise be the object of a
contract.
Art. 1348. Impossible things or services cannot be the object of
contracts.
Concept of object of a contract
The object of a contract is its subject matter.
In reality, the object of every contract is the obligation created. But since
a contract cannot exist without an obligation, it may be said that the
thing, service, or right which is the object of the obligation is also the
object of the contract.
Kinds of object of contract
Object certain is the second essential element of a valid contract. The
object may be things (as in sale), rights (as in assignment of credit), or
services (as in agency).
Requisites of things as object of contract
> The thing must be within the commerce of men, that is, it can legally
be the subject of commercial transaction.
> It must not be impossible, legally or physically.
> It must be in existence or capable of coming into existence.
> It must be determinate or determinable without the need of a new
contract between the parties.