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Can the acceptance still be withdrawn? Art. 1327. The following cannot give consent to a
YES. As long as the offeror has still no knowledge of the contract:
acceptance, because there is still no meeting of the (1) Unemancipated minors;
minds. (2) Insane or demented persons, and deaf-mutes
whodo not know how to write.
Art. 1320. An acceptance may be express or implied.
LEGAL CAPACITY important to give consent
Forms of acceptance Presumed to have no legal capacity
1. express 1. insane/ demented
2. implied 2. deaf mutes (no read no write) [if can read and
write, valid]
Art. 1321. The person making the offer may fix the 3. unemancipated minors
time, place, and manner of acceptance, all of which
must be complied with. EXCEPTIONS IN UNEMANCIPATED MINORS
1. minor who misrepresented his age (estoppel)
Art. 1322. An offer made through an agent is a. active misrepresentation
accepted from the time acceptance is communicated b. body of minor can pass adult
to him. 2. involves sale and delivery of necessaries to
minors
Art. 1323. An offer becomes ineffective upon the 3. refers to natural obligations fulfilled voluntarily by
death, civil interdiction, insanity, or insolvency of a minor (18-21)
either party before acceptance is conveyed. 4. marriage settlement or donation proper nuptias
5. life, health, accident insurance
RULES ABOVE: 6. deposits
(1) The offeror may fix the time, place and manner 7. support
of acceptance
(2) An offer made through an agent is accepted Those INCOMPETENT may still give his consent to a
from the time the acceptance is communicated contract upon guardianship (can enter contract only
to the offeror through guardian or else contract is voidable)
(3) Cases where offer becomes ineffective, when
either party encounters such before acceptance Under Sec. 2. Rule 92 of the New Rules of Court the
is known to the offeror word incompetent includes
a. death 1. persons suffering from civil interdiction
b. civil interdiction 2. hospitalized leppers
c. insanity 3. prodigals
d. insolvency 4. deaf and dumb (no read and write)
5. unsound mind (even with lucid intervals)
Art. 1324. When the offerer has allowed the offeree a 6. those who by reason of age, weak mind, and
certain period to accept, the offer may be withdrawn other similar causes, cannot, without outside aid,
at any time before acceptance by communicating take care of themselves and manage their
such withdrawal, except when the option is founded property becoming thereby an easy prey for
upon a consideration, as something paid or deceit and exploitation
promised.
Art. 1328. Contracts entered into during a lucid
If the option is without any consideration, the offeror interval are valid. Contracts agreed to in a state of
may withdraw his offer by communicating such drunkenness or during a hypnotic spell are voidable.
withdrawal to the offeree at anytime before acceptance;
Art. 1329. The incapacity declared in Article 1327 is d. Quantity of a thing mistake should not only
subject to the modification determined by law, and is refer to the material out of which the thing is
understood to be without prejudice to special made
disqualifications established in the laws. i. Voidable mistake as to the extent
of the object of the contract
DISQUALIFICATIONS TO CONTRACT law provides ii. Not voidable mistake in the
1. Art. 133 Donations between spouses are void computation
2. Art. 1490 Spouses cannot sell property to 2. Mistake as to person
each other with exceptions Requisites to vitiate consent:
3. Art. 1491 Persons who cannot acquire i. Mistake must be either with regard to
purchase the identity or with regard to the
qualification of one of the contracting
DISQUALIFICATION vs. INCAPACITY parties
Restrains the right to Restrains the exercise of ii. Such identity or qualification must be the
contract the right to contract principal consideration for the
Based upon public policy Based upon subjective celebration of contracts
and morality circumstances
Void Voidable Art. 1332. When one of the parties is unable to read,
or if the contract is in a language not understood by
Art. 1330. A contract where consent is given through him, and mistake or fraud is alleged, the person
mistake, violence, intimidation, undue influence, or enforcing the contract must show that the terms
fraud is voidable. there of have been fully explained to the former.
VICES OF CONSENT = makes contract voidable This is to protect a party who is at disadvantage because
1. Mistake of illiteracy.
2. Violence
3. Intimidation Art. 1333. There is no mistake if the party alleging it
4. Undue influence knew the doubt, contingency or risk affecting the
5. Fraud object of the contract.
Art. 1331. In order that mistake may invalidate Art. 1334. Mutual error as to the legal effect of an
consent, it should refer to the substance of the thing agreement when the real purpose of the parties is
which is the object of the contract, or to those frustrated, may vitiate consent
conditions which have principally moved one or
both parties to enter into the contract. GENERAL RULE: Mistake of law DOES NOT vitiate
consent
Mistake as to the identity or qualifications of one of EXCEPTION: mutual error as to the effect of an
the parties will vitiate consent only when such agreement when the real purpose of the parties is
identity or qualifications have been the principal frustrated, may vitiate consent following the requisites
cause of the contract.
REQUISITES OF MUTUAL ERROR VITIATING
A simple mistake of account shall give rise to its CONSENT
correction. 1. Mistake must be with respect to the legal effect
of an agreement
Mistake only can invalidate consent if the mistake is 2. Mistake must be mutual
about the OBJECT and CONDITIONS of the contract 3. The real purpose of the parties has been
frustrated
Two kinds of mistakes
1. Mistake of fact believes that a fact exists when Art. 1335. There is violence when in order to wrest
it does not consent, serious or irresistible force is employed.
2. Mistake of law wrong conclusion about an
interpretation of a law There is intimidation when one of the contracting
parties is compelled by a reasonable and well-
MISTAKE OF FACT grounded fear of an imminent and grave evil upon
1. Mistake to an object his person or property, or upon the person or
a. Identity of a thing property of his spouse, descendants or ascendants,
b. Substance of a thing to give his consent.
c. Conditions of a thing
To determine the degree of the intimidation, the age,
sex and condition of the person shall be borne in 1. Dolo Causante fraud employed by the party if
mind. without which the other party would not have
entered the contract = VOIDABLE CONTRACT
A threat to enforce ones claim through competent 2. Dolo Incidente fraud in the performance of the
authority, if the claim is just or legal, does not vitiate contract = DAMAGES ONLY
consent.
REQUISITES OF FRAUD
Art. 1336. Violence or intimidation shall annul the 1. Insidious words and machinations employed by
obligation, although it may have been employed by a one of the parties
third person who did not take part in the contract 2. Serious employment
3. Induced the other to enter the contract
4. Fraud not from both contracting parties or third
REQUISITES OF VIOLENCE person
1. Force employed to wrest consent must be
serious or irresistible Art. 1339. Failure to disclose facts, when there is a
2. That force is the determining cause of the party duty to reveal them, as when the parties are bound
to enter the contract by confidential relations, constitutes fraud.
2. Relative contracting parties state a false cause 1. Art. 130 Allows future spouses to donate to each
in the contract to conceal their true agreement other
2. Art. 1080 Allows a person to make a partition of
CONTRACT OF ADHESION prepared by one party his estate by an act inter vivos
while the other party merely affixes its signature; binding
just as ordinary contracts
SECTION 3 CAUSE OF CONTRACTS
SECTION 2 OBJECT
Art. 1350. In onerous contracts the cause is
Object if not the most fundamental, the most understood to be, for each contracting party, the
indispensable requisite prestation or promise of a thing or service by the
other; in remuneratory ones, the service or benefit
Art. 1347. All things which are not outside the which is remunerated; and in contracts of pure
commerce of men, including future things, may be beneficence, the mere liberality of the benefactor.
the object of a contract. All rights which are not
intransmissible may also be the object of contracts. Art. 1351. The particular motives of the parties in
entering into a contract are different from the cause
No contract may be entered into upon future thereof.
inheritance except authorized by law.
CAUSE essential reason which moves the contracting
All services which are not contrary to law, morals, parties to enter into the contract
good customs, public order or public policy may The motives which impel one to a sale or purchase are
likewise be the object of a contract. not always the consideration of the contract as the term
is understood in law.
Art. 1348. Impossible things or services cannot be Motives may be the appearance of the bag but the
the object of contracts. cause of purchase is the money (part of vendor)
Art. 1349. The object of every contract must be CAUSE vs. MOTIVE
determinate as to its kind. The fact that the quantity Direct and most proximate Indirect, remote reasons
is not determinate shall not be an obstacle to the reason of the contract
existence of the contract, provided it is possible to Objective or juridical Personal reason
determine the same, without the need of a new reason
contract between the parties Always the same Differ for each contracting
party
CAN BE OBJECTS OF CONTRACT Illegality of such affects Illegality of such does not
1. Within commerce of men contract affect contracts
a. Susceptible of appropriation
b. Transmissible CAUSE IN ONEROUS CONTRACTS - the prestation or
2. Real or possible promise of a thing or service by the other. From this it
3. Licit necessarily follows that a promise made by one party
4. Determinate or possible to determination may be a sufficient cause for a promise made by another
party. It is not, therefore, necessary that the cause or
CANNOT BE OBJECTS OF CONTRACT consideration should pass from one party to the other at
1. Outside commerce of men the time of the execution of the contract
a. Common things
b. contrabands ACCESSORY CONTRACT - the cause of the accessory
2. Intransmissible rights contract is identical with that of the principal contract
3. Future inheritance (except in cases expressly
authorized by law) CAUSE IN REMUNERATORY CONTRACTS - the
4. Illicit cause in remuneratory contracts is the service or benefit
5. Impossible things which is remunerated
6. Not determinable things
CAUSE IN CONTRACTS OF PURE BENEFICENCE
NOTE THAT!!!! Things have perished cannot be a mere liberality of the benefactor
subject to a contract because they are inexistent
Art. 1352. Contracts without cause, or with unlawful
GENERAL RULE: No contract may be maid upon future cause, produce no effect whatever. The cause is
inheritance unlawful if it is contrary to law, morals, good
EXCEPTIONS: customs, public order or public policy.
Art. 1353. The statement of a false cause in
contracts shall render them void, if it should not be
proved that they were founded upon another cause
which is true and lawful.