Uy, Joselle Angelu C. 1BSA-A Pamantasan ng Cabuyao Good day Atty. Reyes! These are my takeaways in video lecture. • Article 1318 discusses the requisites of a contract and the ckasses of elements of a contract. • Article 1319 discusses about consent. The definition of consent, offee, acceptance and counter-offer. • Article 1320 talks about the two forms of acceptance which is the express and implied. • Article 1321 talks about the person making the offer has the right to prescribe the time, place and the manner of acceptance. • Article 1322 discusses about the communication of acceptance. • Article 1233 states that an offer is ineffective upon death, civil interdiction, insanity or insolvency of either party before acceptance is conveyed. • Article 1324 talks about the option contract. • Article 1325 states that business advertisements of things for sale are not definite offers, but mere invitations to make an offer, unless it appears otherwise. • Article 1326 states that advertisements for bidders are simply invitations to make proposala and the advertisee is not bound to accept the highest or lowest bidder, unless the contrary appears. • Article 1327 talks about the persons who cannot give consent. • Article 1328 states that contracts entered in to during a lucid interval is valid while contracts agreed into in a state of drunkenness or during a hypnotic spell are voidable. • Article 1329 discusses about the modifications declared for incapacity. • Article 1330 states that a contract where consent is given through mistake, violence, intimidation, undue influence or fraud is voidable. It also discusses the characteristics and vices of consent. • Article 1331 talks about mistake. Mistake of fact amd mistake of law. • Article 1332 states that the person enforcing the contract must show that the terms are fully explained to the parties who is unable to read, or if the person don't understand the language uses in contract. • Article 1333 states that there is no mistake if the party had a doubt and is aware on the risk affecting the object of the contract. • Article 1334 talks about mutual error. • Article 1342 talks about fraud by a third person. • Article 1343 states that misinterpretation made in good faith is not fraudulent but may constitute error. • Article 1344 states that if fraud is employed by both parties, neither may ask for annulment as the fraud of one neutralizes that of the other. • Article 1345 and 1346 discusses about the simulation of contract. Also the kinds of simulation which is the absolute amd relative. • Article 1347 and 1348 states that all things, services aand rights may be the object of a contract unless it is : 1)an intransmissible rights by nature, by stipulation or provisons of law 2) a thing outside the commerce of man 3) an impossible thing or service 4) a future inheritance except in cases expressly authorized by law 5) an object which are not possible of determination as ro their kind. • Article 1349 states that the objevt of every contract must be determinate to its kind. • Article 1350 states the definition of cause as the essential or more proximate purpose which contracting parties have in view at the time of entering into the contracts • Article 1351 states the definition of motive as the purely personal or private reason which a party has in entering into a contract. • Article 1352 discusses the requisites of cause which are 1) must exist at the time the contract is entered, 2) must be lawful and 3) must be true or real. • Article 1353-1355 states that every contract is presumed to have a cause and it must be valid. Also discusses the different cause of contracts.
Leann Rain E. Meriño 1BSA-A Pamantasan ng Cabuyao Good day Atty! these are my key takeaways from the video lecture. (Article 1318) talks about the requisites of contract which are COC: consent, object, and consideration. It also discusses the classes of elements of a contract. Which are essential, natural, and accidental. Section 1. Consent (Article 1319) Discusses the definitions: Consent which is conformity of wills and having respect to contracts and having the agreement of the will of contracting party. Offer which means a proposal made by one party to another and it is said that the offer is not valid if it is made in jest, anger or when emotionally upset. Acceptance is the manifestation made by the offeree of his assent to all certain offers. Counteroffer means to contradict the main offer and attempts by the parties to create a contract with a different basis. (Article 1320) The forms of acceptance that can be express even if it is oral or written and implied inferred from act or conduct. (Article 1321) The person making the offer has the freedom to choose the time, place, and manner of acceptance. (Article 1322) There is the communication of acceptance. Acceptance must be absolute and for the agent, it is considered as an extension of the personality of the principal. (Article 1323) States the circumstances where the offer becomes ineffective. The offer becomes ineffective upon the death of offeror, insanity, civil interdiction, or an accessory penalty when a person is convicted of a crime with more than 12 years of imprisonment, and insolvency of either both parties. (Article 1324) Talks about options contracts, option periods, and option money. General rule the offer may be withdrawn as a matter of right at any time before acceptance. (Article 1325) Business advertisement generally doesn't definite offers but an invitation to the reader to make an offer. (Article 1326) The advertisement for bidders is not definite offers. The one who makes the offer which the advertiser is free to accept or decline. The general rule is that the advertiser is not bound to accept the highest or lowest bidder unless the contrary appears. (Article 1327) The capacity to give consent is presumed unless that person is an unemancipated person, insane or demented persons, or deaf-mutes who do not know to write however, if he knows how to write then he is valid to enter a contract. The reason is those persons can be easily victims of fraud. (Article 1328) talks about lucid interval and drunkenness; hypnotic spell. (Article 1329) provides the modifications declared of incapacity and the other special disqualifications provided by law. (Article 1330) The characteristics of consent are intelligent, free and voluntary, and conscious and spontaneous as provided under. (Article 1331) States that mistake is a false notion of a thing or a fact material to the contrary. A mistake can be simple and gross. Mistake of fact arises from ignorance or lack of knowledge. A mistake of law is a substantial mistake of fact. The effect of a simple mistake does not invalidate a contract while for the gross mistake, the party cannot avoid liability on the ground. (Article 1332) The person enforcing the contract has the burden to prove that the contract is well explained to the person who is unable to read or cannot understand the language used. (Article 1333) If the person is knowledgeable about the risk affecting the contract. it is presumed that there is no mistake since it tells that he or she is willing despite of risk. (Article 1334) Mistake of law defines as the ignorance of some provision of law that can result in the invalidation of consent. (Article 1335) Talks about violence and its requisites. Violence requires the employment of physical force. (Article 1336) About violence or intimidation may be employed by a third person. (Article 1337) Talks about the meaning of undue influence. Undue you influence define as the influence of a kind that has so overpowered the mind of the party able to prevent him from acting understand. (Article 1338) Talks about causal fraud. It is committed by one party before or at that time of the celebration of a contract to secure the consent of the other. It also tackles the requisites for causal fraud. (Article 1339) Fraud by concealment occurs when failure to disclose facts when there is a duty to reveal them. (Article 1340) About usual exaggeration in trade. It is not fraudulent since the seller is normally expected to be exaggerated to make a sale at the highest price possible. (Article 1341) General rule: a mere expression of an opinion an unidentified as fraud (Article 1342) Talks about fraud by the third person. It is presumed that both contracting persons must act in good faith. A mistake can be substantial or insubstantial. (Article 1343) Fraud made in good faith. When misinterpretation is not intentionally nonetheless conducted in a good faith then it can consider a mistake or error. (Article 1344) provides the effect of causal fraud which is annulment and damages while incidental fraud is a liability for damages. (Article 1345 to 1346) Talks about the simulation of a contract. It is the act of deliberately deceiving others, by feigning for pretending by agreement. The existent of the contract is not existing or concealed. Section 2: OBJECT OF CONTRACTS (Article 1347-1348) About the concept of object. It has the objective of the second essential element of a valid contract. It can be things, rights, or services. As a general rule, all things, or services, or rights may be the object of a contract. (Article 1349) If the quantity is not determinate, it shall not be a hindrance to the existence of a contract. SECTION 3 - CAUSE (Article 1350) About Cause (causa). It is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. (Article 1351) Motive is the purely personal or private reason which a party has in entering into a contract. (Article 1352 - 1353) About the requisites of cause. It must exist at the time the contract is entered, it must be lawful, and it must be true or real. (Article 1354 - 1355) The presumption in contracts as to cause: Every contract is presumed to have a cause, and the cause is valid. Thank you for this video lecture, Atty.
Ericka Jane G. Baal 1BSA-A(PnC) Good day Atty! This is the summary of my learnings as I've watched your video lesson, Essential Requisites of Contracts. General Provision: Article 1318 gives the three Requisites of a Contract and they are the (1) Consent (2) Object and (3) Consideration. And also the three classes of elements of a Contract . Section 1: Consent In Article 1319, it defines the definition of (1)Consent [freely and voluntary agreeing to the condition of the deal] ; (2) Offer[Proposal made by one party to another] ; (3) Acceptance [agreeing to all of the offer's terms and conditions] ; (4) Counter-Offer [ rejecting of the original offer and enter into a contract on a different basis]. It is said that if an offer was made when someone is emotionally upset does not considered as a Valid offer. Article 1320 discuss about the two forms of acceptance and they are the Implied and express. Implied can also in oral or written form but it is inferred from act or conduct. Article 1321 talks about the right of a person making the offer when it comes to the time, place and the manner of acceptance. Article 1322 discuss about the communication of acceptance to offerer and to an agent. Article 1323 gives the reason when does an offer can be ineffective and here are the reason: 1. Death 2. Insanity 3. Civil Interdiction 4. Insolvency of either party. Also, the other grounds which render offer ineffective. Article 1324 gives the different kinds of Options (a freedom given to the offered to accept an offer within a certain period) (1) Option Contract (2) Option Period (3) Option Money As a general rule, the offer may be withdrawn as a matter of right at any time before acceptance. Article 1325- Business advertisment doesn't define any offers, it is just an invitation to the reader to make an offer. Article 1326- Bidders are the one who makes the offer, and it is up to the advertiser to accept or reject it. Article 1327- there are persons who has the capacity to give consent but there are some who cannot give consent and they are the Minors, Insane or demented person, and Deaf-mutes the who do not know how to write. Article 1328- This are the exception for the person who are demented or insane. (1)Lucid Interval and (2) Drunkenness; Hypnotic Spell Article 1329 discuss about the modifications declared for incapacity(Necessaries, Life, Health, Accident Insurance, and etc.) and other special disqualifications provided by law (Prodigals,Deaf,Dumb, those who are unsound mind, and etc.) Article 1330- Gives the characteristics of Consent(Intelligent,Free/voluntary, and Conscious/Spontaneous) and the Five Vices of Consent, they are the: 1. Fraud 2. Intimidation 3. Violence 4. Undue Influence 5. Mistake Article 1331- Defines the different kinds of Mistake (Mistake of Fact and Mistake of Law). Also, the effect of a simple mistake compare to a Gross mistake which the party cannot avoid liability on the ground of mistake Article 1332- the person who are enforcing the Contract must have been fully explained when one of the parties is unable to read or cannot understand the language used. Article 1333- If the person still accept the contract even though he is aware of the risk, it is presumed that there is no mistake and he is willing to take chances or risk. Article 1334- Just like what we are saying, ignorance of law excuses no one, we should accountable for everything that we did. Article 1335- gives the Requisites of Intimidation or Threat: Article 1336- It is said that violence or Intimidation may be employed by a third person. Article 1337- Indue influence is when a person take advantage his power over the will of another. And the following are the circumstances to be considered if there is an Indue Influence: 1. Confidential, family, spiritual, and etc. 2. Mental Weakness 3. Ignorance Article 1338- Discuss the Requisites of Causal fraud, and they are: 1. There must be misrepresentation/ concealment of a material fact with knowledge of its falsity. 2. Serious 3. Must be employed by only one of the contracting parties 4. Must be in bad faith 5. Have induced the Consent of the other contracting party 6. Alleged and proved by clear and convincing evidence. Article 1339- A parties are bound by confidential relations and failed to disclose facts and when there is duty to reveal them, constitutes fraud. Article 1340- the usual exaggeration in trade is not considered as fraudulent since seller are normally expected to be exaggerated to make sale at highest price as possible. Article 1341- As a general rule, Expressing of an opinion does not signify fraud. It also discuss the Requisites for exception and they are the: 1. Made by an expert 2. Must relied on the expert's opinion 3. The opinion turned out to be false Article 1342- Discuss about the effect of an insubstantial mistake compared to substantial mistake which may annul the Contract principally on the ground of mistake. Article 1343- Any misrepresentation made in good faith is not considered as fraudulent but may constitute an error. Article 1344- Discuss about the effect of a casual fraud which makes the Contract annulled and subject for damages while Incidental fraud there are only liable for damages. Article 1345- 1346- Simulation of Contract maybe Absolute or Relative. Absolute simulation is when the parties do not intend to be bound at all and Relative Simulation when the Contract entered into by the parties is different from their true agreement. Section 2: Objects of Contracts Article 1347-1348 - It gives the definition of an object and the Requisites of thing as object of Contract. As a general rule, all things, services, or rights may be the object of Contract but there are still an exception. Article 1349- The object of every Contract must be determinate as to its kind, the quantity is not determinate shall not be a hindrance to the existence of the contact. Section 3: Cause Article 1350- Gives the definition of Cause(causa) Article 1351- Defines the meaning of Motive which means purely personal or private reason which a party has an entering into a contract. Article 1352-1353 - Discuss about the three Requisites of Cause and presumption in Contracts as to a cause. Also, it discuss the effect of absence or want of cause, failure of cause, illegality of cause which make Contract to be void, Falsity of cause which makes the Contract also void unless the parties shows that their is another cause which is true and lawful, and lesion.
Annaztacia Ortega 1BSA-A Good day atty. I learned about Article 1318 Essential Requisites of Contracts. There are 3 Requisites of Contracts these are Consent, Object, and Consideration. There are also elements of contracts. These are Essential, Natural, and Accidental. Moreover, according to Article 1319, consent is a conformity or concurrence of wills and with respect to contract, it is the agreement of the will of the contracting party, and next is the offer which is the proposal made by one party to another, and acceptance which means manifestation by the offeree of his assent to all the terms of the offer and there is also counter-offer which means the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. Hence, in article 1320, 1321 and 1322, the forms of acceptance are express and implied. The person making the offer has the right to prescribe the time, place, and the manner of acceptance. There are communication of acceptance, the offerer which the acceptance must be absolute, and the agent which is considered as an extension of personality of the principal. In addition, according to article 1323, offer becomes ineffective upon death, insanity, civil interdiction, and insolvency of either party, and other grounds are failure to comply, expiration, and destruction of the thing due. The important general provision of article 1324 are the option contract which means giving a person for a consideration a certain period within which to accept the offer of the offerer, option period which means the period given within which the offeree must accept the offer, and option money which means money paid of promised to be paid in consideration for the option. Options refers to the privilege given to the offeree to accept an offer within a certain period. As a general rule, the offer may be withdrawn as a matter of right at any time before acceptance. Moreover, according to article 1325, business advertisement generally not define offers. It is an invitation to the reader to make an offer. In article 1326, advertisement for bidders are not definite offers, it is the one making the offer which the advertiser is free to accept or reject. The general rule is the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Also, in article 1327, capacity to give consent is presumed. The persons who cannot give consent are unemancipated minors, insane or demented person, and deaf-mutes who do not know how to write. The reason for disqualification is that these persons may be easily be the victims of fraud as they are not capable of understanding or knowing the import of their actions. Also in article 1328, lucid interval is the temporary period of sanity, drunkenness; hypnotic spell impair the capacity of a person to give intelligent consent. In addition, according to Article 1329, there are modifications declared for incapacity. These are the Necessaries, Life, health, and Accident Insurance, if entered into a guardian or legal representative, if other party believe the legal capacity of a minor, who misrepresented his age, and minor voluntarily pays a sum of money or delivers fungible thing. There are also characteristics of consent according to article 1330, these are the intelligent, free and voluntary, and concious and spontaneous. There are also vices of consent, one of them is fraud or deceit. Moreover, according to article 1331, mistake which is the false notation of a thing or a fact material to the contrary, mistake of fact, and mistake of law. Also, in Article 1332, the burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, us the person enforcing the contract.
Nikki Janine V. Reyes 1BSA-B Good day, Attorney! Through this video, I have learned a lot about the essential requisites of Contracts in which we have three according to Article 1318-- Consent, Object, and Consideration. I have also learned that there are classes of elements of a contract-- essential, natural, and accidental. In Article 1319, Consent is defined as the concurrence of wills and with respect to contract, it is the agreement of the will of the contracting party. Offer, however, is the proposal made by one party to another. Acceptance is the manifestation by the offeree of his assent to all the terms of the office. The rejection of the original offer is called the counter-offer. An offer is said to be invalid if it is made in jest, anger, or when emotionally upset. In Article 1320, the different forms of acceptance is discussed in which we have express (oral/written) and implied (inferred from act). Meanwhile, in Article 1321, it is said that the person making the offer has the right to prescribe the time, place, and the manner of acceptance. Article 1322 discusses the communication of acceptance to the offerer which has to be absolute and to the agent which is considered as an extension of personality of the principal. The ineffectivity of the offer is talked about in Article 1323 which is in death, insanity, civil interdiction, and insolvency of either party. There are also other grounds which render offer ineffective. It could be failure to comply with the condition to offer as to time, place and manner, expiration, destruction of the thing due. In Article 1324, the Option Contract, Option Period, Option Money, and Option is discussed. Articles 1325-1326 talks about business advertisements and bidders being not definite offers. Article 1327 states that unemancipated minors, insane or demented persons, deaf-mutes who can't read and write cannot give consent. The reasons for the disqualification of those people are discussed in Article 1328. Article 1329 discusses the modifications declared for incapacity like necessaries, life, health and accident insurance, through legal representative, or misinterpreted age, and others. In Article 1330, the three characteristics of consent are talked about which are intelligent, free and voluntary, and conscious and spontaneous. The Vices of Consent is also mentioned which are fraud, intimidation, violence, undue influence, and mistake. Articles 1331-1334 further discusses mistake as a vice of consent. Article 1338 is about Causal Fraud which is committed by one party before or at the time of the celebration of a contract. Article 1345-1346 talks about simulation of a contract and its two kinds-- absolute and relative simulation. Article 1347-1348 discusses object, the second requisite of contract, which can be things, rights or services. The essential purpose of the parties for entering into the contract is the cause which is discussed in Article 1350.
Gonzales, Karl Wilson M. 1 BSA - A Pamantasan ng Cabuyao Good day, Attorney. Here are my key takeaways for this video: I have learned that the requisites of a contract is Consent, Object and Consideration. There are also different classes of elements of contracts and these are: 1. Essential - no contract can validly exist regardless of the parties' intentions, 2. Natural - presumed to exist in certain contracts, 3. Accidental - particular stipulations, clauses, terms, or conditions established by the parties in their contract. Article 1319 talks about consent which is the conformity of wills and with respect to contracts, it is the agreement of the will of the contracting party. Offer also means that it is a proposal made by one party to another. Acceptance also is the manifestation by the offeree of his assent to all the terms of offer. Acceptance can also be either expressed or implied. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with. The communication of acceptance to the offerer which should be absolute, and to an agent which is considered as an extension of personality of the principal. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. It is also stated that unemancipated minors, insane or demented persons, deaf-mutes who do not know how to write cannot give consent to a contract. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable. You can also void a contract which where consent is given through mistake, violence, intimidation, etc. To invalidate consent, the error must be excusable. It must be a real error and not one that could have been avoided by the party alleging it. A violence shall also extinguish the obligation even though it may have been employed by a third person who did not take part in the contract. The failure also to disclose facts even though it is your duty to show them constitutes fraud and can be extinguished. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former's special knowledge and misrepresentation made in good faith is not fraudulent but may constitute error. Simulation is the declaration of a fictitious will, deliberately made by agreement of the parties and it should be absolute or relative. 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. As per the object of the contracts, impossible things or services cannot be one because the object of the contract must be determinate of its kind. Article 1352-1353 states that Contracts without cause, or with unlawful cause, produce no effect whatever. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy and that 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.
Malayo, Christine B. 1BSA-A Pamantasan ng Cabuyao Good day Atty. After watching your video lecture here are my takeaways: Article 1318 gives the three essential requisites of contracts (consent, object and consideration) Also this article provide the meaning of the three classes of elements of a contract (Essential, Natural and Accidental) Article 1319 define consent as a conformity of wills, offer as a proposal made by one party to another, acceptance as the manifestation of offeree and counter-offer as a rejection of the original offer. Article 1320 define the two forms of acceptance (1) Express as oral/written, (2) Implied as inferred from an act/conduct. Article 1321 stated that the person who's making the offer has the right to prescribe the time, place and the manner of acceptance. Article 1322 refers to an offer made through an agent is accepted from the time acceptance is communicated to him. Article 1323 clearly stated that an offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. Article 1324 define option contract, option period, option money and option. As a general rule, the offer may be withdrawn as a matter of right at any time before acceptance. Article 1325 define business advertisement as an invitation to the reader to make an offer and generally not definite offers. Article 1326 define bidders as the one making the offer w/c the advertiser is free to accept/reject. Article 1327 stated the the persons who cannot give consent. Article 1328 define lucid interval as a temporary period of sanity and drunkenness; hypnotic spell as an impairment to the capacity of a person to give intelligent consent. Article 1329 gave the five modifications of declared for incapacity and other special disqualifications provided by the law. Article 1330 gave the three characteristics of consent and the five visces of consent. Article 1331, in order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract. Article 1332 clearly stated that 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. In Article 1333, there is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. Article 1334 define mistake of law as arises from an ignorance of some provision of law. The effect was not to invalidate consent and the reason was ignorance of the law excuses no one. Article 1335 refers to the definition of violence and the requisites of intimidation or threat. Article 1336 clearly stated that violence or intimidation may be employed by a third person. Article 1337 stated that there is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress. Article 1338 gave the definition of causal fraud and its requisites. Article 1339 define fraud by concealment. Article 1340, the usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. It is the natural tendency for merchants and traders to resort to exaggerations in their attempt to make a sale at the highest price possible. Article 1341 as a general rule, a mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former’s special knowledge. Article 1342, misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual. Article 1343 refers to misrepresentation made in good faith is not fraudulent but may constitute error. Article 1344 clearly stated that in order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. In this case there is concealment, and it is made in bad faith or with an intent to deceive, and induced to enter into the contract. Article 1345-1346 define simulation of a contract and its two kinds, absolute and relative simulation. Article 1347-1348 refers to the object of the contracts and its requisites as well as the general rule, all things or services may be the object of a contract. Article 1349 stated that the object of every contract must be determinate as to its kind. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract,provided it is possible to determine the same,without the need of a new contract between the parties. Article 1350 gives the definition of cause or causa. Also, Article 1351 provides for the definition of motive. Article 1352-1353 refers to the three requisites of cause. Article 1354-1355 stated the two presumptions in contracts as to cause. Thank you Atty.
Rodas, Mary Joy B. 1BSA-B Pamantasan ng Cabuyao Thank you Atty. for the lecture vids. Here's my takeaways from the video. CHAPTER 2: ESSENTIAL REQUISITES OF CONTRACTS Article 1318 Requisites of a Contract 1. Consent 2. Object 3. Consideration CLASSES OF ELEMENTS OF A CONTRACT 1. Essential 2. Natural 3. Accidental SECTION 1: CONSENT Article 1319 Consent- agreement of the will of the contracting party Offer- proposal made by one party to another Acceptance Counter-Offer- rejection of the original offer and attempt of the parties to enter into a contract into different basis Article 1323 Offers become ineffective upon 1. Death 2. Insanity 3. Civil Interdiction 4. Insolvency of either party Article 1324 Option Contract- giving a person for a consideration within a certain period Option Period- period given which the offeree must accept the offer Option Money- money paid Option- privelege given to the offeree Article 1326 The advertisers is not bound to accept the highest bidder or the lowest bidder unless the contrary appears Article 1327 Persons who cannot give consent 1. Unemancipated minors 2. Insane or demented persons 3. Deaf and mutes who do not know how to write Article 1329 Modifications Declared for Incapacity 1. Necessaries 2. Life, Health and Accident Insurance 3. Guardian 4. Misinterpreted his age 5. Voluntarily Article 1330 CHARACTERISTICS OF CONSENT 1. Intelligent 2. Free and Voluntary 3. Conscious and Spontaneous Article 1331 Mistake- false notion of a thing or a fact material to the contrary. Mistake of Fact- arises from ignorance or lack of knowledge Mistake of Law- is a substantial mistake of fact Article 1333 If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take risks. NO MISTAKE. Article 1335 Violence- requires the employment of Physical Force REQUISITES: 1. Reasonable well grounded evil 2. Imminent and grave 3. Upon his person or property or that his spouse, descendants or ascendants 4. It is the reason why he enters into contract Article 1337 Undue Influence- is influenced of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion. CIRCUMSTANCE TO BE CONSIDERED 1. Confidential, family, spiritual and other relations between the parties 2. mental weakness 3. ignorance 4. financial distress of the person alleged to have been unduly influenced Article 1338 Causal Fraud- fraud committed by one party before or at the time of the celebration of the contract to secure the consent of the other. Causal fraud may be committed through insidious words or machinations or by concealment. REQUISITES 1. There must be misinterpretation 2. Must be serious 3. Must have been employed by one parties 4. Must be in bad faith 5. Must have induced the consent of other contracting party. 6. Must be alleged and proved by clear and convincing evidence Article 1339 Fraud by concealment- failure to communicate or disclose that which a party to a contract knows and ought to communicate concealment. Article 1341 A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former's special knowledge Art 1342. Misinterpretation made in good faith is not fraudulent but may constitute error. Article 1344 Causal Fraud- ground for the annulment of contract Incidental Fraud- only renders the party who employs it liable for damages Article 1345-1346 Simulation of contract- the act of deliberately deceiving others KINDS OF SIMULATION 1. Absolute simulation- contract doesn't exist and parties do not intend to be bound at all 2. Relative simulation- contract entered into by the parties is different from their true agreement. SECTION 2: OBJECT OF CONTRACTS Objection of a contract is its subject matter. RIGHTS AS OBJECT OF CONTRACT 1. Outside the commerce of men 2. Impossible, physically or legally 3. Determinable things 4. Future things or rights SECTION 3: CAUSE OF CONTRACTS Classification of contracts according to cause 1. Onerous 2. Remuneratory 3. Gratuitous Article 1354 Lesion or inadequacy of cause does not of itself invalidate a contract
Aliah Greicel E. Lacanilao 1BSA-A Pamantasan ng Cabuyao Summary of my learnings: Requisites of a Contract: 1. Consent 2. Object 3. Consideration Classes of Elements of a Contract 1. Essential - no contract can validly exist 2. Natural - presumed to exist 3. Accidental - particular stipulations by the parties •Consent - conformity or concurrence of wills/agreement •Offer - proposal made by one party to another •Acceptance - manifestation by the offeree of his assent to all the terms of the offer •Counter-offer - rejection of the original offer and attempt to enter into a different contract. *Offer made in jest, anger, or emotionally upset is not valid. Forms of Acceptance: 1. Express 2. Implied * The person making the offer has the right to prescribe the time, place, and the manner of acceptance. •Option Contract - giving a person a consideration for a certain period within which to accept the offe •Option Period - period given which offeree must accept the offer •Option Money - paid or promised to be paid in consideration for the option •Option - privilege given to the offeree to accept an offer within a certain period Business advertisements - generally not definite offers - invitation to make offer Bidders - one making the offer which the advertiser is free to accept or reject *The advertiser is not bound to accept the highest or lowest bidder unless the contrary appears • Capacity to give consent is presumed. Persons who cannot give consent: 1. Unemancipated minors 2. Insane or demented persons - Lucid interval (temporary period of sanity) - drunkenness; hypnotic spell - impair the capacity of a person to give intelligent consent 3. Deaf-mues who do not know how to read and write Modifications Declared for Incapacity: 1. Necessaries - when sold and delivered to a person with no capacity to act, he must still pay a reasonable price 2. Life, health, and accident insurance - beneficiary must be the minor's estate 3. If entered into a guardian or legal representative 4. If the other party believe the legal capacity of a minor, who misrepresented his age 5. Minor voluntarily pays a sum of money or delivers fungible thing and obligee has spent and consumed it in good faith Other Special Disqualifications Provided by Law: 1. Persons suffering the accessory penalty civil interdiction 2. Hospitalized lepers 3. Prodigals 4. Deaf and dumb 5. Those who are unsound mind 6. Those who by reason of age, disease, weak mind cannot take care of themselves Vices of Consent: 1. Fraud or Deceit 2. Intimidation or Threat or Duress 3. Violence or Force 4. Undue Influence 5. Mistake or Error •Mistake - false notion of thing •Mistake of Fact - arises from ignorance or lack of knowledge •Mistake of Law - substantial mistake of fact *Mistake can be simple (does not invalidate contract) or gross (party cannot avoid liability on the ground of mistake) *The burden to prove that the contract is well explained to the person who is unable to read or understand the language used is the person enforcing the contract. *If the person is aware about the risk affecting the contract and still accepts it, he is presumed to be willing and therefore, there is no mistake. •Undue influence - overpowers the mind of a party as to prevent him from acting freely on his own will •Causal fraud - committed by one of the party before or at the time of the celebration of contract to secure the consent of the other • Fraud by concealment - failure to disclose facts when there is duty to reveal them - equivalent to false representation •Usual exaggerations in trade - not fraudulent *A mere expression of an opinion does not signify fraud •Fraud made in good faith - considered a mere mistake or error Causal Fraud = annulment + damages Incidental Fraud = liability for damages •Simulation of contract - act of deliberately deceiving others by feigning or pretending by agreement, the appearance pf a contract which is either non-existent or concealed. Kinds of Simulation: 1. Absolute simulation (fictitious contracts) - contract does not really exist 2. Relative simulation - contract is different from their true agreement *All things, or services, or rights may be the object of a contract except intransmissible. •Cause (causa) - essential or more proximate purpose •Motive - purely personal or private reason on entering a contract *Every contract is presumed to have a cause and the cause is valid. 1. Absence or want of cause = confer no right and produce no legal effect 2. Failure of cause = does not render the contract void 3. Illegality of cause = contract is void 4. Falsity of cause = contract is void, unless the parties show that there is another cause which is true and lawful 5. Lesion (damage caused by the fact that the price is unjust or inadequate) = does not invalidate contract except when there is fraud, mistake, and undue influece and in cases specified by law
Danica Leene Gabarda 1BSA-A Pamantasan ng Cabuyao Good day Atty. Reyes! These are my takeaways in your discussion. Article 1318 discusses the requisites of a contract and the ckasses of elements of a contract. Article 1319 discusses about consent. The definition of consent, offee, acceptance and counter-offer. Article 1320 talks about the two forms of acceptance which is the express and implied. Article 1321 talks about the person making the offer has the right to prescribe the time, place and the manner of acceptance. Article 1322 discusses about the communication of acceptance. Article 1233 states that an offer is ineffective upon death, civil interdiction, insanity or insolvency of either party before acceptance is conveyed. Article 1324 talks about the option contract. Article 1325 states that business advertisements of things for sale are not definite offers, but mere invitations to make an offer, unless it appears otherwise. Article 1326 states that advertisements for bidders are simply invitations to make proposala and the advertisee is not bound to accept the highest or lowest bidder, unless the contrary appears. Article 1327 talks about the persons who cannot give consent. Article 1328 states that contracts entered in to during a lucid interval is valid while contracts agreed into in a state of drunkenness or during a hypnotic spell are voidable. Article 1329 discusses about the modifications declared for incapacity. Article 1330 states that a contract where consent is given through mistake, violence, intimidation, undue influence or fraud is voidable. It also discusses the characteristics and vices of consent. Article 1331 talks about mistake. Mistake of fact amd mistake of law. Article 1332 states that the person enforcing the contract must show that the terms are fully explained to the parties who is unable to read, or if the person don't understand the language uses in contract. Article 1333 states that there is no mistake if the party had a doubt and is aware on the risk affecting the object of the contract. Article 1334 talks about mutual error. Article 1335 talks about the definition and requisites of violence. Article 1336 states that violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract Article 1337 talks abput undue influences Article 1338 talks about Causal fraud and its requisites. Article 1339 talks about fraud by concealment or failure to disclose facts when there is a duty to reveal them. Article 1340 states that the usual exaggeration in trade is not fraudulent when the other party had an opportunity to know the facts. Article 1341 states that a mere expression of an opinion does not signify fraud unless its is made by experts, the other contracting party has relied on the expert's opinion and the opinion turned out to be false or erroneous. Article 1342 talks about fraud by a third person. Article 1343 states that misinterpretation made in good faith is not fraudulent but may constitute error. Article 1344 states that if fraud is employed by both parties, neither may ask for annulment as the fraud of one neutralizes that of the other. Article 1345 and 1346 discusses about the simulation of contract. Also the kinds of simulation which is the absolute amd relative. Article 1347 and 1348 states that all things, services aand rights may be the object of a contract unless it is : 1)an intransmissible rights by nature, by stipulation or provisons of law 2) a thing outside the commerce of man 3) an impossible thing or service 4) a future inheritance except in cases expressly authorized by law 5) an object which are not possible of determination as ro their kind. Article 1349 states that the objevt of every contract must be determinate to its kind. Article 1350 states the definition of cause as the essential or more proximate purpose which contracting parties have in view at the time of entering into the contracts Article 1351 states the definition of motive as the purely personal or private reason which a party has in entering into a contract. Article 1352 discusses the requisites of cause which are 1) must exist at the time the contract is entered, 2) must be lawful and 3) must be true or real. Article 1353-1355 states that every contract is presumed to have a cause and it must be valid. Also discusses the different cause of contracts.
Castro, King David P. 1BSA-A Pamantasan ng Cabuyao Good Day, Atty! Here are the summary of what I have learned in this video lecture. CHAPTER 2: ESSENTIAL REQUISITES OF CONTRACTS Requisites of a Contract: 1. Consent 2. Object 3. Consideration Article 1318 - Classes of Elements of a Contract 1. Essential- no contract can validly exist regardless of the parties' intensions. 2. Natural- presumed to exist in certain contracts. 3. Accidental- particular stipulations, clauses, terms, or conditions established by the parties in their contract. SECTION 1 - CONSENT Article 1319 Consent- it is the agreement of the will of the contracting party. Offer- proposal made by one party to another Acceptance- manifestation by the office of his assent to all the terms of the offer Counter-offer- rejection of the original offer and an attempt by the parties to enter into a contract on a different basis Article 1320 Forms of Acceptance: 1. Express- oral or written 2. Implied- inferred from an act or conduct Article 1321 Person making the offer -has the right to prescribe the time, place, and the manner of acceptance. Article 1322 Communication of Acceptance -To offerer -acceptance must be absolute. -To agent -agent is considered as an extension of personality of the principal. Offer becomes ineffective upon: 1. Death 2. Insanity 3. Civil Interdiction 4. Insolvency of either party Article 1324 Option Contract -giving a person for a consideration a certain period within which to accept the offer of the offerer. Option Period - the period given within which the offeree must accept the offer. Option Money - money paid or promised to be paid in consideration for the option. Option -privilege given to the offeree to accept an offer within a certain period. General Rule: The offer may be withdrawn as a matter of right at any time berfore acceptance. Article 1325 Business Advertisements- generally not define offers Article 1326 Bidders -advertisements for bidders are not definite offers - one making the offer which the advertiser is free to accept or reject General Rule: The advertise is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Article 1327 -Capacity to give consent is presumed. Persons who cannot give consent: 1. Unemancipated Minors 2. Insane of demented persons 3. Deaf-mutes who do not know how to write Article 1328 Lucid Interval- temporary period of sanity Drunkenness; Hypnotic Spell- impair the capacity of a person to give intelligent consent Article 1329 Modifications of Declared for Incapacity: 1. Necessaries 2. Life, Health, and Accident Insurance 3.If entered into a Guardian or legal representative 4. If other party belive the legal capacity of a minor, who misrepresented his age 5. Minors voluntarily pays a sum of money Other special disqualifications provided by law: 1. Person suffering the accessory penalty civil interdiction 2. Hospitalized lepers 3. Prodigals 4. Deaf and DUmb 5. Those who are unsound mind 6. Those who by reason of age, disease, weak mind cannot without outside aid, take care of themselves Article 1330 Characteristics of Consent: 1. Intelligent 2. Free and Voluntary 3. Conscious and Spontaneous Vices of Consent: 1. Fraud or Deceit 2. Intimidation of Threat or Duress 3. Violence of Force 4. Undue Influence 5. Mistake or Error Article 1331 Mistake- false notion of a thing or a fact material to the contrary. Mistake of Fact- arise from ignorance or lack of knowledge. Mistake of Law- is a substantial mistake of fact Article 1332 The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract. Article 1333 If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therfore, there is no mistake. Article 1335 Violence- requires the employment of physical force 1. Reasonable well grounded civil 2. Imminent and grave 3. Upon his person or property or that his spouse. descendants or ascendants 4. It is the reason why he enters into a contract Article 1337 Undue Influence -is the influence of a kind that so overpowers the mid of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion. Article 1338 Causal Fraud- committed by one of the party before or at the time of the celebration of contract to secure the consent of the other. Requisites of causal fraud 1. There must be misrepresentation of concealment of a material fact with knowledge of its falsity. 2. It must be serious. 3. It must have been employed by only one of the contracting parties. 4. It must be made in bad faith 5. It must have induced the consent of the other contracting party. 6. It must be alleged and proved by clear and convincing evidence. Article 1339 Fraud by concealment- failure to disclose facts when there is duty to reveal them. Equivalent to false representation. Article 1340 Usual exaggerations in trade- it is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible. Any person who relies on said exaggerations does so at his own peril. Article 1341 General Rule: A mere expression of an opinion does not signify fraud. Requisites of Exception: 1. It must be made by an expert. 2. The other party has relied on the expert's opinion. 3. The opinion turned out to be false. Article 1342 Fraued by a third person -Presumption: Both contracting parties are acting in good faith. Article 1343 Fraud made in good faith- if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1344 Causal fraud will annul the contract and subject the party liable for damages. Incidental Fraud will not annul the contract but only the liability for the damages. Articles 1345-1346 Simulation of a contract- is the act of deliberately deceiving others, by feigning or pretending by agreement, the apperance of a contract which is either non-existent or concealed. Kinds of simulation: 1. Absolute Simulation(Fictitous Contracts) 2. Relative Simulation Article 1347-1348 Object- is the second essential element of a valid contract, may be things, rights, or services. Requisites of thing as an object of a contract: 1. Within the commerce of men 2. Not be legally or physically impossible 3. In existence or capable of coming into existence 4. Either Determinate or Indeterminate General Rule: All things, services, or rights may be the object of a contract. Exceptions: 1. Intransmissible rights by their nature, or by stipulation. or of provision of law. 2. Things outside the commerce of men 3. Impossible things or services 4. Future inheritance except in cases expressly authorized by law. 5. Object which are not possible of determination as to their kind. SECTION 3 - CAUSE Cause (causa)- essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Motive- the purely personal or private reason which a party has in entering into a contract. Requisites of Cause: 1. It must exist at the time the contract is entered. 2. It must be lawful. 3. It must be true or real. Article 1354-1355 Presumption in contracts as to cause: 1. Every contract is presumed to have a cause. 2. The cause is valid.
Lorenzo, John Derrick I. 1BSA - A Pamantasan ng Cabuyao Good Day, Atty! Here are my key takeaways from this video lecture. Article 1318 Necessary conditions of the contract. There are three necessary conditions for a contract: agreement, goal, and consideration. There are also elements of the contract. These are basic, natural, and accidental. Furthermore, according to article 1319, consent is the agreement or consent of the will. Regarding the contract, it is the consent of the contractor's will, followed by the offer, that is, the proposal made by one of the parties. to the other party, and acceptance means that the recipient agrees to all the terms of the offer, as well as a counter offer, which means rejecting the original offer and the parties trying to enter into a contract on a different basis. Therefore, in articles 1320, 1321 and 1322, the accepted form is express and implicit. The person making the offer has the right to specify the time, place and method of acceptance. Communication commitment, commitment must be an absolute bidder and an agent that is considered an extension of the client's personality. In addition, in accordance with the provisions of article 1323, the offer is invalid due to death, insanity, civil business suspension, bankruptcy and other reasons for non-compliance, expiration and destruction of expired objects. The important general provision of Article 1324 is the option contract, which refers to giving someone a certain period of consideration to accept the offer from the offeror. The option period refers to the period during which the recipient must accept the offer, and the option money, which means paid or Commitment to be paid as consideration for options. The options refer to the privileges granted to the recipient of the offer to accept the offer within a specified period of time. As a general rule, an offer can be withdrawn as a right at any time before its acceptance. Also, under section 1325, commercial advertisements generally do not define an offer. This is an invitation for readers to submit a quote. In section 1326, advertisements addressed to bidders are not final offers, but rather offers that advertisers can freely accept or reject. The general rule of thumb is that advertisers do not necessarily accept the highest bidder or the lowest bidder, unless otherwise occurs. In addition, article 1327 assumes the ability to give consent. Those who cannot give consent are unliberated minors, lunatics or lunatics, and deaf-mute people who cannot write. The reason for disqualification is that these people can easily become victims of fraud because they cannot understand or know the importance of their actions. Also in Article 1328, the awake interval is a temporary period of being awake and drunk; hypnotism can impair a person’s ability to give intelligent consent. Lastly, according to Article 1329, there are also amendments declared due to disability. These are necessities, life, health and accident insurance, if a legal guardian or representative is hired, if the other party believes in the legal capacity of the minor and misrepresents his or her age, and the minor voluntarily paid a sum of money Or provide alternatives. According to Article 1330, there are also the characteristics of consent, which are intelligent, free and voluntary, conscious and spontaneous. There are also vices of consent, one of which is fraud or deception. In addition, according to Article 1331, an error is a wrong marking of a matter or a major fact, a factual error and a legal error. In addition, in Article 1332, the responsibility to prove to a person who cannot read or understand the language used is the person who executes the contract.
Yaldua, Justine Mae B. 1BSA-A Pamantasan ng Cabuyao Good day Atty! To summarize what I have learned from this video lecture, here are my takeaways. The essential requisites of contract are consent, object, and the cause or consideration of contract. First, consent is a conformity with respect to the contract. Offer is a proposal and acceptance is the manifestation. The offeror may fix the time, place, and manner of acceptance. Form of acceptance may be express or implied. Offer becomes ineffective upon death, insanity, civil interdiction, insolvency, failure to comply, expiration, or destruction of the thing due. There is also an option contract which means the offerer gives a consideration to an offeree. Business advertisements are not consider as an offer because the one making an offer is the bidder in which advertisers may accept or reject. Each and every individual are free to enter and give their consent into a contract. Except those people who are underage (minors), demented person, or illiterate. This is because they can be the victims of fraud. Those people who experience lucid interval can enter into a contract. Mistake or error is a false notion of a thing. It does not vitiate the consent unless the substance of a thing which is the object of contract, those condition have been principally moved one or both parties, identity or qualifications of one parties provided the same was principal cause of contract. Causal fraud may vitiate the consent. Usual exaggeration in trade is not a fraud. Law allows it as customers are expected to take care to their concerns. Next, the object of a contract is the subject matter. It may be a thing, rights, or services. It must be legal, not impossible, existence, and determinate. Law permits future inheritance in donations by reason of marriage, or partition of property to take effect upon his death. Quantity of object of contract need not to be determinate. Lastly, the cause of contract is the essential reason or purpose in which contracting parties at time of entering into contract. It must be lawful, exist at time the contract entered into, and real regardless that it is not stated in the contract. Lesion of cause does not invalidate a contract as person willingly enters into it except that there has been fraud, mistake, and undue influence specified by law.
Ranegel Anne R. Miranda PNC 1 BSA - B Hello Atty. here are my takeaways for this video lecture. I have learned about the Essential Requisites of a Contract. GENERAL PROVISION: Under Article 1318 is the three requisites of a contract which are the consent, object and consideration. There are classes of elements of a contract which is the essential elements, natural elements, and the accidental elements. SECTION 1: CONSENT. In Article 1319, consent is defined as the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party. Offer is defined as the proposal made by one party to another. Acceptance is defined as the manifestation by the offeree of his assent to all the terms of the offer. Counter-offer is defined as the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. Under Article 1320 are the forms of acceptance (Express and Implied). In Article 1321, the person making the offer has the right to prescribe the time, place and the manner of the acceptance. Article 1322 is about the communication of acceptance: to the offerer (the acceptance must be absolute) and to the agent (the agent is considered as an extension of the personality of the principal. In Article 1323, the offer becomes ineffective upon death, insanity, upon civil interdiction of the offerer or offeree, or upon the insolvency of either party. There are also other grounds which render offer ineffective: 1. There is a failure to comply with the condition to offer as to time, place and manner, 2. Expiration, and 3. Destruction of the thing due. Article 1324 defined the option contract as a contract or agreement which give a person a consideration for a certain period within which to accept the offer of the offerer. The option period means that the period given within which the offeree must accept the offer. The option money is the money paid or promised to be paid in consideration for the option. The option is defined as the privelege given to the offerer to accept an offer within a certain period. The GENERAL RULE is that the offer may be withdrawn as a matter of right at any time before acceptance. Under Article 1325 is the business advertisements which is generally not define offer, and it is an invitation to the reader to make an offer. In Article 1326, the advertisements for bidders are not definite offers. The one making the offer which the advertiser is free to accept or reject. The GENERAL RULE is that the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. In Article 1327, the capacity to give consent is presumed. The people who are unemancipated minors, insane or demented persons, deaf-mutes who do not know how to write are the persons who cannot give consent. These persons may be easily be the victims of fraud as they are not capable of understanding or knowing the importance of their actions. In Article 1328, the lucid interval is the temporary period of sanity. The drunkenness or hypnotic spell is impairing the capacity of a person to give intelligent consent. Under Article 1329 is the modificationss declared for incapacity. In this article, it is also provided the other special disqualifications that is provided by law. Under Article 1330, the characteristics of a consent is that it must be intelligent, it is free and voluntary and it is conscious and spontaneous. Also under this article are the vices of consent: fraud or deceit, intimidation or threat or duress, violence or force, undue influence, and the mistake or error. In Article 1331, mistkae is defined as the false notion of a thing or a fact material to the contrary. The mistake of fake arises from ignorance or lack of knowledge. The mistake of law is a substantial mistake of fact. The mistake can be either simple or gross. In Article 1332, the burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract. Under Article 1333, if the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is no mistake. In Article 1334, the mistake of law arises from an ignorance of some provision of law or from the erroneous interpretation of its meaning. Its effect is that it does not invalidate consent because the ignorance of law excuses no one from compliance therewith. Under Article 1335, violence is defined as the employmeny of physical force. The requisites of indimidation or threat are: reasonable well grounded evil, imminent and grave, upon his person or property or that his spouse, descendants or ascendants, and it is the reason why he enters into a contract. In Article 1336, violence or intimidation may be employed by a third person. Under Article 1337, the undue influence is defined as an influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion. Article 1338 is about causal fraud. It is committed by one party before or at the time of the celebration of contract to secure the consent of the other. Also under this article are the requisites of causal fraud. In Article 1339, the fraud by concealment is the failure to disclose facts when there is duty to reveal them and it is equivalent to false representation. In Article 1340, the usual exaggerations in trade is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible. Any person sho relies on said exaggerations does so at his own peril. The general rule in Article 1341 is that a mere expression of an opinion does not signify fraud. The requisites for its exception is that it must be made by an expert, the other party has relied on the expert's opinion, and the opinion turned out to be false. In Article 1342, in fraud by a 5hird person, it is presumed that both contracting parties are acting in good faith. Under Article 1343 is the fraud made in good faith. If the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Fraud is more serious than mistake which is why the party that is guilty of fraud have a greater liability. In Article 1344, if the fraud us causal then the effect is annulment of the contract with liability for damages while for an incidental fraud, the effect is only liability for damages. Under Article 1345 and Article 1346 is the simulation of contract which is defined as the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. Also under this articles are the kinds of simulation: absolute simulation (fictitious contracts) and relative simulation. SECTION 2: OBJECT OF CONTRACTS. In Article 1347 and Article 1348, the object is the second essential element of a valid contract and it may be things, rights or services. The requisites of thing as object of contract: it is within the commerce of men, it must not be legally or physically impossible, and in existence or capable of coming into existence. GENERAL RULE is that all things or services or rights may be the object of a conteact EXCEPT: 1. intransmissible rights by their nature or by stipulation or the provision of law, 2. things outside the commerce of man, 3. Impossible things or services, 4. Future inheritance except in cases expressly authorized by law, and 5. Object which are not possible of determination as to their kind. In Article 1349, when the quantity if not determinate, then it shall not be a hindrance for a contract to come into existence. SECTION 3: CAUSE. In Article 1350, cause or causa is essential or more proximatr purpose which the contracting parties have in view at the time of entering into the contracts. Under Article 1351 is motive which is the purely personal or private reason which a party has in entering into a contract. In Article 1352 and Article 1353 are the requisites of cause: it must exist at the time the contract is entered, it must be lawful, and it must be true or real. In Article 1354 and Article 1355, every contract is presumed to have a cause and the cause is valid. Thank you atty.
Cayabyab, Syra Ellaine B. 1 BSA - B PNC Good day, atty! Here are my takeaways from this video. Firstly, under article 1318, the three requisites of a contract were enumerated. They are the COC, or consent, object, and consideration. Aside from this, the elements of a contract were also grouped into three classes namely essential (basically the most 'essential' because no contract can validly exist without this), natural (these are presumed to exist in certain contracts) and lastly, accidental (which are not naturally one of the elements of a contract however becomes one due to stipulations, clauses, terms, or conditions established by the parties in their contract. Under section I, we have the consent. This is defined in article 1319 as the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party. Meaning, there is an offer or the proposal made by one party (when made out of jest, anger, or when emotionally upset, an offer is not valid), and of course, acceptance or the manifestation by the offeree of his assent or agreement to all the terms of the offer. Contrary to the former, we also have the counter-offer under article 1319 which is the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. Forms of acceptance were discussed under the following article. It could either be express or implied. And, note that when we say implied, it could also be in oral or written form just like the express form, but the difference is that it is inferred from an act or conduct. Next, article 1321 simply stated the right of a person making an offer. It is said that he has the right to prescribe the time, place, and the manner of acceptance. Now, under the following article which is 1322, it is stated that an acceptance communicated to the offerer makes the acceptance absolute. Also, if the acceptance is communicated to an agent, then, the agent is considered to be an extension of personality of the principal. On the other hand, when does an offer becomes ineffective? It happens upon death, insanity, civil interdiction or an inability/prohibition for a person to perform his civil rights due to being convicted for a crime for example, and lastly, if both parties are insolvent. Aside from these, there are also other grounds where an offer could be ineffective (failure to comply with the condition to offer as to time, place, and manner, expiration, and lastly, destruction of the thing due). All of these were stated under article 1323. Moving forward, article 1324 introduced option contract which means giving a person for a consideration a certain period within which to accept the offer of the offerer, next option period which is the period given within which the offeree must accept the offer, and lastly, the option money which is the money paid or promised to be paid in consideration for the option. An option is basically a privilege given to the offeree to accept an offer within a certain period. And as a general rule, the offer may be withdrawn as a matter of right at any time before acceptance. Article 1325 cleared that business advertisements are not generally define offers but it is an invitation to the reader to make an offer. Then, bidders under article 1326 are the ones making the offer which the advertiser is free to accept or reject. As a general rule, the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Furthermore, the capacity to give a consent is always presumed. However, article 1327 listed people who cannot give a consent. There's unemancipated minors (persons under 18 years of age), insane, and deaf-mutes who are illiterate. This is to protect these kind of people from being a victim of fraud or something. But, as we always knew, there are exceptions to every rule. And one of the exceptions to the above article is under the provision of the following which is article 1328. The lucid interval or the temporary period of sanity. Then, article 1329 enumerated the modifications declared for incapacity and other special disqualifications (for giving consent) provided by law. And now, article 1330 provided the characteristics of a consent. It should be intelligent, free and voluntary, and conscious and spontaneous. There's also the different vices of consent which are FIVUM (fraud, intimidation, violence, undue influence, and mistake). 1331 deals with different kinds of mistake. And, article 1232 is simply stating of who will get the burden of proving that a contract was well explained when the other party is illiterate or speaks of a different language. Then, article 1333 stated that if the person is well aware about the risk affecting a contract and still pursued it, it is then presumed that he's taking the risk. Additionally, violence and all about it were expressed under article 1335. Its requisites included. The next article simply stated that violence could be employed by a third person. 1337 explained undue influence. Causal fraud is introduced under the following article which is 1338. Hence, fraud by concealment was discussed on the next article which is 1339. Meanwhile, article 1340 states that the usual exaggerations in trade are not ground to invalidate a contract. Article 1345 - 1346 discussed different kinds of simulations. We have absolute and relative. Then, we move on to section 2 which is the object of contracts. Article 1347 - 1348. Explained what is object which is the second essential requisite of a valid contract. And then, under the said section were enumerated the requisites of a thing as object of a contract. And as a general rule, all things, or services, or rights, may be the object of a contract. 1350 is about cause, 1351 is about motive. Clearly, motive is not cause. It was more elaborated since article 1352 - 1353 discussed the requisites of a cause. And every contract is presumed to have a cause. That one's stated in article 1354 - 2355. These are all, Atty. Thank you so much! Hoping and praying for this to help me ace my exam this coming finals. lol asdfghkl. God bless you and your family!
Francisco, Yvonne Lee R. 1 BSA-B Good day, Atty! Here are some of my notes from this video: • Article 1318 talks about requisites of a contract and classes of elements of a contract. Section 1 - Consent • Article 1319 is about Consent. It is the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party. • Article 1320 speaks about forms of acceptance. • Article 1321 - Person making the offer has the right to prescribe the time, place, and the manner of acceptance. • Article 1322 is about communication of acceptance. • Article 1323 - Offers becomes ineffective upon: death, insanity, civil interdiction, and insolvency of either party. • Article 1324 is about Option Contract. Giving a person for a consideration a certain period within which to accept the offer of the offerer. • Article 1325 is about business advertisements. • Article 1326 is about bidders. • Article 1327 - Capacity to give consent is presumed. • Article 1328 talks about lucid interval. It is a temporary period of sanity. • Article 1329 is about modification declared for incapacity and other special disqualifications provided by law. • Article 1330 speaks about the characteristics and vices of consent. • Article 1331 is about mistake. It is a false notion of a thing or a fact material to the contrary. • Article 1332 - The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract. • Article 1333 - If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is no mistake. • Article 1334 is about mistakes of law. • Article 1335 talks about violence. It requires the employment of physical force. • Article 1336 - Violence or intimidation may be employed by a third person. • Article 1337 speaks about undue influence. It is influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgment and discretion. • Article 1338 is about Causal Fraud. It is committed by one party before or at the time of the celebration of contact to secure the consent of the other. • Article 1339 is about Fraud by concealment. It is failure to disclose facts when there is dury to reveal them. • Article 1340 refers to Usual exaggeration in trade. It is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible. • Article 1341 - General Rule: A mere expression of an opinion does not signify fraud. • Article 1342 is about Fraud by a third person. Presumption: both contracting parties are acting in good faith. • Article 1343 talks about fraud made in good faith. If the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. • Article 1344 - When fraud is employed by both parties, neither may ask for annulment as the fraud of one neutralizes that of the other. In such case, the contract is therefore valid. • Article 1345 - 1346 is about simulation of a contract. It is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. SECTION 2 - OBJECT OF CONTRACTS • Article 1347 - 1348 is about object and its requisites. Object is the second essential element of a valid contract. • Article 1349 - The fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence. It is sufficient that the object of a contract is possible to determinate as to its kind without the need of a new contract. SECTION 3 - CAUSE • Article 1350 talks about Cause (causa). It is essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. • Article 1351 is about motive. The purely personal or private reason which a party has in entering into a contract. • Article 1352 - 1353 speaks about the requisites of cause. • Article 1354 - 1355 - Presumption in contracts as to cause: (1) Every contract is presumed to have a cause. (2) The cause is valid. Thank you for this lecture, Atty!
Melendrez, Jonalyn C. 1 BSA-B Good day Atty.! Here are some of my takeaways from this video lecture: •Article 1318 talks about the essential requisites of contracts. Consent, object and cause or consideration. •Consent, according to Article 1319, is the agreement of one contracting party's will with that of another/others, and it is the conformity of wills (offer and acceptance). Take note that the offer must be specific and seriously intended, and the acceptance must be explicit and unconditional. •Article 1320 states that acceptance may be express in the form of an agreement to pay through oral or written communication, or implied which is determined from an act or behaviour. •Article 1321 deals with the matters that the offerer has the capacity to decide. The offerer has the right to specify the time, place, and mode of acceptance, and all of which must be complied with. •The communication of acceptance is covered by Article 1322. To the offerer, acceptance of the offer must be absolute. In terms of the agent, he is regarded as an extension of his principal's personality. •Article 1323 discusses the offers that become ineffective due to death, insanity, civil interdiction, or insolvency of one party. •The general rule stipulated in Article 1324 is that an offer may be withdrawn at any moment prior to acceptance. •Article 1325 pertains to the business advertisements which is generally not definite offers yet are merely invitations to the reader to make an offer. •Article 1325 refers to business advertisement that are often not precise offers but rather invitations to the reader to make an offer. • Article 1326 talks about the advertisement for bidders which is also generally not definite offers. The advertiser is not the one who makes the offer in this case. Since the bidder is the one who makes the offer, the advertiser has the option to accept or reject it. •Article 1327 is all about the persons who cannot give consent. •Contracts entered into during a lucid interval are valid according to Article 1328. However, contracts agreed in a state of drunkenness are voidable. Lucid Interval means that it is a temporary period of sanity. •Article 1329 is all about the modifications of the incapacity declared in Article 1327. •As per Article 1330, a contract is voidable if consent is given by mistake, force, harassment, gross negligence, or fraud. •Article 1331 defines a mistake as a distinct assumption of a thing or a substantial fact. •The person enforcing the contract has the burden of establishing that the agreement is clarified to the party who is unable to read or understand the language chosen which is stipulated in Article 1332. •Article 1333 states that if a person knows of the contract terms' danger but still approves it, it is presumed that he is prepared to take a chance or risk, and there are no mistakes. •Article 1334 deals with a mistake of law or legal error and its consequences. In most cases, a mistake of law does not invalidate consent since "ignorance of the law excuses no one from compliance therewith". •Under Article 1335, to deem that the consent is void, the force used must be either severe or irresistible. Thus, this article pertains to the nature of violence or force and intimidation or threat. •Article 1336 states that violence or intimidation may possibly be employed by a third person. •In Article 1337, undue influence is a kind that overpowers the mind of a party, to prevent him from acting voluntarily. •As per Article 1338, Causal Fraud occurs when one part commits fraud in completion of a contract. The requisites of causal fraud is clearly stated in this article. •When there is a legal requirement to do otherwise, Article 1339 pertains to deception by hiding or omitting to disclose facts. •Article 1340 mentioned situations that should not be regarded fraudulent. •A mere statement of an argument doesn't quite constitute fraud, according to Article 1341 general rule. •Third-party fraud is discussed in Article 1342. There are two mistakes in this article, insubstantial and substantial. Insubstantial does not void the contract. While the term "substantial" refers to the contract's ability to be canceled, primarily due to a mistake. •If a deception is done in good faith, it is deemed to be a minor mistake, according to Article 1343. •The distinction of effects of causal and incidental fraud is clearly stated in Article 1344. •The simulation of a contract is discussed in Articles 1345-1346. Absolute Simulation occurs when a contract does not exist in the first place and the parties do not seek to be obligated in any way. When the parties' contract differs from their genuine agreement, this is known as relative simulation. •Articles 1347-1349 talks about the object which is known as the second essential element of a contract. •Article 1350-1355 pertains to the cause (causa) and its requisites. Thank you so much for this video lecture Atty.!
PACHECO, LIANNE CAMILLE A. PAMANTASAN NG CABUYAO 1-BSA-A Good Day, Atty. Reyes! Here are the key takeaways from this video lecture. Article 1318 states the three requisites of a contract: 1. Consent - conformity or concurrence of wills and concerning contracts, is the agreement of the contracting parties will. 2. Object - subject matter of the contracts 3. Cause - (consideration) the essential reason for the contract This article also enumerates the classes of elements of a contract: 1. Essential - no contract can validly exist regardless of the parties’ intentions 2. Natural - presumed to exist in certain contracts 3. Accidental - particular stipulations, clauses, terms, or conditions established by the parties in their contract Article 1319. Explains the meaning of an offer (proposal made by one party to another), acceptance (manifestation by the offeree of his assent to all the terms of the offer), and counter-offer (rejection of the original offer and attempt by the parties to enter into a contract on a different basis). An offer that is made in jest, anger, or when emotionally upset is not valid. Article 1320. Explains the two forms of acceptance; express - oral or written; implied - (can also be oral or written) inferred from act or conduct. Article 1321. The person making an offer has the right to prescribe the time, place, and manner of acceptance. Article 1322. This explains the concept of Communication of Acceptance to the offerer (acceptance must be absolute), and to the agent (agent is considered as an extension of the personality of the principal). Article 1323. An offer becomes ineffective upon the death of parties, insanity, and civil interdiction. A civil interdiction is an accessory penalty imposed by the court of law when a person is convicted of a crime that is more than twelve years of imprisonment. This is considered as a prohibition to a person to exercise his civil rights. Article 1324. An option contract is an agreement that gives a person a consideration for a certain period within which to accept the offer of the offerer. An option period is a period given within which the offeree must accept the offer. Option money is the money paid or promised to be paid in consideration for the option. Option refers to the privilege given to the offeree to accept an offer within a certain period. The offer may be withdrawn as a matter of right at any time before acceptance. Article 1325. Business Advertisements are not definite offers but an invitation to the readers to make an offer. Article 1326. Bidders are the ones making the offer which the advertiser is free to accept or reject. The advertiser is not bound to accept the highest or lowest bidder unless the contrary appears. Article 1327. The persons who cannot give consent are the unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to write because these persons may easily be the victims of fraud. Article 1328. Lucid Interval is the temporary period of sanity. Drunkenness and Hypnotic Spell - impair the capacity of a person to give intelligent consent. Article 1329. Modifications declared for incapacity: 1. Necessaries 2. Life, health, and accident insurance 3. If entered into a guardian or legal representative 4. If the other party believe the legal capacity of a minor, who misrepresented his age 5. Minor voluntarily pays a sum of money Article 1330. The characteristics of consent are: intelligent, free and voluntary, and conscious and spontaneous. Article 1331. The mistake is a false notion of a thing or a fact material to the contrary. Mistakes of a fact arise from ignorance or lack of knowledge. A mistake of law is a substantial mistake of fact. Article 1332. The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract. Article 1333. If a person is aware of the risks upon entering into a contract and still accepts it, there is no mistake. Article 1334. Mistake of law arises from ignorance of some provision of law or from the erroneous interpretation of its meaning. Article 1335. Violence means there is physical force. Article 1336. Violence or intimidation does not only arise from the two contracting parties but it can also be done by a third person. Article 1337. Undue influence is an influence of a kind that so overpowers a party's mind to prevent him from acting understandingly and voluntarily to do what he could have done if he had been left to exercise freely his own judgment and discretion. Article 1338. Causal fraud is committed by one party before or at the time of the celebration of a contract to secure the consent of the other. Article 1339. Fraud by concealment means that there is a failure to disclose facts when there is a duty to reveal them. Article 1340. Usual Exaggerations in trade are not considered fraudulent since the seller is normally expected to be exaggerated to make sales at the highest price possible. Article 1341. General Rule: A mere expression of an opinion does not signify fraud. Article 1342. Presumption: Both contracting parties are acting in good faith. Article 1343. Fraud made in good faith is when the misrepresentation is not intentional but made in good faith. Article 1344. In causal fraud, there is an annulment of contract and payment of damages. In incidental fraud, there’s the only payment of liability for damages. Article 1345-1346. Simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract that is either non-existent or concealed. Article 1347-1348. All things, or services, or rights may be the object of a contract. Article 1349. The object of a contract must be determinate as to its kind or at least determinable without the necessity of a new or further agreement between parties. Article 1350. Cause or causa is the essential reason or purpose which the contracting parties having in view at the time of entering into the contract. Article 1351. A motive is a purely personal or private reason which a party has in entering into a contract. Article 1352-1353. This article states the requisites of cause. A cause must exist at the time the contract is entered into, must be lawful, and must be true or real. Article 1354. The cause exists and is lawful unless the debtor proves the contrary. Article 1355. The lesion is any damage caused by the fact that the price is unjust or inadequate.
Thank you so much, Atty. Reyes! God bless and keep safe!
Alyanna Cepe 1 BSA-A Pamantasan ng Cabuyao Here are my takeaways in this video: Art. 1318 talks about the requisites of a contract; (1). Consent, (2). Object, and (3). Consideration. It also talks about the classes of elements in a contract which are (1). Essential, (2) Natural, and (3). Accidental. On the essential requisites of a contract, all contracts must have its essential elements because it is not valid if there is none. Art. 1319 states that consent is the agreement of parties of the will in a contract while offer is a proposal from one of the contracting parties to the other party. There is also called counter-offer which means rejection of a party to the offer and entering a contract on a different basis. On the other hand, the forms of acceptance can be oral or implied according to Art. 1320. Art. 1321 says that the person making the offer can prescribe the time, place, and the manner of acceptance. Art. 1322 talks about communication of acceptance. As of Art. 1323, the offer becomes ineffective upon the death, insanity, civil interdiction, and insolvency of the party. There are other grounds which render the offer ineffective. Art. 1324 explains that option is a privilege given to the person accepting the offer. Contract wherein a person is given consideration on which time he will accept the offer while option period is the time given on which he will accept the offer. Option money is the money paid or will be paid in consideration of the option. Art. 1325-1326 explains about business advertisements and bidders, and how it is not an offer. Art. 1327 states that the capacity to give consent is presumed and there are persons who cannot give consent which are minors, demented persons, and deaf-mutes who do not know how to write. It is because they can easily be a victim of fraud. According to 1328, there is called a lucid interval which means temporary period of sanity. Also, drunkenness or hypnotic spell impair the capacity of a person to give intelligent consent. Art. 1329 talks about modifications declared for incapacity, and there are other special disqualifications provided by law. As of Art. 1330, the characteristics of consent are intelligent, free and voluntary, conscious and spontaneous. It also talks about vices of consent. Art. 1331 states that mistake is a false notion of a thing. There is also what they call mistake of fact, mistake of law. This article also states the effect of mistake. Art 1332-1336 talks about the burden to prove that a contract is well explained is the person who is enforcing the contract. There is no mistake if the person is aware of the risk affecting the contract and still accepts it, then it is presumed that he is willing to take the risk. The mistake of law is defined with its reason and effect. Violence is also explained with its requisites, and it may be employed by a third person. Art. 1337-1340 is about undue influence and circumstances to be considered, causal fraud and its requisites, fraud by concealment, and usual exaggeration in trade. According to Art. 1341, a mere expression of an opinion does not signify fraud and there are requites of exception about that. Art. 1342-1344 is about substantial and insubstantial mistake with its effects, fraud made in good faith, the effect of causal and incidental fraud. Art. 1345-1346 talks about simulation of a contract and its kinds which are absolute simulation, and relative simulation. Art. 1347-1348 talk about the object as a second essential element of a contract together with the requisites of thing and service as object of contract but it has exceptions. Art. 1349 says that the quantity is not determinate will not be a hindrance for a contract to exist. Art. 1350-1355 talk about the cause or causa, motive, the requisites of cause, presumption in contacts as to cause, and the cause of contracts and its effect.
Bumatay, Ma. Leah B. 1 BSA-A (Pamantasan ng Cabuyao) Good day, Atty. Here are my takeaways from this video. In Article 1319, consent is defined as conformity or concurrence of will and with the respect to contracts. Offer is a proposal and acceptance is a manifestation by the offeree of his assent to all the terms of the offer. Rejection of the original offer and attempt by the parties to enter into a contract on different parties is called a counter-offer. There are 2 kinds of acceptance namely express which means oral or written, and implied as inferred from act or conduct. Article 1321 says that the person who makes the offer has the right to prescribe the time, place, and manner of acceptance. Under Article 1323, death, insanity, civil interaction, and insolvency of either party cause where an offer to become ineffective. In Article 1325, a business advertisement is not an offer but an invitation to the reader to make an offer. As a general rule, the advertisers are not bound to accept the highest bidder or the lowest bidder unless the contrary appears. The persons who cannot give consent are minors who are unemancipated, insane or demented persons, and deaf-mutes who do not know how to write (Article 1327). In Article 1329, there is special disqualification provided by law, which are the persons suffering the accessory penalty civil interdiction, hospitalized lepers, prodigals, deaf and dumb, those who are unsound mind, and those who are unsound who because of age, disease, weak mind. Article 1330 explained the 3 characteristics of consent which are intelligent (capacity to act), free and voluntary (no violence and intimidation), and conscious and spontaneous (no mistake, undue influence, or fraud). Fraud or deceit, intimidation or threat or duress, violence or force, undue influence, and mistake or error are considered as the vices of consent. The requisites of intimidation or threat are reasonable, well-grounded evil, imminent and grave, upon his person or property or his spouse, descendants, or ascendants, which is why he enters into a contract (Article 1335). Casual fraud under article 1338 is defined as a committed by one party before or at the time of the celebration of a contract to secure the consent of the other. Fraud by concealment is a failure to disclose facts when there is a duty to reveal them while fraud made in good faith is when it is misinterpreted or not intentional but made by good faith, it is considered a mere mistake or error. Fraud is more serious than a mistake where a guilty party of fraud has a greater liability. Section 2. Object of contracts. Article 1347-1348 discussed the meaning of an object which is the 2nd essential element of a valid contract where it may be a thing, right, or service. The requisites of thing as object contract: within the commerce of men; no be legally or physically impossible; in existence or capable of coming into existence; determinate or indeterminate. The requisites of a thing as a subject are just like the requisites of a thing as an object except determinate or indeterminate.
Dacillo, Mia France B. 1BSA-A Pamantasan ng Cabuyao Thank you, Attorney. For making a video to fully understand the Contracts- Elements is. Article 1318. There is no contract unless the following requisites concur: (1) Consent of the contracting parties; (2) Object certain which is the subject matter of the contract; (3) Cause of the obligation which is established. SECTION 1. CONSENT Article 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. Article 1320. An acceptance may be express or implied. Article 1321. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with. Article 1322. An offer made through an agent is accepted from the time acceptance is communicated to him. Article 1323. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. Article 1324. When the offer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised. Article 1325. Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer. Article 1326. Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears. Article 1327. The following cannot give consent to a contract: (1) Unemancipated minors; (2) Insane or demented persons, and deaf-mutes who do not know how to write. Article 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable. Article 1329. The incapacity declared in Article 1327 is subject to the modifications determined by law and is understood to be without prejudice to special disqualifications established in the laws. Article 1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. Article 1331. In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract. Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. A simple mistake of account shall give rise to its correction. Article 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. Article 1333. There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. Article 1334. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent. Article 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. Article 1338 causal fraud committed by one party before or at that time of the celebration of contract to secure the consent of the other. Article 1336. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract. Article 1337. There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness or was ignorant or in financial distress. Article 1338. There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter a contract which, without them, he would not have agreed to. Article 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud. Article 1340. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. It is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible. Article 1341. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former’s special knowledge. Article 1342. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual. Article 1343. it talks about fraud made in good faith meaning if the misinterpretation is not intentional but made in good faith it is considered a near me steak or error. Article 1344. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. Incidental fraud only obliges the person employing it to pay damages. Article 1345-1346. it discuss the simulation of a contract. Simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement. There are kinds of simulation which are absolute simulation and relative simulation. SECTION 2. OBJECT OF CONTRACTS Art. 1347- 1348. It talks about object which is the second essential element of a valid contract. It may be things, rights, or services. It also discuss the requisites of thing as object of contract. Article 1349. The object of every contract must be determinate as to its kind. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract, provided it is possible to determine the same, without the need of a new contract between the parties. SECTION 3. CAUSE OF CONTRACTS Article 1350. In onerous contracts the cause is understood to be, for each contracting party, the prestation or promise of a thing or service by the other; in remuneratory ones, the service or benefit which is remunerated; and in contracts of pure beneficence, the mere liberality of the benefactor. Article 1351. The particular motives of the parties in entering into a contract are different from the cause thereof. Article 1352-1353 talks about the requirements of the cause which is it must exist at the time the contract is entered, it must be lawful and it must be true or real. Art. 1354-1355 talks about the presumption of contracts as to cause: every contract is presumed to have a cause, and every cause is valid. Thank you Atty for this video lecture.
Dela Chica, Beniline D. Pamantasan ng Cabuyao 1BSA-B Good day, Atty! Here is my takeaway from this lecture video! The first article in the video discusses the essential elements of a contract which are the consent, object, and consideration, as well as natural and accidental elements. The terms consent, offer, and acceptance are mentioned in Article 1319 while the two types of acceptance, express and implied, are described in the following article. Furthermore, according to Article 1321, the person who makes the offer has the right to specify the time, place, and mode of acceptance. In Article 1323, it discusses that when offers become ineffective due to death, insanity, civil interdiction, or insolvency of one party. Article 1324 states that an offer may be withdrawn at any time prior to acceptance as a general rule. Articles 1325 and 1326 deal with not definite offers which are the business advertisement and a bidders' advertisement. Persons who are unable to give consent are discussed in Article 1327. Contracts entered during lucid intervals, drunkenness, or during a hypnotic spell are voidable, according to Article 1328. Moreover, according Article 1330, a contract is voidable if consent is granted by mistake, violence, intimidation, undue influence, or fraud. A mistake is a false perception of a thing or a material fact to the contrary as per discussed in Article 1331. Article 1332-1333 - The person enforcing the contract should explain it to a person who is unable to read or understand the language used. And there are no mistakes if the person accepts the offer while understanding the contract's risk. In Article 1334, mistake of law does not invalidate consent because ignorance of the law excuses no one for compliance therewith. The nature of violence and force was addressed in article 1335, and the effect of it on the obligation was discussed in article 1336. Article 1337 defines undue influence as an influence that dominates a party's mind and hinders him from acting reasonably. Meanwhile, article 1338 concerns Causal Fraud, which occurs when one party commits fraud prior to the contract's completion and is the reason for the other party's participation. When there is a legal requirement to do so, Article 1339 refers to deception by concealing or failing to disclose facts. Article 1341 explains that an expert's declaration of an opinion does not constitute fraud unless the other party relied on the former's unique expertise. While Article 1342 discusses fraud made by a third person. A insubstantial mistake does not cause the contract to be canceled, however a substantial mistake can cause the contract to be canceled due to the mistake. Article 1343 explains that a good-faith fraud is considered a simple mistake. Article 1344 specifies the effect of causal fraud, which is the annulment of the contract and the payment of damages by the guilty party, as opposed to the effect of incidental fraud, which is the obligation for damages. Lastly, Article 1345 - 1346 is about simulation of a contract. It is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. The second essential requisite of valid contracts, the object, is discussed in section two of this chapter. It can be things, rights, or services. If the object is a thing, it must also meet four requirements: (1) it must be within the scope of human commerce; (2) it must not be legally or physically impossible; (3) it must exist or be capable of existing; and (4) it must be determinate. The general rule in this is that any thing, service, or right can be the object of a contract. Thank you, Atty for this informative lecture video!
Olaivar, Jayvee D. 1BSA-A Pamantasan ng Cabuyao Chapter 2: Essential Requisites of Contracts (Article 1318-1355) This chapter is divided into the three requisites of a contract according to Article 1318 which are Consent, Object, and Consideration. The article also tackles the different classes of elements of a contract: Essential, Natural, and Accidental. All contracts must have the essential elements otherwise that contract will not exist validly. Section 1: Consent (Article 1319-1346) Every contract has required to have the consent of the contracting party, the offer or the proposal, the acceptance of the offer, but as of Article 1319 the offer can be rejected or can be changed, it is called a counter-offer. The acceptance of the offer can be Express (oral or written) or Implied (inferred from the act) as of Article 1320. The offer becomes ineffective in some situations like death, insanity, civil interdiction, and insolvency. According to Article 1324, the offeree has the privilege to have options in accepting the offer these are: 1) option contract, 2) option period, 3) option money. But as the general rule, the offeree has the right to withdraw the offer at any time before acceptance. Some persons cannot give consent according to Article 1327, these are minors, insane persons, and deaf-mutes who cannot read and write. These persons are disqualified to give consent because they can be easily fooled and can be victims of fraud. In Article 1330, there are characteristics of consent, it must be intelligent or has the capacity to act free and voluntary means there's no violence or intimidation happened to the offeree, and conscious and spontaneous. Mistakes are sometimes happened in forming the contract or giving consent, it is divided into Mistake of Fact- ignorance or lack of knowledge and Mistake of Law a substantial mistake of fact. In Articles 1338 to 1344, it talks about a different kind of fraud that can happen in forming a contract: causal fraud, fraud by concealment, fraud by a third person and fraud made in good faith. Causal frauds are resulting in the annulment of the contract and payment for damages, while for incidental fraud the effect is just there is a liability for damages. Article 1345-1346, stated the two kinds of simulation of contracts or deliberately deceiving and pretending the agreement: 1) absolute simulation(fictitious contract), 2) relative simulation(different contract). Section 2: Object of Contracts (Article 1347-1349) As of Article 1318, an object is the second element of a valid contract. It can be things, services, and rights. The object should be legally and physically possible, within the commerce of men, and capable in existence. The quantity of an object shall not be a hindrance in the existence of the contract. Section 3: Cause (Article 1350-1355) In every contract, there should be the main purpose or the cause of the existence of a contract. The reason of the parties in entering the contract. According to Article 1351, a motive does not mean the cause, it constitutes the personal and private reason of a party in entering into a contract. The cause should be lawful, true, or real, and must exist at the time the contract is entered, unless if not the contract will and can be void.
Ramos, Olivia Melissa P. 1 BSA - A Pamantasan ng Cabuyao Good day, Atty! With the help of your provided video here is the summary of my understanding regarding the lesson. The three essential elements of a contract are consent, object, and consideration. It also looks at the three types of contract elements: necessary, natural, and accidental. In essence, regardless of the parties' intentions, no contract may be legitimate. Natural, on the other hand, is assumed to exist, whereas accidental refers to the parties' specific agreements. The agreement of the contractual party will be characterized as consent. It demonstrates the people's willingness to agree or comply. It also defines the words, defining offer as a proposition made by one person to another and acceptance as the demonstration of his consent to all of the terms of the offer. When emotional distress is deemed unjustifiable, make an offer. Expresses, whether written or oral, give the forms of acceptance. If inferred from an act or behavior, implied. There will be occasions when an offer becomes ineffective due to death, insanity, civil interdiction, or the incapacity of a person to exercise his civil rights, such as when a person is convicted of a civil offence or when either party becomes insolvent. The period during which the other party must accept the offer is known as the option period. As a general rule, the offer may be withdrawn at any moment prior to acceptance as a matter of right. Unless otherwise stated, the advertiser is not obligated to accept the highest or lowest bidder. The capacity to provide permission is inferred unless the individual is an un-emancipated juvenile, an insane or demented person, or a deaf-mute who does not know how to write, as these are the people who are most likely to fall victim to fraud because they are unable to understand the consequences of their acts. The person enforcing the contract has the burden of proof to show that the contract was adequately drafted and described, as mentioned in Article 1332, and if the person is aware of the danger and does not protest, it is considered that he is ready to bear the risk, implying that there is no error. For an item to be utilized as a contract object, it must be within the realm of human trade, not legally or physically impossible, and capable of coming into being. It must also be pre-existing. A cause must exist at the time of the contract's signing, be legal, and be actual. In the absence of cause, it confers no right and has no legal consequences. If there is a failure of cause, the contract will not be legitimate, and if the cause is illegal, the contract will be invalidated. Thank you and stay safe, Atty.
Arlantico, Mary Rose C. 1 BSA-A Pamantasan Ng Cabuyao Good day Atty. Thank you for the video lecture. These are my takeaways from the video. Article 1318, talks about the requisites of a contract and the classes of elements of a contract. The three requisites of a contract are consent, object, and consideration. On the other hand, there are three classes of elements of a contract such as essential, natural, and accidental. All contracts must have the essential elements otherwise that contract will not exist validly. SECTION 1: CONSENT Article 1319, talks about consents the first requisites of a contract, consent is a conformity of wills with respect of contracts and the agreement of the contracting party. Art.1319 also talks about offer which refers to the proposal made by one party to another, acceptance which refers to the manifestation by the offeree of his assent to all the term of the offer, on the other hand, counter-offer is the rejection of the original offer. Offer can be void if it is made in jest, anger, and when the offer is made in emotionally upset. Article 1320, talks about the different forms of acceptance. It can be either express or implied. Expressed when it is oral or written and implied if it is inferred from act or conduct. Article 1321, talks about a person making the offer. A person who has the right to prescribe the time, place, and the manner of acceptance. Article 1322, talks about the communication of acceptance. To the offerer acceptance must be absolute since the agent is considered as an extension of personality of the principal. Article 1323, talks about the how the offer becomes ineffective. Offer become ineffective if one of the parties died, insane, insolvent, and if it subject to civil interdiction which a person who has an inability or probation to exercise his civil rights. Article 1324, talks about option contract which is the very important provision of article 1324, and when a person given a consideration to a certain period within which to accept the offer of the offerer. It also called as option period. On the other hand, option money is a money paid or promised to be paid in consideration for the option. Option is a privilege given to the offeree to accept an offer within a specific period of time. As a general rule, offer may be withdrawn as a matter of right at any time before acceptance. Article 1325, talk about business advertisement which is just an invitation for the reader to make offer but not generally not define offers. Article 1326, talks about bidders, a person who makes the offer which the advertiser has an option to reject or accept. As a general rule, the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Article 1327, talks about persons who cannot give consent to a contract. If the person is Unemancipated minors, deaf-mutes who cannot write, insane/ demented people are not allowed to give consent to a contract. The reasons for disqualifications is those persons is may be easily be the victims of fraud as they are not capable of understanding or knowing the import of their actions. Article 1328, is an exception to the art. 1327 in regards to the insane or demented persons. If a contract is made during lucid interval where the insane person will regain his sanity, where he can able to identify which is the real or not, then the contract is valid. However, if the person who will give a consent is in the state of drunkenness and hypnotic spell, then the contract is void. Article 1329, talks about modification declared for incapacity. There are other reasons why a person cannot enter into a contract or give consent that’s provided by law, if a person is suffering the accessory penalty civil interdiction, if it is hospitalized lepers, prodigals, deaf and dumb, those who are unsound mind, and those who are by reason of age, disease, weak mind cannot contract with a contract without outside aid, take care of themselves. Article 1330, talks about the characteristics of a consent, it states that a consent must be intelligent which there is a capacity to act, free and voluntary where there will be no form of violence and intimidation, and conscious and spontaneous and where consent doesn’t have a mistake of undue influence or fraud. However, a consent will be voidable if it is made through fraud or deceit, intimidation of threat, violence of force, undue influence, and mistake or error. Article 1331, define mistake as a false notion of a thing or a fact material to the contrary. There are two different mistakes under the art.1331, mistake of fact which arises from ignorance and mistake law which is a substantial mistake of fact. A simple mistake will not invalidate a contract on the other hand, gross mistake, will give a party a unavoidable liability on the ground of mistake. Article 1332, talks about a person who tries to enforce a contract which he will have a burden to prove that the contract is well explained to the person who is unable to read or cannot understand the language used. Article 1333, talks about a person who is aware of the risk of accepting a contract but still he accepted it, then it presumed that there will be no mistake. Article 1334, talks about a mistake of law which arises from an ignorance of some provision of law, that will not invalidate consent because ignorance of law excuses no one from compliance therewith. Article 1335, talks about violence which requires a physical force in order for other party to agree to the contract. There are requisites of intimidation or threat, a threat should be reasonable well-grounded evil, imminent and grave and if it is the reason why he enters into a contract. Article 1336, refers to the involvement of a third person to the violence or intimidation on the art.1335. Article 1337, talks about undue influence, which is an influence of a kind that affect the mind of the person that prevent him from acting understandingly. There are circumstances that should be considered if there is an undue influence, (1) confidential, family, spiritual or any relations between parties; (2) Mental weakness; (3) ignorance, and (4) financial distress. Article 1338, refers to the casual fraud which is an important provision under this article and its requisites. A casual fraud is committed by one party before or at the time of the celebration of contract to secure the consent of the other. Requisites of casual fraud are, (1) it must be misrepresentation or concealment of a material fact with knowledge of its falsity; (2) serious; (3) employed by only one of the contracting parties; (4) induced the consent of the other contracting party and (5) alleged and provided by clear and convincing evidence. Article 1340, talks about usual exaggeration in trade which is not a fraudulent and dealer’s talk or trader talk which is the representations that do not appear on the face of the contract and these do not bind either party. Article 1343, talks a fraud that is made in good faith which is voidable on the ground of mistake. A fraud is more serious than mistake and if a person is guilty of fraud, then he is subject to a greater liability. Article 1344, talks about effects of causal and incidental fraud. A casual fraud will take effect by giving an annulment of a contract and a party will be subjected to the liable for damages. On the other hand, incidental mistake will not be ground on annulment of a contracts but only liability for damages. Article 1345-1346, talks about the simulation of a contract which is an act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existence or concealed. There are two kinds of simulation of a contract it can either be absolute simulation or relative simulation. SECTION 2: OBJECT OF CONTRACTS Article 1347-1348, talks about object which is the second essential elements of a valid contract it can be a things, rights, or services. It also states the four requisites of thing as object of contract, (1) it must within the commerce of men; (2) it should not be legally or physically impossible; (3) if it is in existence or capable of coming into existence and (4) if it is determinate. As a general rule of article 1347-1348, all things, services, rights may be the object of a contract. As an exception to the general rule, if it is transmissible rights by nature, or by stipulations, or provision of law. If the things outside the commerce of man, if the things or services is impossible, future inheritance which cannot be the object of a contract and if the object which is not possible of determination as to their kind. Article 1349, talks about the quantity in a contract which has not been stipulated by the parties, then it is not a hindrance for a contract to come into existence. SECTION 3: CAUSE Article 1350, define cause (causa) as an essential which the contracting parties have in view at the time of entering into the contracts. Article 1351, talks about motive, it is a purely personal reason which a party has in entering into a contract. Article 1352-1353, gives the requisites of cause that (1) it must exist at the time the contract is entered; (2) must be lawful and (3) must be true or real. Article 1354-1355, talks about the cause of the contracts and its effect. If there is an absence or want of cause, the confer will have no right and produce no legal effect or the contract will be void. Failure of cause, it does not render the contract as void. Illegality of cause, which the contract is void. Falsity of cause, contract is void when the parties show that the other cause is true and lawful. Lesion, as a general rule it does not invalidate the contract unless when there is fraud, mistake, undue influence and in cases specified by law. Thank you for the video lecture, Atty. God Bless po
Galang, Leigh Nicole S. Pamantasan ng Cabuyao 1 BSA - A Good Day Attorney! Although a contract is just a piece of paper that you sign to seal the deal, you can still end up in court due to misinterpretation. A poorly written contract is not necessarily the reason a person can face a lawsuit. Even if your contract has been prepared by one of the biggest law firms in the country, it is still not immune to criminal charges if the obligations that are stated have not been fulfilled. There are basic elements in a contract, which need to be present before any deals can be made. A contract refers to an agreement of two or more contracting parties on a particular venture whereby one person binds himself, with respect to the other, to render services or give something. The contract must not be obtained through undue influence, coercion, misrepresentation and fraud. As a general rule, the party who has suffered due to breach of contract can claim money damages from the other. The breaching party will also be ordered by the court to perform obligations that are stipulated in the contract. Contracts cannot completed without the following requisites: (1) Contracting parties' consent; (2) subject matter of the contract; and (3) the cause of the obligation. The Basic Elements of Contracts Consent In general, when a consent is given, the contract is considered perfected. It can be deemed an oral contract that binds both contracting parties. One person must have a definite offer and the other must have an absolute acceptance of the offer. Object of the Agreement The subject matter refers to the object of the contract. If a thing is deemed outside the commerce of man, it will not be accepted as the object of the contract. Contracts are made to transfer the rights of property, render services and others. However, the object of the contract must not be contrary to law, good customs, morals and public order. Consideration The cause of the contract will be based on the type of contracts. For instance, onerous contract's cause is the promise of service or thing by the other person. Remunatory contract's cause is the benefit or service, which is being remunerated. For contracts of pure beneficence, the cause is the benefactor's liberality. The cause can only be defined based on the nature of the contract. An oral contract may not suffice even if both parties have made an agreement. A written contract is a strong proof that a deal or agreement has been made. It includes the necessary details that can be used in court when the obligations have not been met.
Padayao, Louisa Marie O. 1BSA-B Good day, Atty. I’ve learned from this video lecture about the essential requisites of contracts given its acronym, COC - consent, object, and consideration. There are three classes of elements of a contract: essential requisites are those in which a contract may not validly exist regardless of the parties’ intentions; natural are those presumed to exist in a certain contract, and; accidental in which particular stipulations, clauses, terms, or conditions established by the parties in their contracts. For the first section of the chapter 2, the concepts of consent had been discussed. A distinction was made with a consent and an offer. Consent is the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party. An offer, on the other hand, is a proposal made by one party to another. Counter-offer is referred to the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. Acceptance is the manifestation by the offeree of his assent to all the terms of the offer. It has two forms given: an express acceptance may be oral or written, and; an implied acceptance is inferred from an act or conduct. If the communication of acceptance is done to an offerer, the acceptance of the offer must be absolute. While if it is made to an agent, he is considered as an extension of personality of the principal. Offers become ineffective upon four causes: death, insanity, civil interdiction, and insolvency of either party. However, there are also other grounds in which an offer may be ineffective: if there is failure to comply with the condition to offer as to time, place, and manner; the expiration of the period fixed, and; the destruction of the thing due before acceptance. An option is a privilege given to the offeree to accept an offer within a certain period. There are three concepts under it: an option contract is one giving a person a consideration a certain period within which to accept the offer of the offerer; an option period is the period given within which the offeree must accept the offer, and; an option money is the money paid or promised to be paid in considered for the option. A general rule was given stating that the offer may be withdrawn as a matter of right at any time before acceptance. In contracts, the capacity to give consent is presumed. However, there are certain exceptions for a person to be able to give consent: unemancipated minors are those who are below the age of 18; insane or demented persons, and; deaf-mutes who do not know how to write, but if a deaf-mute knows, he is capable to give intelligent consent. These disqualifications are made since these persons may easily be the victims of fraud. Given these disqualifications, consents made during lucid interval, which is a temporary period of insanity, is valid while those which are entered in the state of drunkenness or hypnotic spell are voidable since it only impairs the capacity of a person to give intelligent consent. The three characteristics of consent are: intelligent - there is capacity to act; free and voluntary - no violence and intimidation, and; conscious and spontaneous - no mistake, undue influence, or fraud. Also under this part, the five vices of consent were given. First is error or mistake. A mistake is a false notion of a thing or a fact material to the contrary. It has 2 natures. It could be a mistake of fact which is one that arises from ignorance or lack of knowledge, or a mistake of law which is a substantial mistake of fact. Effects of mistake also differ and may be either simple or one that does not invalidate a contract, or gross or one that a party cannot avoid liability on the ground of mistake. The second vice of consent is violence or force which requires the employment of physical force. Third one is intimidation or threat or duress. It has four requisites given: reasonable well-grounded evil; imminent and grave; upon his person or property or that his spouse, descendants or ascendants, and; it is the reason why he enters into contract. Fourth vice is undue influence which is the influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgment and discretion. The fifth and last vice of consent is fraud or deceit. Causal fraud is one committed by one party before or at the time of the celebration of contact to secure the consent of the other. It has six requisites given: (1) there must be misrepresentation or concealment of a material fact with knowledge of its falsity; (2) it must be serious; (3) it must have been employed by only one of the contracting parties; (4) it must be made in bad faith; (5) it must have induced the consent of the other contracting party, and; (6) it must be alleged and proved by clear and convincing evidence. Fraud by concealment is failure to disclose facts when there is dury to reveal them and is equivalent to false representation. There is a general rule which says that a mere expression of an opinion does not signify fraud. However, there are three requisites for its exception: it must be made by an expert; the other party has relied on the expert’s opinion, and; the opinion turned out to be false. There is a presumption that both contracting parties are acting in good faith. Fraud made in good faith is when the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Fraud is definitely more serious than mistake; hence, the party guilty of fraud is subject to greater liability. Simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. There are two kinds of simulation: absolute simulation or fictitious contract is when the contract does not really exist and the parties do not intend to be bound at all, and; relative simulation is when the contract entered into by the parties is different from their true agreement. The section two of this chapter talks about the second essential requisite of valid contracts, the object. It may be things, rights or services. It also has four requisites if the object is a thing: (1) within the commerce of men; (2) Not be legally or physically impossible; (3) in existence or capable of coming into existence, and; (4) determinate. There is a general rule that all things, or services, or rights may be the object of a contract. However, there are still exceptions to this: intransmissible rights by their nature, or by stipulation, or of provision of law; things outside the commerce of man; impossible things or services; future inheritance except in cases expressly authorized by law, and; object which are not possible of determination as to their kind. Section 3 is all about the last essential requisite of contracts, the cause or causa. It is essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. It has three requisites: (1) it must exist at the time the contract is entered; (2) it must be lawful, and; (3) it must be true or real. This video lecture helped me a lot to extend my understanding about the three essential elements of contracts. Thank you again for this, Atty.
Pama, Kershey Anne L. 1BSA-A I’ve learned that: In Article 1319, Consent is defined as the concurrence of wills and with respect to contract, it is the agreement of the will of the contracting party. Offer, however, is the proposal made by one party to another. Acceptance is the manifestation by the offeree of his assent to all the terms of the office. The rejection of the original offer is called the counter-offer. An offer is said to be invalid if it is made in jest, anger, or when emotionally upset. Article 1320, the different forms of acceptance is discussed in which we have express (oral/written) and implied (inferred from act). Meanwhile, in Article 1321, it is said that the person making the offer has the right to prescribe the time, place, and the manner of acceptance. Article 1322 discusses the communication of acceptance to the offerer which has to be absolute and to the agent which is considered as an extension of personality of the principal. The ineffectivity of the offer is talked about in Article 1323 which is in death, insanity, civil interdiction, and insolvency of either party. There are also other grounds which render offer ineffective. It could be failure to comply with the condition to offer as to time, place and manner, expiration, destruction of the thing due. Article 1223 states that an offer is ineffective upon death, civil interdiction, insanity or insolvency of either party before acceptance is conveyed. Article 1324 talks about the option contract. Article 1325 states that business advertisements of things for sale are not definite offers, but mere invitations to make an offer, unless it appears otherwise. Article 1326 states that advertisements for bidders are simply invitations to make proposala and the advertisee is not bound to accept the highest or lowest bidder, unless the contrary appears. Article 1327 talks about the persons who cannot give consent. Article 1328 states that contracts entered in to during a lucid interval is valid while contracts agreed into in a state of drunkenness or during a hypnotic spell are voidable. Article 1329 discusses about the modifications declared for incapacity. Article 1330 states that a contract where consent is given through mistake, violence, intimidation, undue influence or fraud is voidable. It also discusses the characteristics and vices of consent. Article 1331 talks about mistake. Mistake of fact amd mistake of law. Article 1350-1355 discuss because, it is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Motive, the purely personal or private reason which a party has in entering a contract.
Abion, Francine Joyce P. 1BSA-B Pamantasan ng Cabuyao Good day, Atty. Here is a summary of what I've learned from the video discussion. For Chapter 2, The Essential Requisites of Contracts, the contracts must have consent, object, and consideration. Contracts also have classes of elements called essential, natural, and accidental. Then, the conformation of wills (consent), the proposal made by one party to another (offer), and the manifestation or approval of the offeree to a contract (acceptance) are in Article 1319. It also discusses the counter-offer, which is the rejection of the original offer. The offer only becomes ineffective upon the death, insanity, civil interdiction or the prohibition to exercise the civil rights of the offeror and the insolvency of either party. In Article 1325, I've learned that a business advertisement is not a definite offer. In the forms of acceptance, it could be express or implied based on Article 1320. Express, which means the acceptance is orally or done in writing. Implied is also in written or oral form except that it has interfered from an act. The person making the offer has the right to prescribe the time, place, and manner of acceptance based on Article 1321. Article 1322 talks about the communication of acceptance with the offerer and the agent. It states that the offerer's acceptance must be absolute. The agent is viewed as an extension of the principal's personality. The communication of acceptance to the agent is also the communication to his principal. The option is the right granted to the offeree to accept an offer within a certain time frame according to Article 1324. I've learned that the option contract gives a person or the offeree to accept the offer within a certain period. In addition, there is an option period or the time given to the offeree to accept the offer. There's also option money or the promised money to be paid. In terms of consent, it must be intelligent, free and voluntary, and it must be conscious and spontaneous. Furthermore, some people cannot give consent; they are minors, insane or demented people, and deaf-mutes who cannot write. The reason for their disqualification is they might be a victim of fraud. However, there is an exception to the rule of disqualification due to insanity called a lucid interval. It is a period that permits the insane person to think or regain his sanity. A minor can also pay a reasonable price if it is necessary for the beneficiaries. In addition, a mistake is a vice of consent that refers to a false perception of a thing. Fraud can be a simple or gross mistake. A fraud made in good faith is an example of a mistake or error. According to Articles 1335-1336, violence is the use of physical force by a third party. Article 1337 talks about due influence like kindness or argument that is not prohibited by law because it will not affect or impair consent. Confidential relationships, mental weakness, ignorance, and financial distress will be taken into consideration. Article 1338-1334 talks about causal fraud committed by one party at the time of the celebration of the contract to secure the consent of the other. Causal fraud must be serious and made by bad faith. Failure to disclose facts when there is a duty to reveal them is called a fraud by concealment and is equivalent to false representation. When fraud is causal, it will annul the contract, and the person is accountable for damages, whereas incidental fraud makes the person subject to damages. Articles 1345-1346 presents the simulation of a contract or an act of deceiving a person wherein a contract is non-existent or concealed. There are two kinds of simulation: a fictitious contract or non-existing (absolute simulation) and a contract that is different from the true agreement (relative simulation). Article 1347 talks about the object that is a requisite of a contract. All things, services, or rights may be the object of a contract except when there's a stipulation, impossible, and future inheritance. Articles 1350-1351 determine that motive is not a cause. The cause is a more proximate purpose of contracting parties to enter a contract, while motive is a personal or private reason of contracting parties to enter a contract. Every contract has a cause that is valid. Thank you for this video lecture, Atty.
Misa, Jannah Aliah 1BSA-A Pamantasan ng Cabuyao Good day, Atty! Here are my key takeaways from this video. The requisites of a contract which are consent, object, and consideration was discussed in article 1318 along with the classes of elements of a contract which are essential, natural, and accidental. In article 1319, the definitions for consent, offer, acceptance, and counter-offer was provided. Offer made in jest, anger, or when emotionally upset is not a valid offer. IN article 1320, acceptance may be oral or written (express) or inferred from act or conduct (implied). The person making the offer has the right to prescribe the time, place, and the manner of acceptance. Article 1322 provides the communication of acceptance to offerer and to agent. To offerer, acceptance must be absolute while to the agent, the agent is considered as an extension of personality of the principal. Article 1323 states the circumstances where offer becomes ineffective. In article 1324, the definitions of option contract, option period, option money, and option were discussed. As a general rule, the offer may be withdrawn as a matter of right at any time before acceptance. It was stated in article 1325 that business advertisements do not generally define offers. In article 1326, Bidders are the one making the offer which the advertiser is free to accept or reject. As a general rule, the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Capacity to give consent is presumed but there are exceptions provided in article 1327. The reason for disqualification is these persons may be easily the victims of fraud as they are not capable of understanding or knowing the import of their actions. Article 1328 talks about lucid interval and drunkenness; hypnotic spell. Article 1329 provides the modifications declared of incapacity and the other special disqualifications provided by law. The characteristics of consent are intelligent, free and voluntary, and conscious and spontaneous as provided under article 1330. Mistake can be simple and gross (article 1331). The effect of simple mistake does not invalidate a contract while for gross mistake, the party cannot avoid liability on the ground. Article 1332 states that the person enforcing the contract has the burden to prove that the contract is well explained to the person who is unable to read and write or cannot understand the language used. There is no mistake if the person is aware about the risk affecting the contract and still accept it because it is presumed that he is willing to take chances or risk (Article 1333). The mistake of law, as defined in article 1334, arises from ignorance of some provision of law or from the erroneous interpretation of its meaning. Article 1335 provides the definition of violence that requires the employment of physical force and its requisites. Violence or intimidation can be employed by a third person (Article 1336). Under article 1337, undue influence is tackled as well as the circumstances to be considered. Article 1338 enlightens us about causal fraud which is committed by one party before or at the time of the celebration of contract to secure the consent of the other. The requisites for causal fraud are also provided under this article. Fraud by concealment (article 1339) is the failure to disclose facts when there is duty to reveal them. Article 1340 is about usual exaggerations in trade. In article 1341, as a general rule, a mere expression of an opinion does not signify fraud however there are exceptions. Fraud by a third person presumes that both contracting parties are acting in good faith. Mistake can be substantial or insubstantial (article 1342). Article 1343 states that if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1344 provides the effect of causal fraud which is annulment and damages while incidental fraud is liability for damages. Under article 1345-1346, simulation of a contract is the act of deliberately deceiving others, by feigning of pretending by agreement, the appearance of a contract which is either non-existent or concealed. There are two kinds which are absolute simulation and relative simulation. Article 1347-1348 is about the object and its essential requisites. The fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence (article 1349). Cause is an essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts (article 1350). Article 1351 provides the meaning of motive as a purely personal or private reason which a party has in entering into a contract. Article 1354-1355 states that presumption in contracts as to cause are valid and every contract is presumed to have a cause. That's all. Thank you, Atty!
Reyes, Zhellie Mae 1-BSA-A Pamantasan ng Cabuyao Good day, Atty. Thank you for this video lecture. Here is what I have learned from this lecture video. For the second chapter of contracts, it talks about essential requisites of contracts. Article 1318 speaks about the three requisites of a contract which are consent, object and consideration. It also tackles the classes of elements of a contract which are essential, natural and accidental. In essential, no contract can validly exists regardless of the parties’ intention. On the other hand, natural is presumed to exist and accidental pertains to particular stipulations established by the parties in the contract. Article 1319 provides for the definition of consent as one of the three requisites of a contract. Consent is defined as the agreement of the will of the contracting party. It shows conformity or concurrence wills of the people involved. In addition to that, it also provides the definition of the terms, offer as a proposal made by one to another and acceptance as the manifestation by the offeree of his assent to all the terms of the offer. Offer made in anger or when emotionally upset is considered not valid. Article 1320 provides the forms of acceptance such as express, whether written or oral. Implied, if inferred from act or conduct. Article 1321 states that the person who has the right to prescribe the time, place and the manner of acceptance is the person is making the offer and the acceptance must be communicated in such manner that for the offerer, the acceptance must be absolute and as to the agent, he must be considered as an extension of personality of the principal. There will be times where offer become ineffective if it is upon death, insanity, cvil interdiction or inability to a person to exercise his civil rights such as persons who are convicted to civil crime and insolvency of either party. Article 1324 speaks about option contract or a contract giving a person for a consideration a certain period within which to accept the offer of the offerer. On the other hand, option period is the period given within which the offeree must accept the offer. As a general rule, the offer may be withdrawn as a matter of right at any time before acceptance. As to what is stated in Article 1326, the advertiser os not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Under article 1327, Capacity to give consent is presumed unless it is an unemancipated minors, insane or demented persons and deaf=mutes who do not know how to write as they are the people who may be easily become a victim of fraud as they are not capable of knowing the import of their actions. An insane person can be subject to lucid interval as discussed on the Article 1328, it is the temporary period of sanity. During this, an insane person can be fully mindful of what he is getting into. As for drunkenness or under hypnotic spells, it only impairs the capacity of a person to give intelligent consent but not necessarily be prohibited to give consent. Article 1330 gives the characteristics of consent which are intelligent or when there is capacity to act, free and voluntary when there is no violence and intimidation, conscious and spontaneous meaning there are no mistakes undue influence, or fraud. Vices of consent corresponds to the mnemonic of FIVUM. Fraud, Intimidation, Violence, Undue influence and Mistake. The person who is enforcing the contract has the burden to prove that the contract was well written and explained as discussed on the Article 1332 and if the person is aware of the risk and did not object, it is presumed that he is willing to take the risk thus, there is no mistake. Causal fraud as discussed in the Article 1338 contains requisites such as (1) misinterpretation of a material fact with knowledge of it falsity. (2) Must be serious (3) must be employed by only of the parties (4) must be made in bad faith (5) must have induces the consent of the other party (6) must be alleged and proved by clear and convincing evidence. For the Section 2 of contracts, it speaks about object. It is defined as the second essential element of a contract and may be things, rights or services (Article 1347-1348). A things must be within the commerce of men, not legally or physically impossible and is capable of coming into existence and also have to be pre-existing for a thing to be used as object of contract. Section 3 is about the third essential element of a contract which is cause which is defined in Article 1350 as a more proximate purpose which the contracting parties have in view at the time of entering into the contracts compared to motive which is purely personal reason a party has in entering into a contract which is not considered as a cause (Article 1351). A cause must exist at the time the contract is entered, must be lawful, and must be true or real (Article 1352-1353). In case of absence of cause, in confer no right and produce no legal effect. However, if there is failure of cause, it does not render the contract valid and if the cause is illegal, then the contract is void (Article 1354-1355) Again, thank you for this lecture video, Atty. Keep safe and God bless.
Padillo, Francheska Agatha V. 1BSA-B PNC Good day Atty. These are my takeaways in this video. Article 1318 These are three requisites of contracts: 1. Consent 2. Object 3. Consideration Classes of elements of a Contract: -essential -natural -accidental ( not particularly part of the contract) Article 1319 •Consent means conformity of wills and which respect to contracts, it is the agreement of the will of the contracting party. •Offer means proposal made by one party to another. •Acceptance means manifestation by the offeree of his assent. •Counter-offer means rejection to the original offer and an attempt by the party to enter into a contract on a different basis. Article 1320 Forms of acceptance: 1. Express - orally or written. 2. Implies - inferred from act or conduct. Article 1321 The person making the offer has the right to prescribe the time, place and the manner of acceptance. Article 1322 Communication of acceptance to the offerer, must be absolute and to the agent is considered as an extension of personality of the principal. Article 1323 Offers becomes ineffective upon: 1. Death 2. Insanity 3. Civil Interdiction- an accessory penalty imposed by the court of law when a person is convicted by a crime which is more than 12 years of imprisonment. 4. Insolvency of either party Other grounds which render offer ineffective: 1. Failure to comply with the condition to offer as to time, place and manner 2. Expiration 3. Destruction of the thing due Article 1324 Option Contract is giving a person a consideration for a certain period within which to accept the offer of the offerer. A person upon payment of consideration can exercise his right to accept the offer within the certain period. Option Period means that a person given a period of time which the offeree must accept the offer. Option Money- money paid or promised to be paid in consideration for the option. Option is a privilege given to the offeree to accept an offer within certain period. General Rule: The offer may be withdraw as a matter of right at any time before acceptance. Article 1325 Business advertisements generally not definite offers. Article 1326 Bidders are not definite offers. General Rule: The advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Article 1327 Capacity to give consent is presumed. Person who cannot give consent: 1. Unemancipated minors (18 years below) 2. Insane or demented persons 3. Deaf-mutes who do not know how to write Article 1328 •Lucid Interval means temporary period of sanity. During the lucid interval the insane person will regain his sanity and think clearly. •Drunkenness; Hypnotic Spell Article 1329 Modification declared for Incapacity: 1. Necessaries 2. Life, Health and Accident Insurance 3. If entered into a Guardian or legal representative 4. If other party believe the legal capacity of minor, who misinterpreted his age. Article 1330 Characteristics of Consent: 1. Intelligent 2. Free and Voluntary 3. Conscious and Spontaneous Article 1331 Mistake- false notion of a thing or a fact material to the contrary Mistake of fact- arise from ignorance or lack of knowledge Article 1332 A person or a party who try to enforce the contract the he has the burden to prove that the contract has been well explained. Article 1333 If the person in aware to risks affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is no mistake. Article 1336 Violence or intimidation may be employed by a third person. Article 1337 Undue influence is kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily. Article 1338 Causal Fraud is committed by one party before or at the time of the celebration of contract to secure the consent of the other. Article 1339 Fraud by concealment is a failure to disclose facts when there is duty to reveal them. Article 1340 Usual exaggeration in trade is not fraudulent since seller is normally expected to ve exaggerated to make sale at a highest price possible Article 1341 General Rule: A mere expression of an opinion does not signify fraud Article 1343 Fraud made in good faith- if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1345-1346 Simulation of a contract Kinds of Simulation 1. Absolute simulation (fictitious contracts) 2. Relative simulation- different by their true agreement Article 1347-1348 Object is the second essential element of a valid contract. Article 1349 The fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence. Article 1350 Cause is a more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Article 1351 Motive is the purely personal or private reason which a party has in entering into a contract. Article 1352-1353 Requisites of cause are it must exist at the time the contract is entered, lawful and true or reall. Article 1354-1355 Presumption in contracts as to cause is valid.
Gento, Janella Ann M. 1BSA-B Article 1318 talks about the requisites for a valid contract, the consent, object, and cause or consideration. Mentioned also here the elements of contracts. Article 1319 stated the definition of consent, offer, and counter-offer. Article 1320 says that acceptance of forms of contract must be express or implied. Article 1321 differentiates the person making the offer and communication of the offer. Article 1322 says that an offer made through an agent is accepted from the time acceptance is communicated to him. Article 1323 lists how an offer becomes ineffective, by death, insanity, civil interdiction, and insolvency of either party and others. Article 1324 defined the Option contract, Option Period, Option Money wherein Option is giving a person a consideration of time to think the offer or to accept the offer while Option Period is the time or period given and Option Money is the money paid or promised to be paid in consideration for the option. Article 1325 says the business advertisements are just an invitation to the reader to make an offer. Article 1326 says that an advertiser is not bound to accept the highest bidder or the lowest bidder unless the company appears. Article 1327 states the persons who cannot give consent because they are minors, insane or demented persons, and deaf-mutes who do not know how to write because they are not capable of understanding and prone to exploitation. Article 1328 says that contracts entered into during a lucid interval are valid. Article 1329 is about modifications declared for incapacity except when necessaries when entering life, health, and Accident Insurance when entered into a Guardian or legal representative and others. Article 1330 states that a contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. Article 1331 says that a mistake is a false notion of a thing or a fact material to the contrary. Article 1332 says that the burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract. Article 1333 says that if the person is aware of the risk affecting the contract and still accepts it, it is presumed that he is willing to take chance or risk then there are no mistakes. Article 1335 states that violence requires the employment of physical force. Article 1336 says that violence or intimidation may be employed by a third person. Article 1337 defines undue influence as the influence that overpowers the mind of a party to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgment and discretion. Article 1338 is about Causal Fraud, it is committed by one party before the perfection of the contract and it is the reason why the other party enters into the contract. Article 1339 is fraud by concealment or failure to disclose facts when there is a duty to reveal them. Article 1340 says that it is not fraudulent when sellers exaggerated things to make sales at highest price because it is normally expected. Article 1341 says that a mere expression of an opinion does not signify fraud. Article 1343 says that if fraud is made in good faith then it is considered a mere mistake or error. Article 1344 differentiates the effect of Causal Fraud and Incidental Fraud wherein Causal effect will Annulment of contract + damages while Incidental is a liability for damages only. Article 1347 - Article 1248 states the second essential element of a valid contract which is the object. Article 1350 states the last essential element of a valid contract which is the Cause. Here are my takeaways from this video. Thank you, Atty.
Kian John Ace Turico 1BSA-A Pamantasan ng Cabuyao Good Day, Atty! Here are the summary of my learning in Part 10 discussion of The Law on Obligations and Contracts Article 1318. This article provides the essential requisites of a contracts. The essential requisites are CONSENT, OBJECT, and CONSIDERATION. Under this provision, it was also discussed the different classes of elements of a contract. They are: 1. Essential- it means that no contracts can validly exist regardless of the intention of the parties. These are known as the requisites of a contract. 2. Natural- it is presumed to exist in contracts. 3. Accidental- these are the stipulation, clauses, terms, or condition established by parties. SECTION 1: CONSENT Article 1319 speaks about the definition of consent. It refers to conformity of wills and with respect to contracts, it is the agreement of the will of one contracting party. Offer is also defined under this provision. Offer is the proposal made by one party to another. Another term defined under this provision is acceptance. It is the manifestation by the offeree of his assent the terms of the offer. Lastly, another term discussed is counter-offer. It is the rejection of original offer and an attempt of another party to enter into a contract with different basis. Article 1320 discusses the forms of acceptance. Express and Implied. Article 1321 speaks about the person making the offer who ha a right to fix the time, place, and the manner of acceptance. It is also discussed under this provision the communication of acceptance. To offerer, acceptance must be absolute and to agent, he is considered as an extension of personality of principal. Article 1323 speaks about when the offer becomes ineffective. It will become ineffective upon death, insanity, civil interdiction, and insolvency of either party. It also provides other grounds of ineffective offer. These are failure to comply with the condition to offer as to time, place, and manner, expiration of period of acceptance of the offer, and destruction of the thing due. Article 1324 discusses the option contract, option period, option money, and option. An option contract is one giving a person a consideration for a certain period within which to accept the offer of offerer. While an option period is the period given to offeree to accept the offer. Lastly, option money is the money paid or promised to be paid consideration for the option. An option is the privilege given to the offeree to accept an offer within given period. As general rule, an offer may be withdrawn at any time before acceptance. Article 1325 speaks about business advertisements which is not define offers but an invitation to a reader to make an offer. Article 1326 speaks about bidders. It is also not an offer but this is one making an offer which advertiser is free to accept or reject. As general rule, advertisers are bot bound to accept the highest bidder or lowest bidder unless the contrary appears. Article 1327 said the capacity to give consent is presumed. But there are persons who cannot give consent. These are: 1. Unemancipated minors- these are persons who have not yet reached the age of 18. 2. Insane or demented person 3. Deaf-mutes The reason behind this is that persons mentioned above may be easily be the victims of fraud as they are not capable of understanding their action Article 1328 speaks about contract entered into during a lucid interval. It is said that this are valid. Lucid interval is defined as temporary period of sanity It is valid as long as the person will regain his right of thinking. The provision also discussed the effect of drunkenness and hypnotic spell. The effect of this is temporary insanity so law considered void. Article 1329 discusses about modification declared for incapacity: 1. Necessaries- the effect of delivery to a person with no capacity is he stull must pay a reasonable. Necessaries refers to basic good which is important to a person. 2. Life, Health, and Accident Insurance- beneficiary must be the minor’s state. 3. A contract will be valid if entered into through a guardian 4. Contract is still valid where minor misrepresented his age 5. When a minor voluntarily pay or deliver the thing due, contract is still valid. The above provision also provides other special disqualifications provided by law. 1. Persons suffering the accessory penalty civil interdiction 2. Hospitalized lepers 3. Prodigals 4. Deaf and Dumb 5. Unsound mind 6. Those who reasons age, disease, weak, mind. Article 1330 talks about characteristic of consent. These includes INTELLIGENT, FREE AND VOLUNTARY, CONSCIOUSNESS AND SPONTANEOUS. The vices of fraud is also discussed and these are FIVUM. Fraud, Intimidation, Violence, Undue, Mistake. Article 1331. speaks about mistake, mistake of fact, and mistake of law. Mistake are false notion of a thing. Mistake of fact arise from ignorance, and mistake of law is a substantial mistake of fact. Mistake can be simple or gross. If it is simple, the effect does not invalidate a contract. If it is gross, party cannot avoid liability on the ground of mistake. Article 1332 said that when one party is unable to read the terms and conditions must be explained by the former. Article 1333 speaks about the presumption that when a person accepts the risk affecting the contract, he is willing to take risk and therefore, there are no mistake. Article 1334 talks about meaning of mistake of law. Article 1335 speaks about violence and the requisites of violence. The requisites are: 1. Reasonable and well grounded evil 2. Imminent and grave 3. Upon his person or property 4. It is the reason why he entered to a contract. Article 1336 talks about violence or intimidation may be employed by a third person. Obligation will be annulled. Article 1337 defined undue influence. This is influence of a kind that so overpowers the mind of a party as to prevent him from acting, understandingly, and voluntarily to do what he needs to do. It provides three circumstances to be considered. First, confidentiality and family relations between parties, Second, mental weakness, and third, ignorance. Article 1338 talks about causal fraud. Causal fraud is committed by one party before the time the contract secure the consent of another. The requisites needed to consider to identify that the fraud is causal fraud are: 1. Misrepresentation of material fact with knowledge of its falsity. 2. It must be serious 3. Must be done by one of the parties 4. Made in bad faith 5. Induced the consent of other contracting party 6. Proved by clear evidence Article 1339 discussed fraud by conealment. This is failure to disclose facts when there is duty to reveal them and it is equivalent to false representation. Article 1340 talks about usual exaggerations in trade, it is not fraudulent since seller is not normally expected to be exaggerated to make sale at highest price possible. Then it is not ground to invalidate a contract. This is normally done through dealer’s talk. Article 1341 said that expression of opinion doesn’t signify fraud and there are three requisites for exception. 1. Must be made by an expert 2. Other party has relied on the expert’s opinion 3. Opinion turned out to be false Article 1342 talks about fraud by a third person. The presumption is both contracting parties acted in good faith. Article 1343 speaks about fraud made in good faith. The effect of this is it is considered as mere mistake or error. Article 1344 talks about the effect of causal and incidental fraud. The effect of causal fraud is annulment plus damages while the effect of incidental fraud is liability to damages only. Article 1345 and Article 1346 talks about meaning of simulation of a contract it is the act of deliberately deceiving others. There are two kinds of simulation, (1) Absolute Simulation which contract still exist even the parties did not intend to be bound at all. (2) Relative Simulation which when the contract entered into by parties is different from their true agreement. SECTION 2: OBJECT OF CONTRACTS Article 1347 and Article 1348 talks about concept of object. Object is the second essential elements of a valid contract and it may be things, services, or rights. As general rule, those mentioned before are all the object of contracts. Except when rights is transmissible, thing outside the commence of man, thing or services are impossible, future inheritance, and object is not possible of determination. Object has four essential requisites. 1. Within the commence of men 2. Must not be legally and physically impossible. 3. Must be in existence or capable of coming. Article 1349 said that if quantity is not stated, this should not be a reason to annul a contract because the possibility of a thing is sufficient enough. SECTION 3: CAUSE Article 1350 talks about the definition of cause (causa), it is the essential or more proximate purpose which contracting parties have in view at the time of entering into contracts. It is different to motive since motive is private reason a person has. The requisites of cause are: 1. Must exist at the time contract entered. 2. Lawful 3. Must be true or real. Article 1354-1355. Talks about presumption in contracts as to cause: 1. Every contract is presumed to have cause. 2. The cause is valid. If cause of contract is absent then it will confer no right and produce no legal effect. If there is failure of cause, it does not render the contract void. If there is illegality of cause, contract is void. If there is falsity of cause, contract is also void unless parties show another cause which is true and lawful. If there is lesion, lesion does not invalidate the contract except when there is fraud, mistake, or undue influence and in cases specified by law.
Camas, Ma. Joyce Susanfei M. 1 BSA-B Pamantasan ng Cabuyao Good Day, Atty. Thank you for providing this video. Below are my takeaways: Essential requisites of a contract: Article 1318 Requisites of a contract 1. Consent 2. Object 3. Consideration Classes of elements of a contract 1. Essential -no contract can validly exist regardless of the party's intentions All contracts must have the essential elements otherwise that contract will not exist validly 2. Natural- presumed to exist in certain contracts 3. Accidental -particular stipulations, clauses, terms, or conditions established by the parties Section 1: Consent Article 13 19 • Consent - conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party • Offer - proposal made by one party to another • Acceptance - manifestation by the offering of his ascent to all the terms of the offer • Counteroffer - rejection of the original offer and an attempt by the parties to enter into a contract on a different basis Offer made in jest, anger or when emotionally upset is not a valid offer Article 1320 Different forms of acceptance 1. Express -oral or in writing 2. Implied - inferred from act or conduct Article 1321 Person making the offer Has the right to prescribe the time place and manner of acceptance
Article 1322 Communication of acceptance To the offer- must be absolute To the agent -considered as an extension of the personality of the principal Article 1323 Offer becomes ineffective upon: 1. Death-of the offeree 2. Insanity 3. Civil interdiction 4. Insolvency of either party 5. Other grounds which render the offer ineffective a. Failure to comply with the condition to offer as to time place and manner b. Expiration of the period to accept the offer c. Destruction of the same due Article 1324 • Option contract giving a person a consideration for a certain period within which to accept the offer of the offeror • Option period - the period of time within which the offeree must accept the offer • Option money -money paid or promised to be paid in consideration for the option • Option refers to the privilege given to the offeree to accept an offer within a certain period General rule: offer may be withdrawn as a matter of right at any time before acceptance Article 1325 Business advertisements • Generally, are not definite offers it is a mere invitation to the reader to make an offer Bidders • Advertisement for bidders are not definite offers and the one making the offer which the advertiser is free to accept or reject General rule: the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears Article 1327 Capacity of the parties to give consent is presumed Certain persons who cannot give their consent 1. Unemancipated minors - persons below 18 years of age 2. Insane or demented persons 3. Deaf mutes who do not know how to read and write Article 1328 • Lucid interval - the temporary period of sanity • Drunkenness hypnotic spell -will only impair the capacity of a person to give intelligent consent but it will not vitiate consent Article 1329 Modifications declared for incapacity 1. Necessaries -when sold and delivered to a person with no capacity to act he must still pay a reasonable price 2. Life health and accident insurance- beneficiary must be the minor's estate 4. If other party believe the legal capacity of a minor who misrepresented his age 5. Minor voluntarily pays a sum of money or delivers fungible thing and obligee has spent and consumed it in good faith Other special disqualifications provided by law 1. Persons suffering the accessory penalty of civil interdiction 2. Hospitalized lepers 3. Prodigals 4. Deaf and dumb 5. Those who are unsound mind 6. Those who by reason of age disease weak mind outside cannot contract into a contract without aid or to take care of themselves Article 1330 Characteristics of consent 1. intelligent -there is a capacity to act 2. Free and voluntary - no form of violence and intimidation 3. Conscious and spontaneous - no mistake undue influence or front Different vices of consent 1. Fraud or deceit 2. Intimidation or threat or duress 3. Violence or force 4. Undue influence 5. Mistake or error -mistake is a false notion of a thing or a fact or material to the contrary a. Mistake of fact- arises from ignorance or lack of knowledge b. Mistake of law - a substantial mistake on the point of law Simple mistake does not invalidate or reshape a contract Gross mistake- a party cannot avoid liability on the ground of mistake 1335 Violence means physical force Requisites of intimidation or threat 1. Reasonable well-grounded evil 2. Imminent and grave 3. Upon his personal property or that his spouse ascended descendant 4. That is the reason why he enters into a contract Violence or intimidation may be employed by a third person 1. Confidential, family, spiritual and other relations between parties 2. Mental weakness 3. Ignorance 4. Financial distress 1338 Causal fraud - is committed by one party before or at the time of the celebration of the contract to secure the consent of another Requisites of causal fraud 1. There must be misrepresentation or concealment of a material fact with knowledge of its falsity 2. It must be serious 3. It must have been employed by only one of the contracting parties 4. It must be made in bad faith 5. It must have induced the consent of the other contracting party 6. It must be alleged and proved by clear and convincing evidence Fraud by concealment- the failure to disclose facts when there is duty to reveal them; it is equivalent to false representation Usual exaggerations in trade General rule: expression of an opinion does not signify fraud Requisites for exception: 1. It must be made by an expert 2. The other party has relied on the expert’s opinion 3. The opinion turned out to be false 1342 Fraud by a third person Presumption: both contracting parties are acting in good faith If the mistake is substantial, it can announce the contract principally on the ground of mistake Fraud made in good faith -if the misrepresentation is not intentional but made in good faith it is considered a mere mistake or error -a fraud is definitely more serious than mistake then the party guilty of fraud is subject to greater liability Effect: agreement or the contract will be voidable on the ground of mistake
Causal fraud - will annul the contract and subject the per the party or person liable for damages Incidental fraud - will not be a ground for annulment of contract but only liability for damages Simulation of a contract -the act of deliberately deceiving others by feigning or pretending by agreement the appearance of a contract which is either non-existent or concealed Kinds of simulation 1. Absolute simulation (fictitious contracts) - when the contract does not really exist at all, and the parties do not intend to be bound at all 2. Relatively simulated- when the entered into by the parties is different from their true agreement Section 2: Object of Contracts Article 1347 and 1348 Object is the second essential element of a valid contract; may refer to things, rights, or services Requisites of a thing as object of contract 1. Within the commerce of men 2. Not be legally or physically impossible 3. In existence or capable of coming into existence 4. In(determinate) General rule: all things or services or rights may be the object of a contract Exceptions: 1. Intransmissible rights by their nature, or by stipulation or provision of law 2. Things outside the commerce of man 3. Impossible things or services 4. Future inheritance except in cases expressly authorized by law you 5. Objects which are not possible of determination as to their kind Section 3: Cause Cause(causa)- essential or more proximate purpose which the contracting parties have in view at the time of the entering into the contracts Motive - purely personal or private reason which a party has in entering into a contract Requisites of a cause 1. It must exist at the time the contract is entered 2. It must be lawful 3. It must be true or real Presumption in contracts as to cause: 1. To have a cause or consideration 2. The cause is valid
Mahilum, Alexis Joy 1BSA-A Pamantasa ng Cabuyao Good day, Attorney! Here are my key takeaways from your video lecture. Chapter 2 discusses about the essential requisites of contracts. These are consent, object, and consideration (Article 1318). Classes of elements of a contract were also discussed in Article 1318. Essentials elements must exist in order for a contract to be validly existed. Natural elements are found in a certain contract unless the parties expressly stipulated the contrary. Accidental elements refer to particular stipulations established by the parties. Article 1319 discusses about consent which is conformity of wills or the agreement of the will of the contracting party. Offer is the proposal made by one party to another, while, acceptance is the manifestation by the offeree of hid assent to all the terms of the offer. Counter-offer is the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. An offer is invalid if it is made in jest, anger, or when emotionally upset. Article 1320 tackles about the forms of acceptance. These could be expressed orally or written, and it could be implied or inferred from act or conduct. Article 1321 talks about the person making the offer. This person has the right to prescribe the time, place and manner of acceptance. Article 1322 discusses about the communication of acceptance wherein acceptance must be absolute to offerer and communication of acceptance to agent is considered as an extension of personality of the principal. Article 1323 tackles about the ineffectiveness of an offer. It becomes ineffective upon death, insanity, civil interdiction or an accessory penalty when a person is convicted of a crime with more than 12 years of imprisonment, and insolvency of either party. With these, the offer may be ineffective because the parties will be prohibited to exercise their civil rights. Failure to comply with the condition to offer as to time, place and manner, expiration, and destruction of the thing due may also render an offer ineffective. Article 1324 talks about option which is a privilege given to the offeree to accept an offer within a certain period. An option contract gives a person a right to consideration to accept the offer of the offerer within a certain period. An option period is given within which the offeree must accept the offer. An option money is the money paid or promised to be paid in consideration for the option. The general rule of this article is that the offer must be withdrawn as a matter of right at any time before acceptance. Article 1325 discusses about how business advertisements are not definite offers but an invitation to the reader to make an offer. Advertisements for bidders (the one making the offer which the advertiser is free to accept or reject) are not definite offers. As a general rule, the advertiser is not bound to accept the highest bidder or the lower bidder unless the contrary appears. (Article 1326) Article 1327 and 1328 talks about the persons who cannot give consent and the reason for their disqualification. They are the unemancipated minors, insane or demented persons, deaf-mutes who do not know how to write. These persons may be easily be the victims of fraud. Exception to the disqualification is when an insane person is in lucid interval or in temporary period of sanity during the time it gives the consent. On the other hand, drunkenness and hypnotic spell will only impair the capacity of a person to give intelligent consent but cannot disqualify the consent itself. Article 1329 discusses about the modifications declared for incapacity. These are necessaries, life, health, and accident insurance, guardianship, misrepresentation of age, and voluntary payment of money or delivery of thing which consumed in good faith. Other special disqualifications provided by law are the persons suffering the accessory penalty of civil interdiction, hospitalized lepers, prodigals, deaf and dumb, those who are unsound mind, and those who cannot take care of themselves without outside aid. Article 1330 tackles about the characteristics and vices of consent. The characteristics of a consent are intelligent, free and voluntary, and conscious and spontaneous. The vices of a consent are fraud, intimidation, violence, undue influence, and mistake. Mistake is a false notion of a thing or a fact material to the contrary. Mistake of fact arises from ignorance or lack of knowledge. Mistake of law is a substantial mistake of fact. A simple mistake does not invalidate a contract while in a gross mistake, party cannot avoid liability on the ground of mistake. (Article 1331) The person enforcing the contract has the burden to prove that the contract is well explained to the person who is unable to read or cannot understand the language used. (Article 1332) There is no mistake if the person still accepts the contract while being unaware of the risk affecting the contract. (Article 1333) Article 1335 and 1336 discusses about violence. Violence requires the employment of physical force. The requisites of violence are reasonable well grounded evil, imminent and grave, upon his person or property or that his spouse, descendants or ascendant, and it is the reason why he enters into contract. Violence may be employed by a third person. Article 1337 talks about undue influence. It overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion. Article 1338 talks about causal fraud. This is committed by one party or at the time of the celebration of contract to secure the consent of the other. There are requisites of causal fraud: 1) there must be misrepresentation or concealment of a material fact with knowledge of its falsity, 2) it must be serious, 3) it must have been employed by only one of the contracting parties, 4) it must be made in bad faith, 5) it must have induced the consent of other contracting party, and 6) it must be alleged and proved by clear and convincing evidence. Fraud by concealment is a failure to disclose facts when there is duty to reveal them. (Article 1339) Article 1340 discusses about the usual exaggerations in trade. This is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible, therefore, it is not a ground to invalidate a contract. As a general rule, a mere expression of an opinion does not signify fraud. (Article 1341) Insubstantial mistake does not annul a contract, while, substantial mistake may annul a contract principally on the ground of mistake. (Article 1342) It is considered a mere mistake if fraud is made in good faith. (Article 1343) In causal fraud, contract may be subjected to annulment and the party liable will be subjected to damages, while in incidental fraud, the contract will not be annulled but the party liable will be subjected to damages. (Article 1344) Article 1345 and 1346 discusses about simulation of a contract or the act of deliberately deceiving other, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. There are two kinds of simulation which are absolute simulation and relative simulation. Article 1347 and 1348 discusses about object or the second essential element of a valid contract. The requisites of an object of contract must be within the commerce of men, not be legally or physically impossible, and in existence or capable of coming into existence. As a general rule, all things, or services, or rights may be the object of a contract, except if the object is intransmissible by their nature, or by stipulation, or of provision of law, outside the commerce of men, impossible things or services, or future inheritance except in cases expressly authorized by law. If the quantity is not determinate, it shall not be a hindrance for a contract to come to existence. (Article 1349) Article 1350 and 1351 discusses about cause or causa. Cause is the essential which the contracting parties have in view at the time of entering into contracts. It is different from motive or the purely personal or private reason which a party has in entering into a contract. Article 1352 and 1353 states the requisites of cause. It must exist at the time the contract is entered, it must be lawful, and it must be true or real. Article 1354 and 1355 talks about the cause of contracts. If there is an absence or want of cause, it will not confer or produce legal effect. If there is failure of cause, it does not render the contract void. If there is illegality of cause, the contract is void. If there is falsity of cause, the contract is void unless the parties will show another cause which is true and lawful. Lesion which is any damage caused by the fact that the price is unjust or inadequate, does noy invalidate a contract except when there is a fraud, mistake, undue influence, and in cases specified by law.
Lopez, Rea Mae 1BSA-A Pamantasan ng Cabuyao Good day Attorney! Here are my key takeaways from this video lecture. Article 1318 talks about the requisites of contract which are consent, object, and consideration or COC. It also discusses the classes of elements of a contract. First, the essential elements or known as requisites of a contract which means the contract must have all the essentials elements to be valid otherwise it will not exist validly. Second, the natural element which means presumed to exist. Lastly, the accidental elements mean the stipulation or terms established by the parties that made it part of a contract. Article 1319 talks about the meaning of consent. It is giving of one's conformity of wills and concerning contracts. It also discusses the meaning of offer and acceptance. Offer is the proposal made by the offerer to the offeree and it is said that the offer is not valid if it is made in jest, anger or when emotionally upset. Acceptance is the manifestation by the offeree of his assent to all the terms of the offer. Also, another term is discussed which is the counter-offer. Article 1320 talks about the forms of acceptance that can be express in oral or written and implied inferred from act or conduct. Article 1321 discussed that the person making the offer has the right to demand the time, place, and manner of acceptance. Article 1322 discussed the communication of acceptance. The offerer acceptance must be absolute while the agent is considered as the extension of the personality of the principal by legal fiction. Article 1323 discussed when the offer becomes ineffective. First, the death of the offerer or offeree. Second is the insanity, third is the civil interdiction which means the inability of a person to exercise his civil rights. Lastly, the insolvency of either party. Also, it discussed the other ground which renders the offer ineffective. First, the failure to comply with the condition to offer as to time, place, and manner, and second is the expiration. Article 1324 talks about options contracts, option periods, and option money. An option contract is considering a person a consideration for a certain period to accept the offer of the offerer. The option period is the period given by the offerer to the offeree which to accept the offer. Option money is the promised or consideration paid for the consideration. It also discussed the option which is the privilege given by the offerer to the offeree to accept an offer within a certain period. Furthermore, the general rule offer may be withdrawn as a matter of right at any time before acceptance. Article 1325 discussed the business advertisements. It is not definite offers but an invitation to the reader to make an offer. Article 1236 speaks about bidders. It said the advertisement for bidders are not definite offers and is the one making the offer which the advertiser is free to accept or reject. The general rule is that the advertiser is not bound to accept the highest or lowest bidder unless the contrary appears. Article 1327 said the capacity to give consent is presumed unless that person is an unemancipated person, insane or demented persons or deaf-mutes who do not know to write however, if he knows how to write then he is valid to enter a contract. The reason is those persons can be easily victims of fraud. Article 1328 speaks about lucid interval. It is a temporary period of sanity where a person can able distinguish what is real and right. It also discussed the effect of drunkenness and hypnotic spell. Article 1329 talks about the modifications declared for incapacity. First is necessaries, it says when a necessary thing is delivered and sold to a person with no capacity to act, he is liable to pay a reasonable price. Second is life, health, and accident insurance, the beneficiary must be the minor's estate. Third, there should be a guardian or legal representative in entering a contract. Fourth, if the other party believes the legal capacity of a minor, who misrepresented his age. Lastly, if the minor voluntarily pays a sum of money. Also, it discussed the other special disqualifications provided by law which are persons suffering the accessory penalty civil interdiction, hospitalized lepers, prodigals, deaf and dumb, those who are unsound mind, and those who by reason of age, disease, and weak mind. Article 1330 speaks about the characteristics of consent. First is the intelligent meaning there is the capacity to act, second, it must be free and voluntary meaning no violence and intimidation, and it must be conscious and spontaneous which means no mistake, undue influence, or fraud. It also discussed the vices of consent which are fraud or deceit, intimidation or threat or duress, violence or force, undue influence, and mistake or error. Article 1331 speaks about the mistake which means the false notion of a thing or a fact material to the contrary. Also, it discussed the mistake of fact and the mistake of law. Mistake of fact means arise from ignorance or lack of knowledge. A mistake of law means a substantial mistake of fact. If it is simple, it does not invalidate a contract while in gross the party cannot avoid liability on the ground of mistake. Article 1332 said that if the person is unable to read or cannot understand the language used, the person enforcing the contract must explain the contract well. Article 1333 said that if the person is knowledgeable about the risk affecting the contract. it is presumed that there is no mistake. Article 1334 talks about the meaning, effect, and reason of a mistake of law. Article 1335 talks about violence and its requisites. Violence requires the employment of physical force and its requisites are reasonable well-grounded evil, imminent and grave, upon his person or property or his spouse, and the reason why he enters into a contract. Article 1336 speaks about violence or intimidation may be employed by a third person. Article 1337 talks about the meaning of undue influence. This is an influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done. There are circumstances to be considered which are confidentiality and family between the parties, mental weakness, and ignorance. Article 1338 talks about casual fraud which means are committed by one party before or at the time of the celebration of a contract to secure the consent of the other. The requisites of casual fraud are misrepresentation or concealment of a material fact with knowledge of its falsity, it must be serious, it must have been employed by only one of the contracting parties, must be made in bad faith, must have induced the consent of the other contracting party and must be alleged and proved by clear evidence. Article 1339 discussed the meaning of fraud by concealment. It is the failure to disclose facts when there is a duty to reveal them and it is equivalent to misrepresentation or false representation. Article 1340 talks about usual exexaggerations in trade. It is not fraudulent since the seller is normally expected to be exaggerated to make a sale at the highest price possible. Article 1341 speaks about the expression of opinion that does not signify fraud. It has requisites which are it must be made by an expert, other contracting party has relied on the expert's opinions, and the opinion turned out to be false or erroneous. Article 1342 talks about fraud by a third person. It is presumed that both contracting parties are acting in good faith. Article 1343 talks about fraud made in good faith. It is said that if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1344 discussed the effect of causal and incidental. The effect of causal is annulment plus damages while incidental is a liability for damages. Article 1345-1346 discussed the simulation of a contract. It is the act of deliberately deceiving others, by feigning or pretending by agreement. There are kinds of simulation which are absolute simulation and relative simulation. Article 1347-1348 talks about the concept of object. The object is the second essential element of a valid contract. It may be things, rights, and services. There are requisites of things as objects of contract which are within the commerce of men, not be legally or physically impossible, existence or capable of coming into existence and determinate. As a general rule, all things, or services, or rights may be the object of a contract. Article 1349 said that if the quantity is not determinate it shall not be a hindrance to the existence of a contract. Article 1350 talks about cause or causa. It is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Article 1351 discussed the meaning of motive. It is the purely personal or private reason that a party has in entering into a contract. Article 1352-1353 talks about the requirements of the cause which is it must exist at the time the contract is entered, it must be lawful and it must be true or real. Article 1354-1355 talks about presumption in the contract as to cause. It said that every contract is presumed to have cause and the cause is valid. It also discussed the cause and effects of contracts. First, in the absence or want of cause, its effect is it will confer no right and produce no legal effect whatever. Second is the failure of cause its cause is it does not render the contract void. Last is the illegality of cause its effect if it voids the contract. Thank you so much po Atty for this video lecture. God bless you po.
Raflores, Kate Alison P. 1BSA-B Good day, Atty.! These are some of what I have learned from the video. 1318 is all about the requisites of a contract which are consent, object and consideration. Essential, natural, and accidental are the classes of elements of a contract. 1319 is about consent. Consent is a conformity of the wills with respect to contractors. 1320 is about the forms of acceptance which are express which is oral or written and implied which is inferred from act or conduct. 1330 is the article about the characteristics of consent. There are three: intelligent, free and voluntary, and conscious and spontaneous. In 1335, we have violence and its requisites. Violence requires the employment of physical force. It has 4 requisites. In connection to 1335, 1336 is about how violence may be employed by a third person. 1345 to 1346 is all about the simulation of a contract and its two kinds: absolute simulation and relative simulation. 1350 is about cause or causa which is the essential or more proximate purposes which the contracting parties have in view at the time of entering into the contracts. In connection to that, 1352 to 1353 is all about the requisites of cause which are: exist at the time the contract is entered, lawful, and true or real. Thank You for the video lecture, Atty.!
Pamplona, Maynalyn Y. Pamantasan ng Cabuyao 1BSA-A Good day, Atty.! This is the summary of what I have learned. CHAPTER 2: ESSENTIAL REQUISITES OF CONTRACTS General Provisions: Article 1318 For a contract to be valid it shall manifests all the essential elements of contract. There is no contract unless the requisites concur which are consent of the contracting parties, object certain or the subject matter of the contract, and cause of the obligation. Section 1: Consent (Article 1319 -1346) It is said that a contract must have a consent of the contracting parties. In article 1319, it discusses that a consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause. The offer must be certain and the acceptance is absolute. Hence, a qualified acceptance constitutes a counter-offer and must be accepted absolutely in order that there will be a contract. According to Article 1320, an acceptance may be express (oral or written) or implied (inferred from act or conduct). Under Article 1321, the person making the offer has the right to prescribe the time, the place, and the manner of acceptance, all of which must be complied with. The offer must be communicated and received by the offeree. An offer made through an agent is accepted from the time acceptance is communicated to him which is in under article 1322. To offerer, the acceptance must be absolute, and to agent, it is considered as an extension of the personality of his principal. However, this article only applies if the offer is made through the agent. An offer may be revoked or withdrawn at anytime before it is accepted. Under Article 1323, even if the offer is not withdrawn, its acceptance will not produce a contract in case the offer has already become ineffective because of the death, civil interdiction, insanity, or insolvency of either party before the conveyance of the acceptance of the offer. Thus, failure to comply with the condition of the offer as to the time, place and manner of payment, the expiration of period in the offer of acceptance, destruction of the things due, and rejection of offer will also make the offer ineffective and prevent the creation of contract. The general rule is that offer may be withdrawn at the time before acceptance, however, according to Article 1324, there is an exception which is when the option is founded upon consideration, as something paid or promised. Article 1325 talks about the business advertisement which is said to be not a definite offers but merely an invitations to the reader to make an offer. However, if the advertisement is complete on all particulars necessary in contract, it may amount to a definite offer that will perfected a contract. Thus, advertisements for bidders, the advertiser is not making the offer. The bidder is the one making an offer which advertiser is free to accept, discussed in Article 1326. The Civil Code does not defines who have capacity or legal ability to give consent to contract. On contrary, it defines who have no capacity to give consent and it is under Article 1327. Those who are incapable to give consent are those unemancipated minors, insane or demented persons, and deaf-mutes who are unable to read and write. They are disqualified as simply because they can be easily be victims of fraud because they are not capable of understanding or knowing the nature or import of their actions. But, in article 1328, it is said that a person in lucid interval that entered into contract are valid. Hence, contracts agreed in drunkenness or during hypnotic spell are invalid as it equivalent to temporary insanity. In article 1329, it explains the modification in article 1327. Those incapable person can give valid consent in necessaries or necessity, life, health and accident insurance, through guardian or legal representative, when minor is misinterpreted his age and convincingly led other party to believe in his legal capacity, and voluntarily pays a sum of money or delivers things in fulfillment of obligation. It is said in Article 1330 that a contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. Mistake simple and mistake gross is explains in article 1331 which the first one does not void a contract but will give rise to its correction and the latter cannot avoid the liability on the ground of mistake in computation which may cancel the contract. Additionally, according to article 1332, when one of the parties is unable to read or if the contract is in language not understood by him, it it the party enforcing the contract who is duty-bound to show that there has been no fraud or mistake and that the terms of the contract have been fully explain to the former. If a party knew beforehand the doubt, contingency or risk affecting the object of the contract, it is assumed that he was willing to take risk and therefore cannot claim mistake as explained in article 1333. However, as for article 1334, mutual error as to legal effect of agreement and that frustrates the real purpose of the parties then it may vatiate the consent. According to article 1335, to make consent defective, the force employed must be either serious or irresistible. Thus, in article 1336, violence or intimidation that employed by the third party shall annul the obligation although he did not take part in the contract. Undue influence avoid contract according to article 1337 which defines as influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly or voluntarily to exercise his own judgement. However, there are circumstances to consider. These are (1)confidential, family, spiritual and other relations between parties,(2)mental weakness, (3) igmorance, (4) financial distress. It is consider that there is fraud through insidous words or machinations wch is known as causal fraud written in article 1338. In article 1339, failure to communicate or disclose facts, when there is a duty to reveal then, therefore it constitutes fraud. The usual exagerrations in trade are not fraudelent. It is normally done to market, under article 1340. Additionally, a mere expression of an opionion does consider as fraud unless made by an expert, the contracting party has relied on the expert's opinion, and the opinion turned out to be false or erroneous that is given in article 1341. Misinterpretation by third party explains in article 1342 does not vitiate consent, unless it created substantial mistake and the same is mutual. On the other hand if the misinterpretation created substantial mistake then the contract may be annulled but principally on the ground of mistake. Howerever, according to article 1343, misinterpretation made in good faith does not signify fraud but may constitute error. In order that a fraud may make a contract voidable, it must be serious and not employed by both contracting parties according to article 1344, thus incidental fraud only obliges the person employing it to pay damages. Lastly in article 1345-1346 explains that simulation of contract may be absolute or relative. An absolutely simulated or fictitous contract is void. While relative simulation parties are bound by their real agreement. Section 2: Object of Contracts (Article 1347-1349) Object in every contract is the obligation created. In order that things may be object of the contract then the thing must be within the commerce of men, must not be physically or legally impossible, must be existence or capable of coming into existence, and must be determinate or determinable without the need of a new contract between the parties. Which on the other hand telling us that the impossible things cannot be an object of contract. Thus, if the quantity of the object is not determinable then it is not an obstacle to the existence of contract. Section 3: Cause of Contracts (Article 1350-1355) For a contract to be valid there should be a cause or purpose of its existence. However, according to article 1351 the particular motives of the parties are different from the cause. The cause must be lawful, true or real, and must exist at the time the contract is entered into, unless otherwise it will be void. Additionally, contract without cause or with unlawful cause produce no effect. Thank you!
Taup, Ashley Nicole 1BSA-A Pamantasan ng Cabuyao Good day Atty. Reyes! Here's the summary of my learnings about today's video lecture: Article 1318 - States the classes of elements of a contract. Article 1319 - Gives the meaning of consent. Article 1320 - States the forms of acceptance of offer. It may be oral or written. Article 1321 - States that the person making the offer has the right to prescribe the time, place, and manner of acceptance, all of which must be complied with. Article 1322 - States the communication of acceptance. It applies only if the offer is made through the agent and the acceptance is communicated through him. Article 1323 - States that at the time of acceptance is communicated, both parties, offerer and offeree, must be living and capacitated. Otherwise, it is ineffective. Article 1324 - Provides the general rule regarding offer and acceptance. Article 1325 - States that business advertisements of things for sale are not definite offers acceptance but are merely invitations to the reader to make an offer. Article 1326 - States the general rule that advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Article 1327 - States the person who cannot give consent to a contract. Article 1328 - States that a contract entered into by an insane or demented person during a lucid interval is valid. Article 1329 - States that incapacity declared in Article 1327 is subject to modifications, where it can also give valid consent. Article 1330 - States the instances where contracts can be voidable. Article 1331 - Gives the definition of mistake or error. In general, it refers to mistake of fact. Article 1332 - States that the party enforcing the contract has the burden of proof that there has been no fraud or mistake, and terms are fully understood by him. Article 1333 - States that if a party knew beforehand the doubt, contingency, or risk affecting the object of the contract, it is to be assumed that he was willing to take chances and cannot, therefore, claim mistake. Article 1334 - Gives the definition of mistake of law. Article 1335 - Gives the nature of violence or force that makes the consent defective. Article 1336 - States that violence or intimidation may be employed by a third person who did not take part in the contract. Article 1337 - Gives the meaning of undue influence. Article 1338 - Gives the meaning of causal fraud. Article 1339 - Talks about fraud by concealment. Article 1340 - States that the law allows considerable latitude to seller’s statements or dealer’s talk. Any person who relies on said exaggerations does so at his own peril. Article 1341 - States that a mere expression of an opinion does not signify fraud. Article 1342 - States that if misinterpretation has created a substantial mistake and the same is mutual, the contract may be annulled. Article 1343 - States that if the misinterpretation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1344 - Distinguishes 2 kinds of civil fraud. Both kinds of incidental fraud do not vitiate consent. Article 1345 - gives the kinds of simulation, absolute and relative simulation. Article 1346 - Talks about absolute simulation. Article 1347-1348 - Gives the meaning of object of contracts. The object may be things (as in sale), rights (as in assignment of credit), or services (as in agency). Article 1349 - States that the object of a contract must be determinate as to its kind or at least determinable without the necessity of a new or further agreement between the parties. Article 1350 - Gives the meaning of cause (causa). Article 1351 - Gives the meaning of motive, which is the purely personal or private person which a party has in entering into a contract. Article 1352 - 1353 - Gives the effect of absence or cause. Contracts without cause confer no right and produce no legal effect. Article 1354 - States that the presumption is that the cause exists and is lawful unless the debtor proves the contrary. Article 1355 - Gives the general rule that lesion or inadequacy of cause does not of itself invalidate a contract. Thank you Atty!
Sahurda, Mary Lady Lou C. 1BSA-A Pamantasan ng Cabuyao Chapter 2 - Essential Requisites of Contracts Article 1318 states the requisites of a contract to be considered valid which are consent of the contracting parties, the object of the contract, and the cause or the purpose of the contract. The classes of elements of a contract are: 1. Essential - no contract can validly exist regardless of the parties’ intensions 2. Natural - presumed to exist in certain contracts 3. Accidental - particular stipulations, clauses, terms, or conditions established by the parties in their contract Section 1 - CONSENT Article 1319 defines consent as the conformity of wills and with respect to contracts, it is the agreement of the will of the contracting party. Counter-offer, on the other hand, is the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. Article 1320 enumerated the forms of acceptance to be expressed (written or oral) or implied which inferred from act or conduct. Article 1321 gives the person making an offer the right to prescribe the time, place and the manner of acceptance. Article 1322 pertains to the communication of acceptance to the offerer must be absolute, while to the agent of the acceptance must be an extension of the personality of the principal. Article 1323 states that an offer become ineffective upon the death of the offerer or offeree, insanity, civil interdiction, and insolvency of either party. The offer also become ineffective when one fails to comply with the condition (time, place, manner), the expiration of the offer, and the destruction of the thing due. Article 1324 talks about option or the privilege given to the offeree to accept an offer within a certain period. Option contract gives a person consideration within which to accept the offer of the offerer. Option period is the period given within which the offeree must accept the offerer. Option money which is the money paid in consideration for the option. As a general rule, the offer may be withdrawn any time before the time of acceptance. Article 1325 clarified a business advertisement to be an invitation to make an offer, and not a definite offer. Article 1326 states that the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Advertisements are not definite offers and the advertiser is free to accept or reject. Article 1327 is not allowing unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to write to give consent. They may easily be the victims of frauds because they are not capable of understanding or knowing the importance of their actions. Article 1328 qualified a person who has a lucid interval to enter into a contract, but contracts agreed in the state of drunkenness or during the hypnotic spell are invalid. Article 1329 modified who to declare as incapacitated. It is considered valid when: 1. Sold and delivered to a person with no capacity to act, he still must pay a reasonable price. 2. Life, health, and accident insurance beneficiary must be the minor’s estate 3. If entered into a guardian or legal representative 4. If other party believe the legal capacity of a minor, who misrepresented his age. 5. Minor voluntarily pays a sum of money or delivers fungible thing and oblige has spent and consumed it in good faith. Article 1330 gives characteristics of consent such as intelligence, free or voluntary, and conscious or spontaneous. The vices of consent mentioned are fraud or deceit, intimidation or threat, violence or force, undue influence, and mistake or error. Article 1331 defines mistake as a false notion of a thing or a fact material to the contrary. Mistake of fact arise from ignorance or lack of knowledge, mistake of law is a substantial mistake of fact. But mistake can be simple that does not invalidate a contract, or a gross mistake that makes party cannot avoid liability on the ground of mistake. Article 1332 obliges the person enforcing the contract to prove that the contract is well explained to the person unable to read or understand the language used. Article 1333 states that if the person is aware about the risk and still accepts it, then he is willing to take chances and there is no mistake. Article 1334 defines, states the effect and reason of mistake of law. Ignorance of some provisions of law does not invalidate consent because ignorance of the law excuses no one for compliance therewith. Article 1335 defined an act to be considered violence when physical force is employed. Requisites of Intimidation or Threat are the following: 1. Reasonable well grounded evil 2. Imminent and grave 3. Upon his person or property or that his spouse, descendants or ascendants 4. It is the reason why he enters into a contract Article 1336 pertains to the violence employed by a third person. Article 1337 is about undue influence or the influence that overpowers the mind of a party to prevent him from voluntarily and freely exercising his own judgement and discretion. Confidentiality, family, spiritual and other relations between the parties, mental weakness, and ignorance should be considered. Article 1338 talks about casual fraud as committed by one party before or at the time of the celebration of contract to secure the consent of the other. A casual fraud requires to be a misrepresentation or concealment, must be serious, must only be employed by one of the contracting parties, must be in bad faith, must have induced the consent of the other contracting party, and must be alleged and proved by clear and convincing evidence. Article 1339 pertains to the failure to disclose facts when there is duty to reveal them or the fraud by concealment. Article 1340 emphasizes the usual exaggeration in trade which is not considered fraud for we know that sellers are expected to sell at highest possible price. Article 1341 states the general rule that an expression of opinion does not signify fraud, only if it was made by an expert, other party has relied on the expert's special knowledge and it turned out to be false. Article 1342 emphasizes about the fraud made by a third person. Insubstantial mistake does not annul the contract, while a substantial mistake may annul the contract principally on the ground of mistake. Article 1343 talks about fraud made in good faith. It is considered a mere mistake for it is not intentional. Article 1344 states the effect of two different frauds: causal fraud and incidental fraud. Casual fraud annuls the contract and the guilty party will pay for damages, while incidental fraud will only have liability for damages. Article 1345 -1346 emphasizes the occurrence of simulation of a contract which is the act of deliberately deceiving others by pretending of an agreement to a nonexistent contract. There are 2 kinds of simulation: 1. Absolute simulation or fictitious contracts happen when the contract does not really exist and the parties do not intend to bound at all. 2. Relative simulation happen when the contract entered was different from their true agreements. Section 2 - Object of Contracts Article 1347-1348 pertains to the object which is the second essential element of a valid contract. For an object (things, rights or services) to be valid, it must be within the commerce of men, physically and legally possible, existing, and a determinate thing. Article 1349 clarified that the quantity of the thing or object of a contract shall not be a hindrance to form a contract. Section 3 - Cause Article 1350-1355 focuses on the cause as the third essential element of a contract. It serves as the more proximate purpose of contracting parties in entering the contract. Motive, on the other hand, is the purely personal reason a party is entering into a contract. The requisites of a cause are the following: 1. It must exist at the time of the formation of the contract. 2. It must be lawful. 3. It must be true or real. Thank you for the video lecture, Atty. Reyes!
SANCHEZ, JAYSHEL MAY P. 1BSA-B PAMANTASAN NG CABUYAO Thank you, Atty, for the discussion about Contracts- Elements This are the things that i learned. Article 1318 (1) Contracting parties' consent-a meeting of the minds of the two parties; (2) The contract's subject matter, or object, must be definite and certain (for example, land or a house); (3) An established cause of the obligation- a convincing rationale for contract performance or why a party undertakes an obligation. Article 1319 Consent- conformity of wills and with respect to contracts, it is the agreement of the contracting party. Offer- proposal made by one party to another Acceptance- the manifestation Article 1320 Form of acceptance Express - orally or written Implied - act or conduct Article 1323 Offer becomes ineffective upon: death, insanity, civil interdiction and insolvency of either part. Civil interdiction-this is an inability to a person to exercise his civil rights Article 1324 Option contract Option period Option money- Article 1325 Business advertisement generally not define offers and invitation to readers to Make an offer Article 1326 Bidders - advertisement for bidders not define offers. Article 1327 Person who cannot give consent: Unemancipated minors, insane or demented person and deaf mutes who don't know how to read and write. Article 1330 Vices of Consent 1. Fraud or Decit 2. Intimidation 3.violence or force 4. Undue influence 5.Mistake or error Article 1331 Mistake- false notion or fact material to the contrary Mistake of fact- arise from ignorance Mistake of law- is a substantial mistake of fact. Article 1332 - whoever the Person or the party who try enforce the contract then he has the burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used. Article 1333 - if the person is aware about the risk will be affecting the contract and still accept it that means he is willing to take chances or risk and there is no mistake. Article 1337 Undue influence Due influence Article 1338 Causal fraud - commited by one party before of the contract to secure the consent big another. -The requisites of causal fraud. Article 1340 Usual exaggeration in trade- if there is some exaggeration when it comes to the quality of products then it is not ground in validate contract. Article 1342 Fraud by a third person Insubstantial- does not annul the contract Substantial - may annul the contract principally on the ground of mistake. Article 1343 Fraud made in good faith- misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1345-1346 Simulation of a contract Kind of simulation Absolute and relative SECTION 2 OBJECTS OF CONTRACT Article 1347-1348 Object- second essential element of a valid contract. SECTION 3 CAUSE Article 1350 Cause(causa)- essential or more proximate purpose which the contracting parties have in view at the time of entering into the contract. Article 1351 Motive- purely personal Article 1352- 1353 Requisites of contract it must be exist,must be lawful, and must be real.
Panganiban, Aubrey L. 1BSA-A Good day, Atty. Here’s what I’ve learned from the video about the Chapter 2-Essential Requisites of Contracts: Art. 1318 shows the requisites of a contract which are the consent, object, and consideration. Classes of elements of a contract are also present in the video. First, the essential or those without which no contract can validly exist regardless of the intentions of the parties. Next, the natural or those that are presumed to exist in certain contracts. Lastly, the accidental or the particular stipulations, clauses, terms, or conditions established by the parties in their contract. Section 1- Consent Art. 1319 gives definition to consent, which is the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of one contracting party. On the other hand, offer means a proposal made by one party to another. It indicates a willingness to enter into a contract. Next, the acceptance or the manifestation by the offeree of his assent to all the terms of the offer. Counter-offer is also mentioned, which means rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. Art. 1320 talks about different forms of acceptance; express (oral or written) and implied (inferred from act or conduct). Art. 1321 talks about the matters that may be fixed by the offerer. The person making an offer has the right to prescribe the time, place, and the manner of acceptance. Art. 1322 talks about the communication of acceptance, which gives differentiation between offerer and agent. To offerer, the acceptance of the offer must be absolute. On the other hand, the agent is considered an extension of the personality of his principal. Art. 1323 talks about when offer becomes ineffective. It would be ineffective upon death, insanity, civil interdiction (inability of a person to exercise his civil rights, ex: convicted in a crime), or insolvency of either party. There are other grounds which render offer ineffective, it can be failure to comply with the condition of the offer as to the time, place, and the manner of payment, or expiration, or the destruction of the thing due. Art. 1324 gives definition to contract of option, option period, and option money. An option contract is one giving a person for a consideration a certain period within which to accept the offer of the offerer. Next, the option period or the time given to the offeree to accept the offer. The option money or the promised money to be paid in consideration for the option. It has a general rule that the offer may be withdrawn as a matter of right at any time before acceptance. Art. 1325 talks about business advertisements generally not definite offers but merely invitations to the reader to make an offer. Art. 1326 talks about advertisements for bidders is generally not definite offers but the one making the offer which the advertiser is free to accept or reject. Art. 1327 talks about capacity to give consent is presumed. Mentioned in the video are the persons who cannot give consent and they are the unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to write. Art. 1328 gives definition to lucid interval, which is the temporary period or sanity. Contracts entered into during a lucid interval is valid because a person who is insane will regain his sanity and, therefore can think clearly. On the other hand, drunkenness or hypnotic spell impair the capacity of a person to give intelligent consent that’s why it is considered as voidable. Art. 1329 talks about modifications declared for incapacity such as when necessaries are sold and was delivered to a person unable to act, he must still pay the said price. Next, a minor may contract for life, health, and accident insurance and the beneficiary appointed is the minor’s estate. Additionally, a contract is valid if entered through a legal representative, and if the other party believed in the legal capacity of a person who misrepresented his age as well as if a minor voluntarily pays a sum of money and the oblige has spent it in good faith. Art. 1330 talks about characteristics of consent. There is no valid consent unless it is intelligent, it is free and voluntary, or it is conscious or spontaneous. The different vices of consent are fraud or deceit, intimidation, violence, undue influence, and error or mistake where it makes the contract voidable. Art. 1331 talks about the effect of mistake of account. A simple mistake does not a contract while the in gross mistake, a party cannot avoid liability on the ground of mistake. Art. 1332 talks about burden of proof in case of mistake or fraud, the person enforcing the contract must fully explained the terms to the person who is unable to understand it. Art. 1333 states that there is no mistake if the person accepting the contract knew the consequences or the risk affecting the contract. Art. 1336 states that violence or intimidation may be employed by a third person. Art. 1337 gives definition to undue influence which is the influence by which a person is induced to act otherwise than by their own free will. Art. 1338 gives definition to casual fraud, which is the fraud employed at the time of the execution of a contract in order to secure consent. It has a requisite such as there must be misrepresentation of material fact, it must be serious, it must be employed by one of the contracting parties, must be made in good faith, must have induced the consent of the other contracting party, and it must be alleged and proved by clear and convincing evidence. Art. 1339 talks about fraud by concealment where it constitutes if there is a failure to disclose facts, when there is duty to reveal them. Art. 1340 talks about usual exaggerations in trade, which it is the natural tendency for merchants and traders to resort to exaggerations in their attempt to make a sale at the highest price possible. Art. 1345-1346 gives definition to simulation of a contract, the act of deliberately deceiving others wherein a contract is either non-existent or concealed. There are two kinds of simulation of a contract the absolute simulation (when a contract does not really exist) and relative simulation (when the contract is different from their true agreement). Section 2-Object of Contracts Art. 1347-1348 talks about the object as the second essential element of a valid contract and may be things, rights, or services. The requisites of a thing as object of a contract is that it must be within the commerce of men, it must not be legally or physically impossible, it must be in existence or capable of coming into existence, and it must be determinate. Section 3-Cause of Contracts Art. 1350 gives definition to cause, the essential reason or purpose which the contracting parties have in view at the time of entering into the contract. Art. 1351 gives definition to motive, the purely personal or private reason which a party has in entering into a contract. Art. 1352-1353 states the requisites of cause such as, it must exist at the time the contract is entered into, it must be lawful, and it must be true or real. Art. 1354-1355 talks about the presumption of contracts as to cause: every contract is presumed to have a cause, and every cause is valid. Thank you for this lesson, Sir.
Aggabao, Princess Joy B. 1BSA-A PNC Good day Atty. here are my takeaways after reading the book and watching your video lecture, chapter 2 talks about the essential requisites of a contract namely consent, object and the cause. Section 1 provides the consent which is one of the requisites in making a contract, this is the conformity of wills and with respect to the contracts it is the arrangement of the wills of the contracting parties. Consent takes place when there is an offer and acceptance to the offer. (Art 1319) Acceptance may be made expressly or impliedly (Art 1320) Offerrer has the right to fixed the manner (Art 1321) there are three characteristics of a consent those are the intelligent of the contracting parties, their free will and concsious. The vices of consent which makes the contract voidable. First is the error or mistake in article 1331 mistake of fact refers to the lack of knowledge or ignorance of the parties that makes the subject of the thing, the conditions and the qualifications of a person become the root why there are mistakes. Simple mistakes shall give rise to its correction. Burden of proof is upon the party who enforce the contract because the presumption is that it is accepted by the person whi is unable to read with full knowledge and understanding, and this provision is an exemption to the presumption. (Art 1332) There is no mistake if the person has the knowledge of the risk (Art 1333) Mistake of law does not vitiate consent except when the error is mutual, there has a legal effect and the mistake of law frustrate the real purpose of the parties. (Art 1334) Second that vitiate consent is the violence and intimidation, which it wrest the consent through force and results in a well grounded fear. violence and intimidation may be made by the 3rd person (Art 1336) The third one is the undue influence which means that there is no real consent and there is no will in making desicion because of some circumstances like when it comes to the family, ignorant and financial distress. In article 1338 discuss Causal Fraud, that it is committed by one party before or at the time of the celebration of a contract to secure the consent of the other. In article 1339 discuss Fraudd by concealment, it is the failure to disclose facts when there is duty to reveal them, it is equivalent to false representation. Section 2 includes the second of the requisites of the contract is object in which it may be a thing, rights except transmissible and services. (Art 1347) Quantity of the thing need not to be determinate but it is sufficient enough to be determinable without the need of new contract (Art 1349) Section 3 is the cause, the last requisites needed to produce a valid contract. This is the reason why you would assume an obligation. Three classifications are the onerous(Service,prestation,promise of a thing) renumeration(service and benefit) gratuitous(liberality) (Art 1350) Motive is different from cause because motive is personal to the parties. (Art 1351) Presumption is that all cause is lawful and existing. Thank you.
Melendrez, Ella Grace G. 1BSA-A Below are the summary of my learnings: Article 1318. This article refers to the requisites of contract which are consent, object and consideration. It also includes the classes of elements of a contract. SECTION 1 - CONSENT Article 1319. Consent means conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party. Also, it is considered as an invalid offer if the offer was made in jest, anger, or when emotionally upset. Article 1320. Acceptance can be expressed or implied. Article 1321. The one who has the right to prescribe the time, place, and the manner of acceptance is the person who makes the offer. Article 1322. The article talks about the communication of acceptance. To offerer, acceptance must be absolute. On the other hand, an agent is considered as an extension of the personality of the principal. Article 1323. Offers become ineffective upon death, insanity, civil interdiction, and insolvency of either party. Article 1324. An option is the privilege given to the offeree to accept an offer within a certain period. Article 1325. Business advertisements are an invitation to the reader to make an offer. Article 1326. As a general rule, the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Article 1327. The capacity to give consent is presumed. Article 1328. Lucid interval refers to the temporary period of sanity. Article 1329. The article discusses the modification declared for incapacity and other disqualifications. Article 1330. Intelligence, free and voluntary, and conscious and spontaneous are the characteristics of consent. Article 1331. Mistake is the false notion of a thing or a fact material to the contrary. Article 1332. The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract. Article 1333. If the person is aware about the risk affecting the contract and still accepts it, it is presumed that he is willing to take chances or risk. Thus, there is no mistake. Article 1334. Mistake of Law arises from ignorance of some provision of law or from the erroneous interpretation of its meaning. Article 1335. Violence requires the employment of physical force. Article 1336. Violence or intimidation may be employed by a third person. Article 1337. Undue influence overpowers the mind of a party to prevent him from acting understandingly and voluntarily. Article 1338. Causal fraud is committed by one party before or at the time of the celebration of contact to secure the consent of the other. Article 1339. Fraud by concealment equates false representation. Article 1340. Usual exaggeration in trade is not fraudulent since the seller is normally expected to be exaggerated to make a sale at the highest price possible. Article 1341. The general rule is that a mere expression of an opinion does not signify fraud. Article 1342. The article is all about the fraud by a third person. Article 1343. If the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1344. When fraud is employed by both parties, neither may ask for annulment as the fraud of one neutralizes that of the other. In such a case, the contract is therefore valid. Article 1345 - 1346. Simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. There are two kinds of simulation, absolute and relative. SECTION 2 - OBJECT OF CONTRACTS Article 1347 - 1348. Object is the second essential element of a valid contract. As a general rule, all things, or services, or rights may be the object of a contract. Article 1349. The fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence. SECTION 3 - CAUSE Article 1350. Cause (Causa) is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Article 1351. The motive refers to the purely personal or private reason which a party has in entering into a contract. Article 1352 - 1353. The requisites of Cause are it must exist at the time the contract is entered, lawful, and true or real. Article 1354 - 1355. Presumption in contracts as to cause is that every contract is presumed to have a cause and the cause is valid. Thank you, Atty. for the informative video lecture!
Vapor, Jan Avriel R. 1BSA - B Pamantasan ng Cabuyao Good evening, Atty! Here are my notes & summary from this video: Art. 1318 - Three requisites of a contract: Consent, object and cause or consideration. there are also classes of elements of a contract: Essential (pertaining to the requisites), where it is subdivided into common and special, Natural, where a contract is presumed to exist, unless it is expressly stipulated by the contrary, Accidental, occurring if there was a stipulation for certain reasons such as clarifying, restricting or modifying. Art. 1319 - Consent is the agreement of one contracting party's will with that of another/others, and it is the conformity of wills (offer and acceptance). Art. 1320 - states that acceptance may be express in the form of an agreement to pay through oral or written communication, or implied which is determined from an act or behaviour. Art. 1321 - states that the person or party who made the offer has the right to prescribe the time, place, and the manner of acceptance. Art. 1322 - refers to a contract involving an agent. To the offerer, acceptance of the offer must be absolute. In terms of the agent, he is regarded as an extension of his principal's personality. Art. 1323 - discusses offers that become ineffective due to death, insanity, civil interdiction, or insolvency of one party. Art. 1324 - The general rule stipulated is that an offer may be withdrawn at any moment prior to acceptance. Art. 1325 - Advertisement for bidders are just an invitation to make the proposals, but not the offer itself Art. 1326 - states that this does not give advertisers the right to accept the highest or lowest bidder. It talks about the advertisement for bidders which is also generally not definite offers. The advertiser is not the one who makes the offer in this case. Since the bidder is the one who makes the offer, the advertiser has the option to accept or reject it. Art. 1327 - about the persons who cannot give consent. Art. 1328 - Contracts made during a lucid interval is valid. However, if it was agreed in state of drunkenness or hypnotic spell, the contract is therefore voidable. Art. 1329 - Refers to the modifications declared for the incapacity. Their consent could be vaild if it concerns Necessaries, Life, Health and Accident Insurance etc. Art. 1330 - states the characteristics of the consent. It must be intelligent, Free and Voluntary, and Conscious and Spontaneous. Therefore, if a contract is made through a mistake, violence, threat, undue influence or fraud, then it will be voidable. Art. 1331 - defines a mistake as a distinct assumption of a thing or a substantial fact. Art. 1332 - “The person enforcing the contract has the burden of establishing that the agreement is clarified to the party who is unable to read or understand the language chosen”. Art. 1333 - Accepting the contract with awareness of the risk is considered NO MISTAKE for it is presumed that he is willing to take the risk or chances. Art. 1334 - states that a mistake of law that does not invalidate a consent, for it arises from an ignorance of some provision of law or erroneous interpretation of its meaning, which is not an excuse in compliance. Art. 1335 - refers to the presence of violence or threat in order to compel the other party to agree with the offer/contract. There are requisites to consider if there is a threat happening which will void the contract. Art. 1336 - the involvement of a third person to induce threat or violence to the party which will still annul the obligation despite of not taking part in the contract. Art. 1337 - refers to the undue influence to the other party in order to accept the proposal. There are circumstances to be considered in this aspect; (1) confidential, family, spiritual or any relations between parties, (2) Mental weakness, (3) ignorance, and (4) financial distress Art. 1338 - Causal Fraud occurs when one part commits fraud in completion of a contract. The requisites of causal fraud is clearly stated in this article. Art. 1339 - pertains to deception by hiding or omitting to disclose facts when there is a legal requirement to do otherwise. Art. 1340 - mentioned situations that should not be regarded fraudulent. Art. 1341 - general rule: mere statement of an argument doesn't quite constitute fraud Art. 1342 - when a fraud is instigated by a third person therefore presumed that both parties are acting in good faith. If the mistake is insubstantial, it won’t annul the contract. Otherwise, it may be annulled principally on the ground of mistake. Art. 1343 - If a fraud is made in good faith hence not intentional, it is considered a mistake and is voidable on ground of mistake. Art. 1344 - states the effects of two different fraud. If due to a causal fraud, the effects would be annulment of contract and payment of damages, while for incidental fraud, there would only be a liability for damages as an effect. However, if both parties employed fraud, the fraud will neutralize the other, therefore the contract will still be valid. Art. 1345-1346 - The simulation of a contract is discussed. Absolute Simulation occurs when a contract does not exist in the first place and the parties do not seek to be obligated in any way. When the parties' contract differs from their genuine agreement, this is known as relative simulation. Art. 1347-1349 talks about the object which is known as the second essential element of a contract. Art. 1350-1355 pertains to the cause (causa) and its requisites.
Cas, Jeddah Mae C. 1 BSA-A Good Day Atty. These are what i've learned through watching the video. It is summarized based on my understanding on each part. Article 1318 - This article states that there would be no contract except that the following requisites concur, these are consent, object and the cause of the obligation. It also speaks of the classes of elements of a contract which are (a) essential elements also known as requisites of a contract that means no contract can validly exist regardless of the intention of the parties, (b) natural elements that are presumed to exist in certain contracts and (c) accidental elements or particular stipulations, clauses, terms or conditions that are being established by parties in the contract. Section 1-Consent Article 1319 - It speaks of the consent which means the conformity or concurrence of wills to respect the contract, it is also an agreement of will of both contracting parties. Offer is the proposal made by the offerer to the offeree and acceptance which is the manifestation by the offeree. The counter-offer is the rejection of the original offer and an attempt to enter into a contract in a different basis. The offer that are made in jest, out of anger or when emotionally upset the it is not valid offer. Article 1320 - It speaks of the different form of acceptance that can be through express which may be oral or written and implied that are inferred from an act or conduct Article 1321 - This article states that that person who are making the offer has the right to prescribe the time, place and the manner of acceptance. Article 1322 - It speaks about the communication of acceptance; to offerer, acceptance must be absolute and to agent, it is considered as an extension of personality of the principal Article 1233 - This article states thatl the offer becomes ineffective upon the death of an offerer, insanity, civil interdiction which means an accessory penalty that are being imposed by the court of law when a person is convicted of a crime that are more than of 12 years imprisonment and insolvency of either party . Article 1324 - It speaks about the option contract or agreement giving a person for a consideration a certain period within or a person upon payment of consideration can exercise his right to accept the offer within a certain period of time.The option period is the period being given within which the offeree must accept the offer. Option money is the money paid of promised to be paid in consideration for the option. The option is the privelege to the offeree to accept an offer within a certain period, general rule is that it can be withdrawn as a matter of right any time before the acceptance. Article 1325 - This article talks about the business advertisements that are generally not definite offers and an invitation to the reader to make an offer Article 1326 - This article talks about the bidders, the advertisement for bidders are not definite offers and the bidders are the one who are making the offer which the advertiser are free to accept or reject. Article 1327 - It states that that capacity to give consent is presumed. There are certain person that cannot give consent, these are the unemancipated minors, insane or demented person, deaf-mutes that do not know how to read and write however if deaf-mutes does know how to read and write then he can enter into such contract. The reason for their disqualification is that due to them being easily be the victims of fraud that are not capable of understanding the import of their actions. Article 1328 - This article speaks about the contract entered into lucid interval or temporary period insanity are valid which is an exemption to the given in article 1327 which is the insane. Article 1329 - It speaks about modifications declared for incapacity which are (a) necessaries which if the necessaries or necessity was being sold or delivered to a non-capacity person, he must still pay a reasonable price, (b) life, health and accident insurance which beneficiary must be the minor's estate, (c) if entered into a guardian or a legal representative, (d) if other party misinterpreted the age and believe that he is of a legal capacity and (e) minor voluntarily pays a sum of money Article 1330 - This article speaks about the characteristics of consent which must be intelligent, free and voluntary, conscious and spontaneous. There are also different vices of consent which are the fraud or deceit, intimidation or threat, violence o force, undue influence and mistake or error. Article 1331 - This article speaks of mistakes which are false notion of a thing or a fact material to the contrary. The mistake of fact may arise from ignorance of lack of knowledge while mistake of law is a substantial mistake of fact. ·It does not invalidate a contract if it is only a simple mistake however if it is gross then the party cannot avoid liability Article 1332 - This article states that whoever the person or parties tries to enforce the contract then he has the burden to prove that he explained it well to the person who are unable to read or cannot understand. Article 1333 - This article states that if a person or a party is aware about the risk and still accept it, it is presumed that he are willing to take the risk, therefore there are no mistake. Article 1334 - This article speaks about mistakes of law which arises from ignorance of provision of law or an erroneous interpretation of its meaning, its effect does not invalidate consent. Article 1335 - It speaks about violence which requires employment of physical violence Article 1336 - It states that violence or intimidation may be employed by a third person Article 1337 - This article states that undue influence is an influence of a kind that so overpowers the mind of a party, these are the circumstances that must be considered which are confidential, family, spiritual, and other relations between parties, mental weakness and ignorance Article 1338 - It speaks about causal fraud committed by one party before or at the time of the celebration of contract Article 1339 -This article talks about fraud concealment which is a failure to disclose facts when there is duty to reveal them. It is also equivalent to false representation Article 1340 - This article speaks about usual exaggeration in trade which it is not fraudulent since the seller is normally expected to exaggerate at setting high prices to make sales. Article 1341 - This article states that a mere expression of an opinion does signify fraud ·The requisites for exception must be made by an expert, the other party has relied on the expert's opinion and the opinion turned out to be false. Article 1342 - This article talks about fraud by a third person ·If the mistake is insubstantial it does not annul the contract however if the mistake is substantial then it may annul the contract principally on the ground of mistake Article 1343 - It talks about the fraud made in good faith, it is considered a mistake or error if the misinterpretation is not intentional and was made in good faith Article 1344 - This article talks about causal fraud which the effect is an annulment of the contract and subject to damages; incidental fraud will not be a ground for an annulment of a contract however it is subject to liability to damages ·If the fraud is employed by both parties then neither of them may ask for annulment therefore the contract is valid Article 1345 - 1346 -It talks about simulation of contract which means an act of deliberately deceiving others, there are two kinds of simulation which are absolute simulation or fictitious contract that contract does not exist at all and parties do not intend to be bound at all and relative simulation that the contract entered by both parties are different from their true agreement Article 1347 - 1348 -It talks about an object which is the second essential element for a valid contract ·The requisites of thing as object of a contract must be within the commerce of men, not be lagally or physically impossible, in existence or capable of coming into existence and could be determinate or indeterminate ·General Rule: All things or services or rights may be the object of a contract ·Exceptions: In transmissible rights by their nature, or by stipulation or of provision of law, things outside the commerce of man, impossible things or services, future inheritance except in cases expressly authorized by law, object which are not possible of determination as to their kind Article 1349 - This article states that when a quantity has not been stipulated by the parties then it is not a reason to annul or avoid the contract Section 3: Cause Article 1350 - This article talks about cause or causa, it is essential or more proximate purpose which the contracting parties have in view Article 1351 - It speaks about motive which refers to the purely personal or private reason which a party has into entering a contract Article 1352 - 1353 -It talks about the requisites of cause which must exist at the time the contract has entered, it must be lawful, and it must be true and real Article 1354 - 1355 ·Every contract is presumed to have a cause and is valid
Geminiano, Hanna Rian T. 1BSA-A Good day Atty.! Here is the summary of my learnings for this video lecture: Art. 1318 - I learned the three requisites of a contract: consent, object, and consideration.This article also talked about the classes of elements of a contract: essential, natural, and accidental. Art. 1319 - I learned that consent means conformity or concurrence of wills and with respect to contracts it is the agreement of will of the contracting party. The term offer is a proposal made by one party to another. Acceptance is themanifestation by the offeree of his assent to all the terms of the offer. Lastly, counter-offer is the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. Art. 1320 - This article is about the forms of acceptance: 1. Express - oral or written 2. Implied - inferred from act or conduct Art. 1321 - This article stated that the person making the offer has the right to prescribe the time, place, and the manner of acceptance. Art. 1322 - This article pertains to the communication of acceptance for the offeree and the agent. Art. 1323 - This article states the situations wherein an offer becomes ineffective. They are: death, insanity, civil Interdiction, and insolvency of either party. It also stated the other grounds which render offer ineffectiveness. Art. 1324 - This article tackled the definition of option contract, option period, option money, and option. Its general rule is that the offer may be withdrawn as a matter of right at any time before acceptance. Art. 1325 - stated that business advertisements generally not definite offers and are invitation to the reader to make an offer. Art. 1326 - stated that advertisments for bidders are not definite offers. Bidders are the one making the offer which the advertiser is free to accept or reject. The general rule is that the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Art. 1327 - I learned that the capacity to give consent is presumed. Persons who cannot give consent are unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to write. Art. 1328 - It is about lucid Interval which is the temporary period of sanity and drunkenness and hypnotic spell which impair the capacity of the person to give intelligent consent. Art. 1329 - this pertains to the modifications declared for incapacity and other special disqualifications provided by law. Art. 1330 - this article contains the characteristics of consent which are: intelligent, free and voluntary, conscious and spontaneous. Vices of Consent are also tackled in this article. Art. 1331 - This article contains the definition of mistake, mistake of fact and mistake of law. I also learned about the effects of simple and gross mistakes. Art. 1332 - stated that the burden to prove that the contract is well explained to the person who is unable to read or cannot understand the language used, is the person enforcing the contract. Art. 1333 - If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is no mistake. Art. 1334 - This article discussed the definition, effect and reason of mistake of law. Art. 1335 states that violence requires the employment of physical force. It also stated the requisites of violence. Art. 1336 states that violence or intimidation may be employed by a third person. Art. 1337 - Thus article is about undue influence. It is influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to fo what he would have done if he had been left to exercise freely his own judgement and discretion. Art. 1338 - This article pertains to the definition of causal fraud and its requisites. Art. 1339 is about fraud by concealment which is the failure to disclose facts when there is duty to reveal them and is equivalent to false representation. Art. 1340 stated that usual exaggerations in trade is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible. Art. 1341 -The general rule of this article is that a mere expression of an opinion does not signify fraud except when it must be made by an expert, the other party has relied on the expert's opinion, and the opinion turned out to be false. Art. 1342 states that in fraud by a third person, the presumption is that both contracting parties are acting in good faith. Art. 1343 is about fraud made in good faith. If the mispresentation is not intentional but made in good faith, it is considered a mere mistake or error. Art. 1344 is about the effect of causal fraud and incidental fraud to a contract. When fraud is employed by both parties, neither may ask for annulment as the fraud of one neutralizes that of the other. In such case, the contract is therefore valid. Art. 1345-1346 states that simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent of concealed. Art. 1347- 1348 talk about object which is the second essential element of a valid contract. It may be things, rights or services. It also discuss the requisites of thing as object of contract. Art. 1349 stated that the fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence. Art. 1350 states that Cause or causa is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Art. 1351 discussed that Motive is the purely personal or private reason which a party has in entering into a contract. Art. 1352 - 1353 - is about the requisites of cause. First, it must exist at the time the contract is entered. Second, it must be lawful. And lastly, it must be true or real. Art. 1354 - 1355 stated that presumption in contracts as to cause: Every contract is presumed to have a cause and that the cause is valid.
Fernandez, Patricia Jainah M. 1BSA-A Good Day, Atty. I would like to thank you for uploading videos that helps us learn and get to know more the Law on Obligations and contracts that would help us for building the knowledge in the time the students you teach would face the world and become successful CPAs. Article 1318: Contracts have 3 requisites which are:Consent, Object and Consideration. There are classes of elements of a contract, they are: essential, natural and accidental. Article 1319: Consent is the conformity of will and with respect to contracts. Offer is a proposal made by one part to another to enter into a contract. Acceptance is the manifestation by the offeree of his assent to the terms of the offer. Article 1320: An express acceptance may be oral or written while the implied acceptance is inferred from act or conduct. Article 1321: The person making the offer may prescribe the time, place, and the manner of acceptance. An offer is terminated when it is rejected by the offeree. Counter-offer has the effect of extinguishing the offer. Article 1322: The acceptance of the offerer must be absolute and may either express or implied subjects to the terms of the offer. An agent is considered an extension of the personality of his principal, if the offer is made through the agent and the acceptance is communicated through him. Article 1323: An offer became ineffective because of death, civil interdiction, insanity or insolvency of either party before acceptance is conveyed. Article 1324: Option contract means it gives a person consideration for a certain period and under specified conditions within which to accept the offer while offer refers to the privilege itself given to the offeree to accept the offer within a certain period. Option period is the period given within which the offeree must decide whether to accept or not; option money is the money paid as a distinct consideration for an option contract. Offer may be withdrawn as matter of right at any time before acceptance. The exception is when the option is founded upon a separate consideration. Article 1325: Business advertisements of things for sale are not definite offers. Merely invitations to the reader to make an offer or only as proposals. Article 1326: Adviser is not bound to accept the highest or the lowest bidder unless the contrary appears. Article 1327: This provision defines on the contrary who no capacity by which it can be inferred that capacity which exists in those of whom the law has not denied it. There is no effective consent in law without the capacity to give such capacity. The persons who cannot give consent are unemancipated minors, insane persons and deaf-mutes. Article 1328: Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable. Article 1329: The persons enumerated under Article 1327 incapacitated to give consent to contracts due to their lack of mental capacity to do so. They are either deaf-mutes, insane or demented. On the other hand, the special disqualifications mentioned in Article 1329 refer to those explicitly disqualified by law from entering certain contracts. Article 1330: This provision also applies to the wills or donation or even in the recognition of a illegitimate children, could also be vitiated by these cause. It enumerates in a negative manner the different requisites of consent. Article 1331: Mistake or error is the false notion of a thing or a fact material to the contract. Mistake may be of fact or of law. The mistake contemplated by law is substantial mistake of fact, that is, the party would not have given his consent had he known of the mistake. Article 1332: In the law of evidence, it is presumed that “a person intends the ordinary consequences of his voluntary act; or a person makes ordinary care of his concerns”. The burden of proof is shifted now to the party who is enforcing the agreement. He must prove that the document was fully explained to the party alleging fraud or mistake. Failure to rebut the presumption will sustain the charge of fraud or mistake. Article 1333: It is to be assumed here that the party was willing to take the risk. This is particularly true in contracts which re evidently aleatory in nature. Article 1334: It is the fundamental rule in contracts that although the cause or consideration is not expressly stated, yet it is presumed that it exists and that same is lawful. Whoever alleges want of consideration, or that it does not exist or that it is unlawful shall have the burden of proof to establish the same. Article 1335: Violence is an external and physical force or compulsion exerted upon a person to prevent him from doing something or compelling him to do an act. There is physical force employed which is serious or irresistible such that the victim is left without any choice but to submit. The physical force employed is the determining cause in the giving of the consent. Article 1336: Violence or intimidations executed by a third person who was not in the party entered the contract, the agreement is null and void. Article 1337: Undue influence occurs when one party to a transaction is able to influence the decisions of another party to the transaction. Undue influence gives one party an advantage over another. In some cases, a party that is the victim of undue influence may be able to void a contract he or she signed while under the effects of that influence. Article 1338: This article does not define fraud but merely states that there is fraud if a person is induced to enter into a contract through insidious words or machination of another. Fraud is every kind of deception or misrepresentation designed or schemed to lead a party into substantial mistake or error, and relying thereon, he executes a particular act leading to his damage or prejudice. Fraud is a deception to gain consent, without necessarily constituting estafa or a felony. Article 1339: A neglect or failure to communicate or disclose that which a party to a contract knows and ought to communicate constitutes concealment. Injured party may rescind or annul the contract whether the disclosure of facts is intentional or unintentional as long as it is a duty to reveal them and it is misleading or deceiving to a party entering into the contract. Article 1340: It is the natural tendency for merchants and traders to resort to exaggerations in their attempt to make a sale at the highest price possible. Customers are expected to know how to take care of their concerns and to rely on their own independent judgment. Article 1341: An opinion of an expert is like a statement of fact, and if false, may be considered as a fraud giving rise to annulment. When the expert, however was employed by the party who was misled, he cannot ask for annulment, because he is chargeable with the acts and declaration of his employees. Article 1342: Generally, the misrepresentation of fraud employed by a third person does not vitiate consent, Except: When there is a connivance between the third person and one of the contracting parties and when it has created substantial mistake on both parties. Article 1343: If the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1344: Two requisites for fraud as a ground for annulment are given in this Article: The fraud must be serious; the parties must not be in pari delicto (mutual guilt), otherwise, neither party may ask for annulment. The contract would, therefore, be considered valid. Article 1345: A contract simulation might be absolute or relative. When the parties do not intend to be bound at all, the former occurs; the latter occurs when the parties conceal their genuine agreement. Article 1346: Simulation of a contract is the deliberate act of making a fictitious agreement by the parties for the purposes of deception, when in fact the juridical act that appears on the contract does not really exist or is different from what is actually agreed upon. Simulation takes place when the parties do not really want the contract they have executed to produce the legal effects expressed by its wordings. Article 1347: A contract can be made for anything that isn't outside of men's commerce, even future goods. Contracts can be made with any rights that are not intransmissible. Except in instances expressly recognized by law, no contract may be entered into on the basis of future inheritance. All services that are not in violation of the law, morals, good traditions, public order, or public policy may be contracted for. Article 1348: Object certain is the second essential element of a valid contract. The object may be things, rights or services. Article 1349: Once the object is determinate or a specific thing no need for a new or further agreement between the parties, but when the obligation consists in the delivery of a generic or indeterminate thing, whose Quality and circumstances have not been stated, article 1246 governs.
Article 1350: In onerous contracts something is given or promised as a consideration for the engagement or gift, or some service, interest, or condition is imposed on what is given or promised, although unequal to it in value. Remuneratory Contracts is one where a party gives something t o another because of some service or benefit given or rendered by the latter to the former. Gratuitous Contracts- are essentially agreements to give donations, Generosity or liberality is the cause of such contracts, Article 1351: The cause of a contract is the objective and juridical reason for the establishment of a contract and is always the same. while motive is the psychological or personal purpose of a party in getting the object and differs with each person. Each party may have his own personal reasons or motives in entering into a contract. Motive or even with illegal motives does not affect the validity of the contract. Article 1352: A contract of sale is null and void if there is no CAUSE or CONSIDERATION. Cause of Contract is the purpose of the contract. Illegality of Cause arises when the same is contrary to law, morals, public order, good customs or public policy. Article 1353: Void contracts cannot be ratified, but based on Article 1353, as long as it can be proven that another cause that is true and lawful supports it, then the contract will still have a valid cause to sustain it. Article 1354: In the event that the contract does not state its cause, it must be presumed that the cause exists and is lawful. This presumption, though, is rebuttable. If the debtor can prove otherwise, the existence of the cause, or its legality can be questioned. Article 1355: The effect of lesion or inadequacy of cause when it resulted from fraud, mistake or undue influence is that the lesion became a good ground for rescission of the contract.
Evangelista, Shane G. 1BSA-A Here are some of my takeaways in this video lecture; The video lecture is about the essential requisites of Contracts. It talks about the essential requisites of a contract, which are the consent, the object, and the cause. Consent is the conformity or concurrence of wills and with respect to contracts. 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. The object of a contract is its subject matter, it may be said that the thing, service, or right which is the subject of obligation is also the object of a contract. Cause of a contract is the essential reason or purpose of the contracting parties. The distinction of the object and cause of a contract is only a matter of viewpoint. Absence or impossibility of any of the essential requisites of a contract makes a contract null and void.
Vincent N. Abella 1BSA-B Good day Atty. In this video, I learned that there are three requisites of a Contract, the consent, object, and consideration. There are also three different classes of element of a contract, which are essential, natural, and accidental, essential if no contract can validly exist regardless of the parties' intensions, natural if presumed to exist in certain contracts, and accidental if particular stipulations, clauses, terms, or conditions established by the parties in their contract. In article 1319, it states that the Consent is conformity or concurrence of wills and with respect to contract, it is the agreement of the will of the contracting party. Then Offer means proposal made by one party to another. Acceptance which means manifestation by the offeree of his assent to all the terms of the offer. Conter-offer means rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. The article also states that offer made in jest, anger, or when emotionally upset is not a valid offer. In article 1320 discuss the forms of Acceptance, express if oral or written, and implied if inferred from act or conduct. In article 1321 states that the person making the offer has the right to prescribe the time, place and the manner of acceptance. In article 1323 states that offer becomes ineffective upon death, insanity, civil interdection, and insolvency of either party. In Article 1324, it discuss the Option Contract, it is giving a person for a consideration a certain period within which to accept the offer of the offerer. Then Option Period, it is the period given within which the offeree must accept the offer. Option Money, it is the money paid or promised to be paid in consideration for the option. Additionally, Option refers to the privelege given to the offeree to accept an offer within a certain period. The general rule in the article is the offer may be withdrawn as a matter of right at any time before acceptance. In article 1327, discuss the persons who cannot give consent, these are the unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to write. In article 1330, it states the three characteristics of consent, which are intelligent, free and voluntary, and conscious and spontaneous. Intelligent if there is capacity to act, free and voluntary if no violence and intimidation, conscious and spontaneous if no mistake, undue influence, or fraud. In article 1338 discuss Causal Fraud, that it is committed by one party before or at the time of the celebration of a contract to secure the consent of the other. In article 1339 discuss Fraudd by concealment, it is the failure to disclose facts when there is duty to reveal them, it is equivalent to false representation. In Article 1347 discuss Object, it is the second essential element of a valid contract. It may be things, rights, or services. In Article 1350-1355 discuss Cause, it is the essential or more proximate purpose whichthe contracting parties have in view at the time of entering into the contracts. Motive, the purely personal or private reason which a party has in entering a contract.
Alcain, Allyssa Grazielle S. 1BSA-B Good Day! Here are my takeaways from this video lecture: •Article 1318 - this article provides the essential requisites of a contracts. The essential requisites are consent, object, and consideration. Under this provision, it was also discussed the different classes of elements of a contract. They are: 1. Essential- it means that no contracts can validly exist regardless of the intention of the parties. These are known as the requisites of a contract. 2. Natural- it is presumed to exist in contracts. 3. Accidental- these are the stipulation, clauses, terms, or condition established by parties. •Article 1319 - this provides for the definition of consent as one of the three requisites of a contract. Consent is defined as the agreement of the will of the contracting party. It shows conformity or concurrence wills of the people involved. In addition to that, it also provides the definition of the terms, offer as a proposal made by one to another and acceptance as the manifestation by the offeree of his assent to all the terms of the offer. Offer made in anger or when emotionally upset is considered not valid. •Article 1320 - provides the forms of acceptance such as express, whether written or oral. Implied, if inferred from act or conduct. •Article 1321 - it says that the person making the offer has the right to prescribe the time, place, and the manner of acceptance. •Article 1322 - discusses the communication of acceptance to the offerer which has to be absolute and to the agent which is considered as an extension of personality of the principal. •Article 1323 - discussed when the offer becomes ineffective. First, the death of the offerer or offeree. Second is the insanity, third is the civil interdiction which means the inability of a person to exercise his civil rights. Lastly, the insolvency of either party. Also, it discussed the other ground which renders the offer ineffective. First, the failure to comply with the condition to offer as to time, place, and manner, and second is the expiration. •Article 1324 - is an option contract which is an agreement which gives a person a consideration for a certain period within which to accept the offer. There is also an option period wherein a person is given a time which offeree must accept the offer. as well as option money which is the money paid or promised to be paid in consideration for the option. As consent is one of the contract's requisites. •Article 1325 - states that capacity to give consent is presumed. However, unemancipated minors, insane and deaf-mute who do not know how to write are the persons are restricted to give consent. •Article 1326 - it gives clarification that advertiser’s duty is only to accept or to reject offer made by the bidder. •Article 1327 - it states individuals who cannot give consent to a because of lacking capability to understand are: 1. Person who is considered minors (below 18 years old) 2. Insane or demented persons 3. Deaf-mutes who do not know how to write. •Article 1328 - is a contracts made during a lucid interval is valid. However, if it was agreed in state of drunkenness or hypnotic spell, the contract is therefore voidable. •Article 1329 - Refers to the modifications declared for the incapacity. Their consent could be vaild if it concerns Necessaries, Life, Health and Accident Insurance etc. •Article 1330 - states the 3 characteristics of consent which are intelligent (capacity to act), free and voluntary (no violence and intimidation), and conscious and spontaneous (no mistake, undue influence, or fraud). Fraud or deceit, intimidation or threat or duress, violence or force, undue influence, and mistake or error are considered as the vices of consent. The requisites of intimidation or threat are reasonable, well-grounded evil, imminent and grave, upon his person or property or his spouse, descendants, or ascendants, •Article 1331 - is all about mistake, mistake of fact, and mistake of law. Mistake are false notion of a thing. Mistake of fact arise from ignorance, and mistake of law is a substantial mistake of fact. Mistake can be simple or gross. If it is simple, the effect does not invalidate a contract. If it is gross, party cannot avoid liability on the ground of mistake. •Article 1332 - it says that when one party is unable to read the terms and conditions must be explained by the former. •Article 1333 - it states that if a party accepted the risk regarding the contract, then that party cannot allege mistake. •Article 1334 - talks about when a person is ignorant about the law. •Article 1335 - it speaks about violence which requires employment of physical violence. •Article 1336 - states that violence or intimidation may be employed by a third person. •Article 1337 - states the indue influence is when a person take advantage his power over the will of another. And the following are the circumstances to be considered if there is an Indue Influence: 1. Confidential, family, spiritual, and etc. 2. Mental Weakness 3. Ignorance •Article 1338 - states that the causal fraud committed by one party before or at that time of the celebration of contract to secure the consent of the other. •Article 1339 - is a fraud by concealment it is a failure to disclose facts when there is duty to reveal them. •Article 1340 - this article speaks about usual exaggeration in trade which it is not fraudulent since the seller is normally expected to exaggerate at setting high prices to make sales. •Article 1341 - it states that a mere expression of an opinion does signify fraud. The requisites for exception must be made by an expert, the other party has relied on the expert's opinion and the opinion turned out to be false. •Article 1342 - this article talks about fraud by a third person ·If the mistake is insubstantial it does not annul the contract however if the mistake is substantial then it may annul the contract principally on the ground of mistake. •Article 1343 - states about the fraud made in good faith, it is considered a mistake or error if the misinterpretation is not intentional and was made in good faith.
Vesliños , Hannah Camille C. 1BSA-A Pamantasan ng Cabuyao Chapter 2: Essential Requisites of Contract General Provisions Article 1318: There is no contact unless the following requisites concur: 1. Consent 2. Object 3. Consideration In this Chapter a valid contract is one of the manifest all the essential of a contract. Consent is a conformity or concurrent of wills end with respect to contract of the contracting party. Offer is a proposal made by one party to another on the other hand acceptance is a manifestation by the offeree ofh his assent to all terms of offer. Article 1320: Forms of Acceptance There are two form of accept which are express and implied. Express means oral or written while implied deals with inferred from act or conduct. Acceptance must be absolute. Article 1324 lay down the general rule regarding offer a d acceptance. Option Contract is an agreement which give a person or consideration in a certain within which to accept the offer of the offeree. Option money is a money paid or promited to be paid by consideration. Option can also given to the offeree to accept an offer within a Cera period. As a general rule the offer may be withdrawn aa a matter of rights at any time before acceptance. Article 1327 The following cannot give consent to a contract including ; 1. Minor age below 18 2. Insane or demented persons 3. Deaf-mutes who do not capable to read and write the reason for disqualification is that those person can be easily victim of fraud as they are not capable to understand or knowing the important of their actions. Article 1331: Mistake as to the indentity or qualifications of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. A simple mistake of account shall give rise to its correction. Mistake or error is the false notion of a thing or a fact material to the contract but not every mistake will vitiate consent and make a contract voidable. Mistake vany be unilateral when only party is mistaken about a material fact, or bilateral when both parties are in error. Mistake of law does not generally vitiate consent but when there is a mistake on a doubtful question of law on construction or application of law, this analogous to mistake of face and maxim of no proper application. Article 1338 Casual Fraud: Committed by one party before at the time of the celebration of contract to secure the consent of the other . Under of this article there are also requisites must be present to become valid. First, it must be serious. Second, it must have been employed by only one of the contracting parties. Then, it must be made in bad faith. Follow by, it must have been induced the consent of the other contracting party. Lastly, it must have be a ledge and proved by clear and convincing evidence. Article 1343 Fraud in Good Faith: Misrepresention made in goof faith in not fraudulent but may constitute error. The effect of this is the thing become voidable on the ground of mistake. Article 1345-1346 Simulation of a contract: Is and act of deliberately deceiving others by feigning or pretending by agreement the appearance of a contract which is either non-existent or concealed. The two kind of simulation is the absolute and relative . Absolute means it doesn't exist and the parties do not intend to be bound. On the other hand, relative is when a party is different from their agreement entered into a contract. Article 1347-1348 Chapter 2 Object of Contract . Under of this there is a requisites that be present and those are 1. Within the commence of men 2. not be legally or physically impossible 3. in existence of capable or coming into existence 4. it must be determinated As a general rule all things or services or right maybe the object of a contract. Chapter 3 Form of Contract is an essential of more proximate purpose which the contracting parties have in view at the time of entering into a contracts. In this Civil Code term for consideration in Anglo American or common law.
Tenorio, Jeane Antonette E. 1BSA−B Pamantasan ng Cabuyao Here are my notes from this video: Article 1318 Requisites of a contract: 1. Consent 2. Object 3. Consideration Classes of elements of a contract: 1. Essential- no contract can validly exist regardless of the partners’ intentions 2. Natural- presumed to exist in certain contracts 3. Accidental-particular stipulations, clauses, terms, or conditions established by the parties in their contract Article 1319. Consent is conformity or concurrence of wills and with respect to contracts, it is the agreement of the will o the contracting party. Offer- proposal made by one party to another Acceptance- manifestation by the offeree of his assent to all the terms of the offer Counter-offer- rejection of the original offer and and attempt by the parties to enter into a contract on a different basis Offer made in jest, anger, or when emotionally upset is not a valid offer. Article 1320. An acceptance may be express or implied Forms of acceptance: 1. Express- oral or written 2. Implied- inferred from act or conduct Article 1321. Person making the offer has the right to prescribe the time, place and the manner of acceptance. Article 1322. An offer made through an agent is accepted from the time acceptance is communicated to him. Communication of acceptance • To offerer Acceptance must be absolute • To agent Agent is considered as an extension of personality of the principal Article 1323. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. Other grounds which render offer ineffective: 1. Failure to comply with the condition to offer as to time, place and manner Article 1324. Contract of option is one giving a person for a consideration a certain period within to accept the offer of the offerer Option of period is the period given within which the offeree must accept the offer Option money is the money paid or promised to be paid in consideration for the option Option is privilege given to the offeree to accept an offer within a certain period General rule: The offer may be withdrawn as a matter of right at any time before acceptance Article 1325. Unless it appears otherwise, business advertisements of things for sale are not definite offers, but more invitations to make an offer. Article 1326. Advertisements or bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears. Article 1327. Capacity to give consent is presumed. Persons who cannot give consent: 1. Unemancipated minors 2. Insane or demented persons 3. Deaf-mutes who do not know how to write Reason for disqualification These persons may be easily be the victims o fraud as they are not capable of understanding or knowing the import of their actions Article 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness of during a hypnotic spell are voidable. Lucid interval is a temporary period of sanity Drunkenness; hypnotic spell impairing the capacity of a person to give intelligent consent Article 1329. The incapacity declared in article 1327 is subject to the modifications determined by the law, and is understood to be without prejudice to special disqualifications established in the laws Modifications declared for incapacity: 1. Necessaries- when sold and delivered to a person with no capacity to act, he still must pay a reasonable price. 2. Life, health, and accident insurance- beneficiary must be the minor’s estate. 3. If entered into a guardian or legal representative: 4. If other party believe the legal capacity of a minor, who misrepresented his age. 5. Minor voluntarily pays a sum of money or delivers fungible thing and oblige has spent and consumed it in good faith Other special disqualifications provided by law 1. Persons suffering the accessory penalty civil interdiction 2. Hospitalized lepers 3. Prodigals 4. Deaf and dumb 5. Those who are unsound mind 6. Those who by reason of age, disease, weak mind cannot without outside aid or to take care o themselves Articel1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. Characteristics of consent 1. Intelligent- there is capacity to act 2. Free and voluntary- no violence and intimidation 3. Conscious and spontaneous- no mistake undue influence or fraud Vices of consent 1. Fraud or deceit 2. Intimidation or threat or duress 3. Violence or force 4. Undue influence 5. Mistake or error Article 1331. Mistake is a false notion of a thing or a fact material to the contrary Mistake of fact- arise from ignorance or lack of knowledge Mistake of law- is a substantial mistake of fact Simple mistake does not invalidate a contract Gross mistake, the party cannot avoid liability on the ground of mistake Article 1332. The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract. Article 1333. If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is no mistake. Article 1334. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent. Mistake of law- arises from an ignorance of some provisions of law or from the erroneous interpretation of its meaning. It does not invalidate consent; the reason is that ignorance of law excuses no one from compliance therewith.
Del Castillo Patrick John C. Pamantasan ng cabuyao 1BSA-B Good day atty. Narciso Reyes jr. This is the summary of what I've learned in this lesson: Article 1318 offers the 3 crucial standards of contracts (consent, item and consideration) Also this text offer the which means of the 3 training of factors of a agreement (Essential, Natural and Accidental) Article 1319 outline consent as a conformity of wills, provide as an offer made via way of means of one celebration to another, reputation because the manifestation of offeree and counter-provide as a rejection of the unique provide. Article 1320 outline the 2 types of reputation (1) Express as oral/written, (2) Implied as inferred from an act/conduct. Article 1321 said that the character who is making the provide has the proper to prescribe the time, location and the way of reputation. Article 1322 refers to a proposal made via an agent is general from the time reputation is communicated to him. Article 1323 honestly said that a proposal turns into useless upon the death, civil interdiction, insanity, or insolvency of both celebration earlier than reputation is conveyed. Article 1324 outline alternative agreement, alternative duration, alternative cash and alternative. As a widespread rule, the provide can be withdrawn as a depend of proper at any time earlier than reputation. Article 1325 outline commercial enterprise commercial as an invite to the reader to make a proposal and commonly now no longer particular offers. Article 1326 outline bidders as the only making the provide w/c the advertiser is unfastened to accept/reject. Article 1327 said the the people who can not provide consent. Article 1328 outline lucid c program languageperiod as a brief duration of sanity and drunkenness; hypnotic spell as an impairment to the capability of someone to provide smart consent. Article 1329 gave the 5 changes of declared for disability and different unique disqualifications furnished via way of means of the regulation. Article 1330 gave the 3 traits of consent and the 5 visces of consent. Article 1331, just so mistake may also invalidate consent, it must talk to the substance of the element that is the item of the agreement, or to the ones situations that have basically moved one or each events to go into into the agreement. Article 1332 honestly said that once one of the events is not able to read, or if the agreement is in a language now no longer understood via way of means of him, and error or fraud is alleged, the character imposing the agreement need to display that the phrases thereof were completely defined to the former. In Article 1333, there's no mistake if the celebration alleging it knew the doubt, contingency or danger affecting the item of the agreement. Article 1334 outline mistake of regulation as arises from an lack of knowledge of a few provision of regulation. The impact become now no longer to invalidate consent and the cause become lack of knowledge of the regulation excuses no one. Article 1335 refers back to the definition of violence and the standards of intimidation or threat. Article 1336 honestly said that violence or intimidation can be hired via way of means of a 3rd character. Article 1337 said that there's undue affect whilst someone takes incorrect benefit of his strength over the desire of another, depriving the latter of an affordable freedom of choice. The following instances will be considered: the confidential, family, non secular and different family members among the events, or the truth that the character presupposed to were unduly stimulated become tormented by intellectual weakness, or become ignorant or in monetary distress. Article 1338 gave the definition of causal fraud and its standards. Article 1339 outline fraud via way of means of concealment. Article 1340, the standard exaggerations in trade, whilst the opposite celebration had an possibility to realize the facts, aren't in themselves fraudulent. It is the herbal tendency for traders and buyers to inn to exaggerations of their try and make a sale at the best fee viable. Article 1341 as a widespread rule, an insignificant expression of an opinion does now no longer characterize fraud, until made via way of means of an professional and the opposite celebration has depended on the former’s unique knowledge. Article 1342, misrepresentation via way of means of a 3rd character does now no longer vitiate consent, until such misrepresentation has created considerable mistake and the equal is mutual. Article 1343 refers to misrepresentation made in true religion isn't fraudulent however may also represent error. Article 1344 honestly said that during order that fraud may also make a agreement voidable, it must be extreme and must now no longer were hired via way of means of each contracting events. In this example there's concealment, and it's far made in horrific religion or with an rationale to deceive, and prompted to go into into the agreement. Article 1345-1346 outline simulation of a agreement and its kinds, absolute and relative simulation. Article 1347-1348 refers back to the item of the contracts and its standards in addition to the overall rule, all matters or offerings can be the item of a agreement. Article 1349 said that the item of each agreement need to be determinate as to its kind. The truth that the amount isn't determinate shall now no longer be an impediment to the life of the agreement,furnished it's far viable to decide the equal,with out the want of a brand new agreement among the events. Article 1350 offers the definition of reason or causa. Also, Article 1351 presents for the definition of motive. Article 1352-1353 refers back to the 3 standards of reason. Article 1354-1355 said the 2 presumptions in contracts as to reason.
Frias, Rayah 1BSA-A Pamantasan ng Cabuyao CHAPTER 2 - ESSENTIAL REQUISITES OF CONTRACTS 3 Requisites of a Contract: Consent, Object and Consideration Classes of Elements of a Contract: Essential, Natural and Accidental SECTION 1. - Consent ART. 1319. Consent - it is the agreement of the will of the contracting party. Offer - proposal made by one party to another. Offer made in jest, anger, or when emotionally upset is not a valid offer. Acceptance - manifestation by the offeree of his assent to all the terms of the offer. Counter-Offer - rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. ART. 1320. Forms of Acceptance: Express and Implied ART. 1322. To Offerer - Acceptance must be absolute. To Agent - Agent is considered as an extension of personality of the principal. ART. 1323. An offer becomes ineffective upon the (1) death, (2) civil interdiction, (3) insanity, or (4) insolvency of either party before acceptance is conveyed. Other grounds which render offer ineffective: (1) Failure to comply with the condition to offer as to time, place and manner., (2) Expiration of the period to accept the offer., (3) Destruction of the thing due. ART. 1324. The offer may be withdrawn as a matter of right at any time before acceptance. Option Contract - agreement giving a person a consideration for certain period within which to accept the offer of the offerer. A person upon payment of consideration can exercise his right to accept the offer within a certain period. Option Period - the period given within which the offeree must accept the offer. Option Money - money paid or promised to be paid in consideration for the option contract. Option - privilege given to the offeree to accept an offer within a certain period. ART. 1325. business advertisements of things for sale are not definite offers, but mere invitations to make an offer. ART. 1326. The person making the advertisement does not make an offer, on the other hand, it is the bidders who will have to make the offer. ART. 1328. Lucid Interval - temporary period of sanity Drunkenness; Hypnotic Spell - impairs the capacity of a person to give intelligent consent. ART. 1330. Characteristics of Consent: Intelligent, Free and Voluntary and Conscious and Spontaneous ART. 1331. Mistake - false notion of a thing or a fact material to the contrary Mistake of Fact - arise from ignorance or lack of knowledge Mistake of Law - is a substantial mistake of fact Simple Mistake - Does not invalidate a contract Gross Mistake - Party cannot avoid liability on the ground of mistake ART. 1334. Mistake of Law Definition - Arises from an ignorance of some provision of law or from the erroneous interpretation of its meaning. Effect - Does not invalidate consent Reason - Ignorance of law excuses no one from compliance therewith. ART. 1335. Violence - requires the employment of physical force. ART. 1336. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract. ART. 1337. Undue Influence - is influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion. ART. 1338. Causal Fraud - committed by one party before or at the time of the celebration of contract to secure the consent of the other. ART. 1339. Fraud by Concealment - failure to disclose facts when there is duty to reveal them; equivalent to false representation ART. 1340. Usual Exaggerations in Trade - it is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible Dealer’s Talk or Trader’s Talk - representations that do not appear on the face of the contract and these do not bind either party. ART. 1341. A mere expression of an opinion does not signify fraud (General Rule), unless made by an expert and the other party has relied on the former’s special knowledge/ expert’s opinion, false opinion (Exceptions). ART. 1342. Insubstantial Mistake - Does not annul a contract Substantial Mistake - May annul the contract principally on the ground of mistake ART. 1344. Causal Fraud - Annulment + damages Incidental Fraud - Liability for damages ART. 1346. Simulation of a Contract - the act of deliberately deceiving others, by feigning or pretending by agreement Kinds of Simulation: Absolute Simulation and Relative Simulation SECTION 2. - Object of Contracts ART. 1347-1348. All things, or services, or rights may be the object of a contract but there are exceptions. Object - is the second essential element of a valid contract. It may be things, rights, or services. ART. 1349. It is sufficient that the object of a contract is possible to determinable as to its kind without the need of a new contract. SECTION 3. - Cause ART. 1350. Cause (Causa) - essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. ART. 1351. Motive - the purely personal or private reason which a party has in entering into a contract. ART. 1352-1353. Requisites of Cause: It must exist at the time the contract is entered., It must be lawful., It must be true or real. ART. 1354-1355. Presumption in Contracts as to Cause: Every contract is presumed to have a cause and the cause is valid Cause of Contracts Absence or want of cause - Confer no right and produce any legal effect whatever Failure of cause - Does not render the contract void Illegality of cause - Contract is void Falsity of cause - Contract is void, unless the parties show that there is another cause which is true and lawful Lesion - Does not invalidate the contract; except: When there is fraud, and undue influence and in cases specified by law
Krisha Mae M. Navarro 1BSA-B PNC Good day, Atty. Narciso. Here are some key points that I learned upon seeing this video. Article 1318: Talks about the requisites of a contract which are consent, object and cause Article 1319: It discusses about these terms: Consent - conformity or concurrence of wills and with respect to contracts. It is the agreement of the will of the contracting party. Offer - proposal made by one party to another. Acceptance - manifestation by the offeree of his assent to all the terms of the offer. Counter-offer - rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. Article 1320: Forms of Acceptance: 1. Express - Oral or written. 2. Implied - inferred from act or conduct. Article 1321: The person making the offer has the authority to determine the time, location, and manner of acceptance, all of which must be fulfilled. Article 1322: An offer made through an agent is accepted as soon as he receives notice of acceptance. Article 1323: It is all about when an offer becomes ineffective upon: 1. Death 2. Insanity 3. Civil Interdiction - an accessory penalty imposed by the court in law when a person is convicted of a crime which is more than 12 years of imprisonment. 4. Insolvency of either party Article 1324: OPTION CONTRACT - giving a person for a consideration a certain period within which to accept the offer of the offerer. OPTION PERIOD - the period given within which the offeree must accept the offer. OPTION MONEY - money paid or promised to be paid in consideration for the option. Article 1327: Talks about those who are incapacitated to give consent which are unemancipated minor, insane or demented persons, and deaf-mutes who do not know how to write. Article 1328: Contracts made during a lucid interval are legally binding. Contracts made while drunk or under the influence of a hypnotic spell are voidable. Article 1329: MODIFICATIONS DECLARED FOR INCAPACITY: 1. Necessaries - when sold and delivered to a person with no capacity to act, he still must pay a reasonable price. 2. Life, health, and accident insurance - beneficiary must be the minor’s estate. 3. If entered into a Guardian or legal representative. 4. If other party believe the legal capacity of a minor, who misrepresented his age. 5. Minor voluntarily pays a sum of money or delivers fungible thing and oblige has spent and consumed it in good faith. Article 1330: A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. It also states the characteristics of consent which are intelligent, Free and voluntary and Conscious and spontaneous. Article 1332: The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract. Article 1333: If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is NO MISTAKE. Article 1335: States the four requisites of intimidation or threat. There must be reasonable well-grounded evil, it is imminent and grave, it is upon his person or property or that his spouse, descendants or ascendants and it is the reason why he enters into contract. Article 1339: States the meaning of Fraud by concealment. It is the Failure to disclose facts when there is duty to reveal them. Article 1341: a mere of an opinion does not signify fraud. Article 1347: All things, or services, or rights may be the object of a contract. Article 1350: Talks about cause and motive. Cause is Essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts while motive is purely personal or private reason which a party has in entering into a contract. It is different from the cause of the contract. Article 1352-1353: Talks about the requisites of a cause. 1. It must exist at the time the contract is entered. 2. It must be lawful 3. It must be true or real. Thank you, Atty.
Nofies, Gretchen M. PnC (1BSA-A) Good Day Atty! Here are some of my notes from this video: Article 1318 talks about requisites of a contract and classes of elements of a contract. Section 1 - Consent
Article 1319 is about Consent. It is the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party. Article 1320 speaks about forms of acceptance. Article 1321 - Person making the offer has the right to prescribe the time, place, and the manner of acceptance. Article 1322 is about communication of acceptance. Article 1323 - Offers becomes ineffective upon: death, insanity, civil interdiction, and insolvency of either party. Article 1324 is about Option Contract. Giving a person for a consideration a certain period within which to accept the offer of the offerer. Article 1325 is about business advertisements. Article 1326 is about bidders. Article 1327 - Capacity to give consent is presumed. Article 1328 talks about lucid interval. It is a temporary period of sanity. Article 1329 is about modification declared for incapacity and other special disqualifications provided by law. Article 1330 speaks about the characteristics and vices of consent. Article 1331 is about mistake. It is a false notion of a thing or a fact material to the contrary. Article 1332 - The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract. Article 1333 - If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is no mistake. Article 1334 is about mistakes of law. Article 1335 talks about violence. It requires the employment of physical force. Article 1336 - Violence or intimidation may be employed by a third person. Article 1337 -speaks about undue influence. It is influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgment and discretion. Article 1338- is about Causal Fraud. It is committed by one party before or at the time of the celebration of contact to secure the consent of the other.
Article 1339 is about Fraud by concealment. It is failure to disclose facts when there is duty to reveal them. Article 1340- refers to Usual exaggeration in trade. It is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible. Article 1341 - General Rule: A mere expression of an opinion does not signify fraud. Article 1342 is about Fraud by a third person. Presumption: both contracting parties are acting in good faith. Article 1343 talks about fraud made in good faith. If the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1344 - When fraud is employed by both parties, neither may ask for annulment as the fraud of one neutralizes that of the other. In such case, the contract is therefore valid. Article 1345 - 1346 is about simulation of a contract. It is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. SECTION 2 - OBJECT OF CONTRACTS Article 1347 - 1348 is about object and its requisites. Object is the second essential element of a valid contract. Article 1349 - The fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence. It is sufficient that the object of a contract is possible to determinate as to its kind without the need of a new contract. SECTION 3 - CAUSE Article 1350 talks about Cause (causa). It is essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Article 1351 is about motive. The purely personal or private reason which a party has in entering into a contract. Article 1352 - 1353 speaks about the requisites of cause. Article 1354 - 1355 - Presumption in contracts as to cause: (1) Every contract is presumed to have a cause. (2) The cause is valid. Thank you for this video lecture, Atty.
Quiom, Christine B. 1BSA-B Pamantasan ng Cabuyao Good day Atty. Here is the summary of my learnings in this lecture. Article 1318 gives the essential requisites of a contract which are consent, object and consideration(COC). Article 1319 discusses the terms such as consent, offer, and acceptance. Consent is the conformity of wills or agreement of the party. Offer is the proposal made by one party to another. Acceptance is the manifestation by the offeree of his assent to all the terms of the offer. Article 1320 provides the two forms of acceptance. It can be oral or written(express) or inferred from conduct(implied). Article 1321 states that the right to prescribe time, place, and manner is given to the person who makes offer. Article 1323 applies when offers becomes ineffective. It is upon death, insanity, civil interdiction and insolvency. Article 1324 gives the general rule that offer may be withdrawn at any time before acceptance. Article 1327 pertains to persons who cannot give consent. They are the unemancipated minors, insane persons and deaf-mutes who do not know how to write. Article 1330 consist of the characteristics of consent. These are intelligent, free and voluntary and conscious and spontaneous. Article 1332 states that if the person is aware about the risk affecting the contract and still accept it, the presumption is that he is willing to take that risk that's why there is no mistake. Article 1335 gives the 4 requisites of intimidation or threat. There must be reasonable well grounded evil, it is imminent and grave, it is upon his person or property or that his spouse, descendants or ascendants and it is the reason why he enters into contract. Article 1338 refers to causal fraud or the fraud committed by one party before or the time of the celebration of contract to secure the consent of the other. There are 6 requisites in causal fraud which must concur. Article 1344 distinguish the effect in causal and incidental fraud. The former has the effect of annulment and damages while the latter has only liability for damages. Article 1347-1348 discusses about objects of contracts. The general rule is all things, services or rights may be the object of a contract except those are intransmissible rights by their nature, stipulation, or provision of law. Article 1350 talks about cause which is the essential purpose of the parties for entering into the contract. Article 1354-1355 states the presumption in contracts as to cause. Every contract is presumed to have a cause which is valid. The absence of cause produce no right and no legal effect.
Momo, Margie Mae T 1BSA-B Pamantasan ng Cabuyao Article 1318 Requisites of Contracts: 1. Consent of the concerning parties 2. Object certain which is the subject matter of the contract 3. Cause of the obligation which is established Classes of Elements of a Contract 1. Essential Elements - without these, no contract can validly exist a. Common - present in all contracts (consent, object, and cause) b. Special - not common to all contracts 1) Form - public instrument in donation - delivery in real contracts - registration in real estate mortgage 2) Subject Matter - real property in antichresis - personal property in pledge 3) The Consideration or Cause - price in sale and lease - liberality in commodatum 2. Natural Elements - presumed to exist in certain contracts unless the contrary is expressly stipulated(warranties) 3. Accidental Elements - exist only when expressly provided by the parties (particular stipulations) Article 1319 Consent - conformity or concurrence of wills (offer and acceptance) and with respect to contracts - meeting of minds or mutual assent between the parties on the subject matter Offer - proposal made by one party (offerer) to another (offeree), indicating a willingness to enter into a contract * Offer must be certain and seriously intended. - Offer must be certain and definite - An offer made in jest or anger (not seriously intended) is not a valid offer Acceptance - there can be no meeting of minds without it - must be clear and absolute, unconditional, unqualified - if qualified, it merely constitutes a counter-offer which constituted a rejection of original offer Counter-offer - rejection of the original offer and attempt to enter into a contract on a different basis Article 1320 * Acceptance must be express (oral/written) or implied (inferred from act/conduct) Article 1321 Matters that may be fixed by the offerer. * right to prescribe the time, the place, and the manner of acceptance * offer must be communicated and received by the offeree Article 1322 Communication of Acceptance 1) To offerer - absolute and must be communicated to the offerer - express or implied 2) Agent - extension of the personality of his principal - act of the agent is act of the principal - no meeting of mind if principal made the offer and acceptance is communicated to the agent unless he is authorized to receive it. Article 1323 When offer become ineffective: * by merely communicating such intentions to the other party * death, civil interdiction, insanity, or insolvency of either party before acceptance * civil interdiction - accessory penalty imposed by the court of law Other grounds which render offer ineffective: * failure to comply with the conditions * expiration of the period fixed-in the offer * destruction of the thing due * rejection of offer Article 1324 Option Contract - giving a person consideration for a certain period to accept the offer Option Period - period given within which the offeree must accept the offer Option Money - money promised to be paid * earnest money - partial payment of the purchase price - proof of perfection of contract General Rule: Offer may be withdrawn as a matter of right at anytime before acceptance Exception: Option is founded upon consideration, as something paid or promised Article 1325 - Business ads of things or sale are not definite offer acceptance Article 1326 - Ads for bidders generally not definite offers General Rule: Advertiser is not bound to accept the highest bidder, unless the contrary appears (judicial sales) Article 1327 Persons who cannot give consent: 1) Unemancipated minors 2) Insane or demented persons 3) Deaf-mutes who do not know how to write Article 1328 Lucid Interval - temporary period of sanity Drunkenness; Hypnotic Spell - impair the capacity of a person to give intelligent consent Article 1329 Modifications Declared for Incapacity 1) Necessaries - when sold or delivered to a person with no capacity to act, he still must pay a reasonable price 2) Life, health, and accident insurance - beneficiary must be the minor's estate. Article 1330 Characteristics of Consent 1) Intelligent - capacity to act 2) Free and Voluntary - no violence and intimidation 3) Conscious and Spontaneous - no mistake, undue influence, or fraud Vices of Consent 1) Fraud or Deceit 2) Intimidation/Threat/Duress 3) Violence/Force 4) Undue Influence 5) Mistake/Error Article 1331 Mistake - false notion of a thing or a fact material to the contrary Mistake of fact - arise from ignorance or lack of knowledge Mistake of law - substantial mistake of fact Article 1335 Violence - requires the employment of physical force Requisites: 1. Reasonable well grounded evil 2. imminent and grave 3. Upon his person or property or that his spouse, descendants or ascendants 4. It is the reason why he enters into contract Article 1338 Causal Fraud - committed by one party before or at the time of the celebration of contract to secure the consent of the other Article 1339 Fraud of Concealment (false representation) - failure to disclose facts when there is duty to reveal them Article 1345-1346 Simulation of a contract - act of deceiving others, by feigning or pretending by agreement, the apperance of a contract which is either non-existent or concealed. Article 1347-1348 object - is the second essential element of a valid contract - may be things, rights, or services Article 1350 Cause - essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts Article 1351 Motive - purely personal reason which a party has in entering into a contract
Panganiban, Descerey R. 1 BSA -A Good Day Atty. These are my takeaways in this video lecture In article 1318, the classes of elements of a contract which are essential, natural, and accidental were discussed. In article 1319, the definitions for consent, offer, acceptance, and counter-offer was provided. Offer made in jest, anger, or when emotionally upset is not a valid offer. The characteristics of consent are intelligent, free and voluntary, and conscious and spontaneous as provided under article 1330. Article 1338 enlightens us about causal fraud which is committed by one party before or at the time of the celebration of a contract to secure the consent of the other. Article 1343 states that if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Under article 1344, the effect of causal fraud is annulment and damages while incidental fraud is liability for damages.
Aubrey Bianca Robledo 1BSA-B PnC Good day Atty. Here are some of the key takeaways I got from this video lecture. Chapter 2: Essential Requisites of Contracts Article 1318. Requisites of a contract are consent, object and consideration. Essential, natural and accidental are the 3 classes of elements of a contract. Article 1319. In this article consent, offer and acceptance are defined wherein consent is the agreement of the will of the contracting parties, offer is the proposal made and acceptance is the manifestation by the offeree of his asent to all the terms of the offer. Article 1320. According to this article, acceptance may be in the form of express (oral or written) or implied (inferred from act or conduct) Article 1321. The offerrer may have the right to prescribe the time, place and the manner of acceptance of the offer. Article 1322. Communication of acceptance between the offerrer and the agent is discsused in this article. In the case of offerrer, acceptance must be absolute while in the latter, agent is considered as an extension of personality of the principal. Article 1323. Offer becomes ineffective upon death, insanity, civil interdiction and insolvency of either party. Other grounds which render offer ineffective when there is failure to comply with the condition to offer as to time, place and manner and upon death and destruction of the thing due. Article 1324. Option contract (consideration for a certain period), option period (period given) option money (money paid or promised) and option (privilege given) is defined in this article Article 1325. "Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer." Article 1326. "Advertisements for biders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears." Article 1327. Persons who cannot give consent is enumerated in this article and they are the unemancipated minors, insane or demented persons and deaf-mutes who do not know how to write. Their disqualification is due to the reason that they do not have the full capacity to understand their behaviors thus making them easily to be victim of a fraud. Article 1328. Exceptions in insanity is lucid interval. It is the temporary period of sanity. Another one is the drunkenness or hypnotic spell. Though will impair the capacity of a person to give intelligent consent but it will not vitiate consent. Article 1329. Other specialized disqualifications provided by law are enumerated in this article. Those are persons suffering the accessory penalty civil interdiction, hospitalized lepers, prodigals, deaf and dumb, those who are unsound mind and those who by reason of age, disease, weak mind cannot without outside aid, take care of themselves. Article 1330. Characteristics of a consent is that it must be intelligent, free and voluntary and is conscious and spontaneous. 5 Vices of consent was also discussed and those are the fraud or deceit, intimidation or threat or duress, violence or force, undue influence and mistake or error. Article 1331. Mistake, mistake of fact, and mistake of law is legally defined in this article and it is a false notion of a thing or a fact material to the contrary, arise from ignorance or lack of knowledge and is a substantial mistake of fact respectively. Article 1332. When one of the parties is unable to read the contract intelligently or if the language used is beyond his comprehension, it is the party enforcing the contract who has the duty to show that there has been no fraud or mistake and that the terms in the contract has been fully explained. Article 1333. The effect of knowledge of risk is that there will be jo mistake in case the person is aware about the risk affecting the contract and still accepts it. Article 1334. By definition, mistake of law arises from an ignorance of some provision of law or from the erroneous interpretation of its meaning. It does not invalidate consent and ignorance of law excuses no one from compliance therewith. Article 1335. Violence means physical force and its requisites are: it is reasonable well grounded evil, imminent and grave, it is upon his person or property or that his spouse, descendants or ascendants and lastly it is the reason why he enters into contract. Article 1336. Violence or intimidation may be employed by a third person who did not take part in the contract. Article 1337. Undue influence happens when a person takes improper advantage of his power over the will of another which deprive the freedom of choice, judgement and discretion of the latter. Article 1338. Requisites of a casual fraud are: There must be misrepresentation or concealment of a material fact with knowledge of its falsity, it must be serious, it must have been employed by only one of the contracting parties. it must be mad in bad faith, it must have induced the consent of the other contracting party, and it must be alleged and proved by clear and convincing evidence. Article 1339. Fraud by concealment is a failure to disclose facts when there is duty to reveal them and it is equivalent to false representation. Article 1340. The usual exaggerations in trade is a natural tendency for merchants and traders, thus it is not fraudalent since they are normally expected to be making and setting their price as highest as possible for them to achieve profit maximization. Any person who relies on said exaggerations does so at his on peril. Article 1341. " A mere expression of an opinion does not signify fraud, unless mad y an expert and the other party has relied on the former`s special knowledge." Article 1342. Fraud by a third person which is insubstantial does not annul the contract while in substantial, it may annul the contract principally on the ground of mistake. Article 1343. Fraud made in good faith is when the misinterpretation is unintentional but made in good faith, it is considered as a mere mistake or error. Article 1344. Causal and Incidental fraud are the 2 kinds of fraud in the making of a contract. In causal fraud, it will annul the contract and subject the person liable for damages. In incidental fraud, it will not be a ground for annulment of contract but only liability for damages. Article 1345-1346. Simulation of a contract is the act deceiving others by pretending by agreement the appearance of a contract which is concealed or is non existent. The two kinds of simulation are first, the absolute simulation (fictitious contracts) and second, the relative simulation. Sec 2 Object of Contracts. Article 1347-1348. Object is the second essential element of a valid contract. It may refer to a thing, rights or services. Requisites of a thing as object of a contract, and requisites of service as object of contract is enumerated in this article. Article 1349. "The object of every contract must be determinate as to its kind. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract." Section 3: Cause Article 1350. Cause (causa) is legally defined in this article. According to it, cause cause is essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Article 1351. Motive is the purely personal or private reason which a party has in entering into a contract. Article 1352-1353. Requisites of cause are: it must exist at the tie the contract is entered, it must be lawful and it must be true or real. Thank you, Atty!
Ramilyn M. Roble 1BSA-A Pamantasan ng Cabuyao Good day, Atty. Here is the summary of my learnings from the video lecture. Article 1318 - Contracts' essential elements are consent of the contracting parties, the object of the contract, and the cause or the purpose of it. There are classes of elements of a contract, they are essential, natural, and accidental elements. These requisites should be complied with for the contract to be valid. Article 1319 - This talks about consent which serves as the conformity of the acceptance and offer that made by the contracting parties. There is also a case wherein the contract was counter-offer or that they created a new contract. Article 1320 - Acceptance may be implied which is inferred from the act or conduct or express which can be oral or written. Article 1321 - It says that the person who makes the offer has the right to prescribe the time, place, and manner of acceptance in the contract. Article 1322 - The communication of acceptance to the offerer must be absolute while to the agent the acceptance must be an extension of the personality of the principal. Article 1323 - This tackles the ineffectiveness of an offer such as (1)the death of the offerer or offeree, (2)insanity, (3)civil interdiction, and (4)insolvency of either party. Other grounds render the offer ineffective such as the failure to comply with the condition, the expiration of the offer, and the destruction of the thing due. Article 1324 - This talks about the (1)Option contract which gives a person consideration within which to accept the offer of the offerer. (2)Option period which is the period given within which the offeree must accept the offerer. (3) Option money which is the money paid in consideration for the option. These options are the benefit to the offeree whether to accept or bot the offer. The offer may be withdrawn before the time of acceptance. Article 1325 - It says that a business advertisement is not a definite fraud but an invitation to make an offer. Article 1326 - Advertisement for bidders are not definite offers wherein the advertisements are not bound to accept the highest or lowest bidder unless the contrary appears. Article 1327 - This article talks about the persons who cannot give consent to enter into a contract. They are those unemancipated minors and insane of a demented person, and deaf-mute that does not know how to write. They have not consented to them to avoid fraud. Article 1328 - A person that has a lucid interval and entered into a contract was valid while contracts that were agreed in the state of drunkness or during the hypnotic spell are voidable. Article 1329 - A contract that has entered by unemancipated minors are valid when the thing to be delivered are necessaries when a contract was about life, health, and accident insurance when there is a consent form the guardian when minor was mispresented his age, and when they voluntarily pay for the sum of money. Article 1330 - This tackles the characteristics of consent such as intelligent, free, voluntary, and conscious or spontaneous. These characteristics must be present so the contract will be valid. There are also vices of consent, they are (1)fraud or deceit, (2)intimidation or threat, (3) violence or force, (4)undue influence, and (5)mistake or error. Article 1331 - This tackles the mistake that can invalidate consent. A mistake is a false notion of a thing. Mistakes can be fact or law. The mistake when simple, it does not invalidate a contract while when it is gross, there is a liability on the ground of mistake. Article 1332-1333 - The person enforcing the contract should explain the contract to a person who is unable to read or cannot understand the language used. And if the person accepts the offer considering the risk in the contract, there are no mistakes. Article 1334 - This states that mistake of law does not invalidate consent because ignorance of the law excuses no one for compliance therewith. Article 1335-1336 - This tackles the violence present in giving consent. Violence should be (1)reasonable well-grounded evil, (2)imminent and grave, (3)the evil must be upon his person or property or that of his spouse, descendants, or ascendants, and (4)when intimidation or threat was his reason why he enters the contract. The violence can also be employed by a third person. Article 1337 - Tackles the undue influence. It is when a person takes improper advantage of his power over the will of another. The circumstances to be considered if the undue influence was exercised is (1)when there are confidential, family, spiritual, and other relation between the parties, (2) when there is mental weakness, (3)when there is ignorance, and (4) when financial distress of the person alleged to have been unduly influenced. Article 1338 - This tackles the causal fraud or the fraud committed by one party to secure the consent of the offer. Its requisites are: (1)there must be misinterpretation or concealment, (2)it must be serious, (3)it must be employed by only one of the contracting parties, (4)it must be made in bad faith, (5)it must have induced the consent of the other contracting party, and (6) it must be alleged and proved by clear and convincing evidence. Article 1339 - This stated the fraud by concealment or the neglect or failure to communicate or disclose contract. Article 1340 - Exaggeration in trade is not considered fraud for we know that sellers are expected to make a higher price. Article 1341 - An expression of an opinion does not signify fraud unless it is made by an expert and the other party had relied on the former's special knowledge. Article 1342 - It talks about the fraud made by a third person. The mistake that is insubstantial does not annul the contract while a substantial mistake may annul the contract on the ground of mistake. Article 1343 - The fraud made in good faith is considered a mere mistake. Article 1344 - It states the effect of causal fraud wherein it annuls the contract and the guilty will pay damages while the effect of incidental fraud is the liability for the damages. Article 1345-1346 - These tackle the simulation of contract which is the act of deliberately deceiving others. There are kinds of simulation: (1)Absolute simulation when the contract does not really exist and the parties do not intend to bound at all. (2)Relative simulation when the contract entered was different from their true agreements. Article 1347-1348 - These articles talk about the object of the contract. And for an object to be valid, all the requisites must be present: (1)it is within the commerce of men, (2)physically and legally possible, (3)it exists, and (4)it is determinate. Article 1349 - The quantity of the thing or object of a contract shall not be a hindrance to the existence of the contract. Article 1350-1355 - These articles talk about the third essential element of the contract which is the cause wherein it serves as the purpose of contracting parties in entering the contract. The requisites of cause are: (1)It exists on the condition, (2)Lawful, and (3)True or real. It s said that every contract is presumed to have a cause and that must be valid. Thank you, Atty.
Jerwin Pagela | 1BSA-A (PNC) Here are the notes I have jotted down while watching the video lecture. Article 1318 - It's about the requisites of a contract (Consent, Object and Consideration), classes of elements of a contract (Essential, Natural, Accidental Section 1: Consent Article 1319 - Contract is an agreement of the will of the parties. Offer on the other hand is a proposal made by one to another party. Acceptance is when the contract is assented. Counter-offer means the rejection of the original offer. Article 1320 - This is about the forms of acceptance namely: express and implied. Article 1321 - The time, place and manner of acceptance can be decided by the person making the offer. Article 1322 - Communication of acceptance is necessary Article 1323 - Occurenece that can make an offer ineffective. Article 1324 - Option Contracts are agreements that gives a person a consideration to accept the offer within a certain period. Option period on the other hand is when a period is given of when the offer must be accepted. Option money is offering money.The offer may be withdrawn as a matter of right at any time before acceptance. Article 1325 - Business Advertisements are not definite offers. Article 1326 - Bidders. The advertiser is not bound to accpet the highest hidder or the lowest bidder unless the contrary appears. Article 1327 - Capacity of the parties to give consent is presumed. Article 1328 - Temporary period of insanity is called as Lucid interval. Article 1329 - This article is about the modifications declared for incapacity which are necessaries, life, health and accident insurance. Other special disqualifications provided by law are also exisiting. Article 1330 - Consent has characteristics and these are: Intelligent, Free and Voluntary, Conscious and Spontaneous. There are also vices of consents. Article 1331 - A false notion of something to the contrary is a mistake. Mistake of fact arises from ignorance while mistake of law is a substantial mistake of fact. Article 1332 - The person enforcing the contract has the burden to prove the contract is well explained to the other person. Article 1333 - It is considered that there are no mistakes if the the person is aware of the risks that the contract has yet still accepted it. Article 1334 - This article is about the definition of the mistakes of law its effects as well as its reasons. Article 1335 - Violence is the use of physical. Violence has its own requisites. Article 1336 - A third person can employee intimidation or violence. Article 1337 - There is this kind of influence that overpowers the mind of a party to prevent him from acting understanding leandro entirely to do what he would have done if he had been left exercise brayley his own judgment and discretion. It is called the undue influence. Article 1338 - A fraud committed by one party before or during the celebration of contract to secure the consent of the other is called causal fraud. Article 1339 - Necessary facts to be revealed are failed to disclose, it is considered fraud by concealment. Article 1340 - usual exaggerations in trade is not fraudulent.However, any person relies on said exaggerations does so at his own peril. Article 1341 - A mere expression of an opinion does not signify fraud. Article 1342 - This article is about fraud by a third person. Article 1343 - If misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error and is called as a fraud made in good faith. Article 1344 - A fraud can be causal or incidental. If it's causal, annulment or damages should be expected. However, if it is incidenta,l liability for damages are only expected. Article 1345-1346 - The act of deliberately deceiving others by feigning or pretending by agreement is considered a simulation of a contract. There are two kinds of simulations namely absolute and relative. Section 2 : Object of Contracts Article 1347-1348 - The second essential element to a valid contract is an object. It may be things, rights or services. Article 1349 - The fact that a quantity is not determinate shall not be a hindrance for a contract to come into existence. Section 3: Cause Article 1350 - Cause or Causa is is the purpose or the reason why contracting parties decided to enter into the contracts. Article 1351 - The motive of a party to enter into a contract can be purely personal or private reason. Article 1352-1353 - This article is about the requisites of cause. Article 1354-1355 - Every contract is presumed to have a cause. And that the cause is valid.
Castillo, Rikka Marie B. 1BSA-A PNC Chapter 2 - Essential Requisites of Contracts Article 1318 - This contains the requisites of a contract which are contract, consent and consideration. Section 1 - Consent Article 1319 - This article contains the meaning of consent. A consent is the agreement of the will of the contracting party. Article 1320 - This article contains the forms of acceptant of offer. There are two forms of acceptance; (1) Express; and (2) Implied. Express is the form of acceptance where in it is oral or written. An Implied form of acceptance is inferred from an act or conduct. Article 1321 - This article is about the person making the offer has an obligation to fix the time, place and manner of acceptance. Article 1322 - This article is about communication of acceptance. To offerer, the acceptance of the offer must be absolute and to the agent, it is considered as extension of the personality of his principal. Article 1323 - This article talks about when the offer becomes ineffective. An offer becomes in effective upon the death of the offerer, insanity or civil interdiction. There are also some grounds that makes the offer ineffective which is the failure to comply with the condition to offer as to time, place and manner, expiration of the offer, and the destruction of the thing due. Article 1324 - Option contract - contract that gives a person a consideration a certain period in which he can accept the offer. Option period - period given to the offeree to decide whether he will accept the offer Option money - money paid for the option contract Article 1325 - Business advertisements Article 1326 - Advertisements for bidders Article 1327 - Capacity to give consent is presumed except unemancipated minors and insane or demented person and deaf-mutes. Article 1328 -Contracts made in lucid interval is considered as valid. Lucid interval is a temporary period of sanity. Article 1330 - This article contains the characteristics of consent. (1) Intelligent; (2) Free and Voluntary; (3) Conscious or spontaneous. this article also contains the vices of consent Vices of consent 1. Error or Mistake 2. Violence or force 3. Intimidation or threat or duress 4. Undue influence 5. Fraud or deceit Article 1331 - Gross and simple mistake Article 1332 - The person who is enforcing the contract has a burden to prove that the contract is well explained to the person who is unable to read or cannot understand the language used. Article 1333 - If the person is aware of the risk in entering the contract and still accepts it, there is no mistake done. Article 1334 - Mistake of Law Article 1335 - Requisites of violence 1. Reasonable well grounded evil 2. Imminent and grave 3. Evil must be upon his person or property or that his spouse, descendants or ascendants. 4. It must be the reason why he enters into contract. Article 1336 - Violence may be employed by a third person Article 1337 - undue influence. It is a kind of influence that overpowers the mind of a party as to prevent hum from acting understandingly and voluntarily done if he can decide. Article 1338 - Causal Fraud is a fraud made at the time of the celebration of the contract to secure the consent of the other. Article 1339 - Fraud by concealment is a failure to communicate or disclose that which a party to a contract knows and ought to communicate constitutes concealment. Article 1340 - Usual exaggerations in trade is not a fraudulent. It is not a ground to invalidate the contract. Article 1342 - Fraud by a third person. Article 1343 - Fraud made in good faith. If the misrepresentation is made unintentional and in good faith, it is considered a mistake or error. Article 1344 - Fraud made in making the contract. Causal fraud - ground for the annulment of contract and give rise to damages Incidental fraud - not a ground for the annulment of contract but give rise to the liability of damages. Section 2 - Objects of contract Article 1147 - 1148 - object of a contract is its subject matter. Requisites of things as object of contracts 1. Within the commerce of men 2. Not legally or physically impossible 3. In existence or capable of coming into existence Requisites of service as the object of contracts 1. Within commerce of men 2. Not be legally or physically impossible Article 1349 - quantity of object of contract is need not determinate. Section 3 - Cause of contracts Article 1350 - Cause Article 1351 - motive is a personal reason why a person enters a contract Thank You for the video, Atty!
AMBAT JONALYN C Pamantasan ng Cabuyao 1BSA-B Good day Attorney! Here are my key takeaways from this video lecture. Article 1318 about the requisites of contract which are COC ( or consent, object, and consideration). It discusses the classes of elements of a contract. the essential elements of a contract which means the contract must have all the essentials elements to be valid otherwise it will not exist validly. Second, the natural element which is presumed to exist. And Lastly, the accidental elements the stipulation or terms established by the parties that made it part of a contract. Article 1319 about the meaning of consent. Which is giving of one's conformity of wills and concerning contracts.. Offer is the proposal made by the offerer to the offeree and it is said that the offer is not valid if it is made in jest, anger or when emotionally upset. Acceptance is the manifestation by the offeree of his assent to all the terms of the offer. Article 1320 talks about the forms of acceptance that can be express in oral or written and implied inferred from act or conduct. Article 1321 the person making the offer has the right to demand the time, place, and manner of acceptance. Article 1322 about the communication of acceptance. Where The offerer acceptance must be absolute while the agent is considered as the extension of the personality of the principal by legal fiction. Article 1323 - when the offer becomes ineffective. there are 4 of it which is the First, the death of the offerer or offeree. Second is the insanity, third is the civil interdiction which means the inability of a person to exercise his civil rights. and Lastly, the insolvency of either party. Article 1324 -is about options contracts, option periods, and option money. An option contract is considering a person a consideration for a certain period to accept the offer of the offerer . the period given by the offerer to the offeree which to accept the offer. Article 1325 discussed the business advertisements. It is not definite offers but an invitation to the reader to make an offer. Article 1236 is about bidders. The general rule is that the advertiser is not bound to accept the highest or lowest bidder unless the contrary appears. It is said that the advertisement for bidders are not definite offers and is the one making the offer which the advertiser is free to accept or reject. Article 1327 - the capacity to give consent is presumed unless that person is an unemancipated person, insane or demented persons or deaf-mutes who do not know to write however, if he knows how to write then he is valid to enter a contract. Article 1328 -is about lucid interval. A temporary period of sanity where a person can able distinguish what is real and right. Article 1329 it is about the modifications declared for incapacity. Also, it discussed the other special disqualifications provided by law which are persons suffering the accessory penalty civil interdiction, hospitalized lepers, prodigals, deaf and dumb, those who are unsound mind, and those who by reason of age, disease, and weak mind. Article 1330 - about the characteristics of consent. Also in this article it discussed the vices of consent which are fraud or deceit, intimidation or threat or duress, violence or force, undue influence, and mistake or error. Article 1331 speaks about the mistake which means the false notion of a thing or a fact material to the contrary. Mistake of fact means arise from ignorance or lack of knowledge. Article 1332 - said that if the person is unable to read or cannot understand the language used, the person enforcing the contract must explain the contract well. Article 1333 said that if the person is knowledgeable about the risk affecting the contract. it is presumed that there is no mistake. Article 1334 - it is about the meaning, effect, and reason of a mistake of law. Article 1335 - is about violence and its requisites. Violence requires the employment of physical force and its requisites are reasonable well-grounded evil, imminent and grave, upon his person or property or his spouse, and the reason why he enters into a contract. Article 1336 is about violence or intimidation may be employed by a third person. Article 1337 talks about the influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done. Article 1338. The requisites of casual fraud are misrepresentation or concealment of a material fact with knowledge of its falsity. Article 1339 the fraud by concealment. Where It is the failure to disclose facts when there is a duty to reveal them and it is equivalent to misrepresentation or false representation. Article 1340 is about usual exexaggerations in trade.. Article 1341 is about the expression of opinion that does not signify fraud. It has requisites which are it must be made by an expert, other contracting party has relied on the expert's opinions, and the opinion turned out to be false or erroneous. Article 1342 is about fraud by a third person. Article 1343 is about fraud made in good faith. It is said that if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1344 discussed the effect of causal and incidental. The effect of causal is annulment plus damages while incidental is a liability for damages. Article 1345 to 1346 discussed the simulation of a contract. There are kinds of simulation which are absolute simulation and relative simulation. While the Article 1347 to 1348 talks about the concept of object. The object is the second essential element of a valid contract. It may be things, rights, and services. Article 1350 talks about cause or causa. Where It is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Article 1351 discussed the meaning of motive. the purely personal or private reason that a party has in entering into a contract. Article 1352 to 1353 is about the requirements of the cause which is it must exist at the time the contract is entered, it must be lawful and it must be true or real.And while the Article 1354 to 1355 is about presumption in the contract as to cause. Thank you so much Atty for this video lecture. God bless you po
Danica May J. Pajac 1BSA-A (PNC) Good day Attorney! Here some of my knowledge and notes that taken from this lesson. This is the part 10 of our lecture series on the law and obligation and contracts. It is all about the essential requisites of a contract. Article 1318 : Requisites of a contract There are three requisites of a contract these are Consent, Object, and Consideration. There are different classes of elements of a contract: First is Essential means there is no contract that all contracts must obtain essential element or less the contract will not be valid. Second is natural which means is presumed to exist in certain contracts. Another one is accidental which define as it is not automatically that form part of a contract but due to the stipulation of parties it is so present. Section 1. Consent Article 1319 Consent that means conformity of wills and having respect to contracts. Having the agreement of the will of contracting party. Offer which simply means a proposal that made by one party to another. Acceptance which define as the manifestation that made the offer of his assent to all certain offer. Counter offer means contradict from the main offer and attempting by the parties to create into a contract with different basis. Article 1320 Express which simply oral or written while implied which means the inferred from act or conduct. Article 1321 Person making the offer has the freedom to choose the time, place and manner of acceptance. Article 1322 Communication of acceptance For the offer the acceptance must be absolute and for the agent is considered as extension of personality of the principal. Article 1323 Offers are not effective to the death of offerer or offering, upon insanity, civil interdiction. Civil interdiction means the inability or a prohibition to a person to exercise his civil rights. Another is insolvency of either party. Article 1324 Option Contract means agreement that having a consideration to the person at a certain period within which to accept the offer from offerer. Option period means the certain period must accept the offer. Option money is the agreement paid or promised for the option. Article 1325 Business advertisement simply means it doesn't definite offers. Article 1326 Bidders means the endorsement for bidders are note definite offers. The one who make the offer which the advertiser is free to accept or decline. Article 1327 The capacity to have consent is presumed. There are persons who are not able to give consent. These are unemancipated minors, insane or demabded person, deaf-mutes who are not know to write. Article 1328 Lucid interval that means temporary period of sanity. During lucid interval the insane person will regain his or her sanity that he or she can think clearly. Drunkennes ; Hypnotic spell Will only impair the capacity of a person to give information consent. Article 1329 Modification Declared for incapacity Necessaries occur when sold and given to a person that are not able to act, he or she must still pay a reasonable price. Life, health, and accident insurance must benefits by minors state. Article 1330 Characters of consent Intelligent where he or she are able to act. Free and voluntary without having violence Conscious and spontaneous Article 1331 Mistake having a wrong notion or a fact material to contrary. Mistake of fact means ignorance or lack of knowledge. Mistake of law is a substantial mistake of fact. Article 1332 It states that whoever the person or the party who attempt to inform the contract then he has the burden to prove that the contract has been well explain if the person were not able to read or don't know the language that used. Article 1333 If the party knows about the risk that it can affect the contract and still accept it then there is no mistake because it tells that he or she are willing despite of risk. Article 1334 Mistake of law define as the ignorance of some provision of law that can result to invalidate of consent. Article 1335 Violence requires the employment of physical force. Article 1336 Physical force can be implied by a third person. Article 1337 Undue influence means the influence of a kind that has overpowers the mind of a person in able to prevent him from acting understangily. Article 1338 Casual fraud that done by one party before the contract to secure the consent of other. Article 1339 Fraud by concealment occur when failure to disclose facts when it is required to reveal them. Article 1340 Usual exaggerations trade which its not fraudulent since seller expected to be exaggerated to make sell to highest price. Article 1341 General rule is a mere expression of an opinion is not identified as fraud. Requisites for exception It must created by proffesionals. Article 1342 Fraud by a third person Both contracting person must acts in good faith. Article 1343 Fraud made in good faith occurs when there misinterpretation is not intentionally conducted but in a good faith then it can considered as mistake or error.When fraud is casual then the effect is annulment but if is incidental it can be liability to damage. Article 1345-1346 Simulation of a contract is act of deliberately deceiving others by pretending by a proposal. The existent of contract is not exist or concealed. Article 1347-1348 Has the objective of the second essential element of a valid contract. It can be things, rights, or services. All things or rights, services may be the object of the contract. Article 1439 As the quantity is not determinate then there must be no problem for a contract to come into existence. Section 3 Article 1350 Cause or causa is necessary by which the contracting parties have in view at the time of entering into the contracts. Article 1351 Motive occur when private reason which a party has entering into a contract. Article 1352-1353 Requisites of cause It must be occur at the exact time when the contract begin. It must be lawful It must be real Thank you Atty.
Marjes, Kimberly Yrah R. 1 BSA-B Good day Atty. In this video I have learned that contracts has its requisites. As stated under Article 1318, consent, object and consideration are the requisites of contract. While the classes of elements of a contract are essential, natural, and accidental. Article 1319, discussed consent which refers to the conformity of wills and with respect to contract, it Is the agreement of the will of the parties. While offer is the proposal made and acceptance is the manifestation of one's assent to all the terms of the offer made. However, contour-offer is the rejection of the original offer. On article 1320, the forms of acceptance are discussed. It can be express in oral or written and implied or inferred from act or conduct. Article 1321 implies that the person making the offer has the right to prescribe the time, place and the manner of acceptance. However, under 1323, the offer becomes ineffective upon the death of the offeree, insanity as well as civil interdiction which is an accessory penalty imposed by the court wherein a person is prohibited to exercise his civil rights. Moreover, there are also other grounds which render offer ineffective according to 1323. It can be either failure to comply with the condition to offer. It could also be expiration or destruction of the thing due. Under 1324 is an option contract which is an agreement which gives a person a consideration for a certain period within which to accept the offer. There is also an option period wherein a person is given a time which offeree must accept the offer. as well as option money which is the money paid or promised to be paid in consideration for the option. As consent is one of the contract's requisites, article 1325 states that capacity to give consent is presumed. However, unemancipated minors, insane and deaf-mute who do not know how to write are the persons are restricted to give consent. While article 1328 implies the exception on the prohibition of insane person to give consent. Lucid interval is a temporary period of sanity, drunkenness; hypnotic spell are discussed under 1328. Now, under 1330 are the characteristic of consent. it must be intelligent, free and voluntary, conscious and spontaneous. There are also vices of consent which are fraud, intimidation, violence, undue influence and mistake. Article 1335 indicates the requisites of violence which are reasonable well grounded evil, imminent and grave, upon his person and it is the reason why he entered into contract. Under an important provision Article 1338 is casual fraud is a fraud committed by a party at the time of celebration of contract to secure the consent of another. While 1339 is the fraud by concealment which refer to the failure to disclose facts when there is duty to reveal them. Now 1340 refers to the usual exaggeration in trade which is not fraudulent since seller is normally expected to be exaggerated to make sale at the highest price possible. Article 1345-1346 refer to simulation of contract which is the act of deliberately deceiving others by feigning or pretending by agreement. It has 2 kinds which are absolute and relative simulation. Now, Section 2 is the object of contracts. Starting under 1347-1348 which refer to the second essential element of a valid contract which is the object. While section 3, cause which is the purpose which the contracting parties have in view at the time of entering into the contracts. Motive is not a cause. Article 1354-1355 presume the contract to have a cause and that the cause is valid. Thank you for the lecture Atty.
Serrano, Kaela B. 1BSA-A Pamantasan ng Cabuyao Good day, Atty! Here are my key takeaways from this video. Article 1318 requisites of a contract: -consent -object -consideration classes of elements of a contract: -essential -natural -accidental Article 1319 consent, offer, acceptance, and counter-offer was discussed. Note that offer made in jest, anger, or when emotionally upset is not a valid offer. Article 1320 stated that acceptance may be oral or written or inferred from act or conduct. The person making the offer has the right to prescribe the time, place, and the manner of acceptance. Article 1322 discussed the communication of acceptance to offerer and to agent. To offerer- acceptance must be absolute To the agent- the agent is considered as an extension of personality of the principal. Article 1325 Business advertisements do not define offers. Article 1326 Bidders are the one making the offer which the advertiser is free to accept or reject. General rule: the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Article 1327 Capacity to give consent is presumed except if they are: -inemancipated minors -insane or demented person -deaf-mutes who do not know how to read and write. The reason for disqualification is these persons may be easily the victims of fraud as they are not capable of understanding or knowing the import of their actions. Article 1328 ] Lucid interval -temporary period of insanity Drunkenness; hypnotic spell -impair the capacity of a person to give intelligent consent. Article 1329 Modifications declared of incapacity: -Necessaries -Life, death and health insurance -if entered into a guardian or legal representative -If other party believe the legal capacity of a minor, who misinterpreted his age -minor voluntarily pays a sum of money or deliver fungible thing and obligee has spent and consumed it in good faith Other special disqualifications provided by law: -person suffering the accessory penalty civil interdiction -hospitalized leepers -prodigals -deaf and dumb -those who are unsound mind -those who by reason of age, weak mind cannot without outside aid take care of themselves. Article 1330. characteristics of consent: -intelligent -free and voluntary conscious and spontaneous Vices of consent: FIVUM Fraud or deceit Intimidation or threat or deceit Violence or Force Undue Influence Mistake or error Article 1331 Mistake can be simple and gross. The effect of simple mistake does not invalidate a contract while for gross mistake, the party cannot avoid liability on the ground. Article 1332 states that the person enforcing the contract has the burden to prove that the contract is well explained to the person who is unable to read and write or cannot understand the language used. Article 1333 There is no mistake if the person is aware about the risk affecting the contract and still accept it because it is presumed that he is willing to take chances or risk. Article 1334, The mistake of law arises from ignorance of some provision of law or from the erroneous interpretation of its meaning. Article 1335 provides the definition of violence that requires the employment of physical force and its requisites. Article 1336 Violence or intimidation can be employed by a third person. Article 1337 undue influence is influence of a kind that so overpowers the mind of a party to prevent him from acting or understanding and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion. Circumstances to be considered: -Confidential, Family, spiritual and other relations between the parties -Mental weakness -Ignorance -Financial Distress Article 1338 causal fraud - committed by one party before or at the time of the celebration of contract to secure the consent of the other. Requisites for causal fraud: --there must be misinterpretation, or concealment of a material fact with knowledge of its falsity. -must be serious -must have been employed by only one of the contracting parties -must have been in bad faith -must have induced consent of the other contracting parties -must be alleged and proved by clear and convincing evidence Article 1339 Fraud by concealment -failure to disclose facts when there is duty to reveal them. Article 1340 usual exaggerations in trade is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible. Article 1341 general rule: a mere expression of an opinion does not signify fraud however there are exceptions. Fraud by a third person presumes that both contracting parties are acting in good faith. Article 1344 effect of causal fraud which is annulment and damages while incidental fraud is liability for damages. Under article 1345-1346, simulation of a contract is the act of deliberately deceiving others, by feigning of pretending by agreement, the appearance of a contract which is either non-existent or concealed. There are two kinds which are absolute simulation and relative simulation. Article 1347-1348 is about the object and its essential requisites. T Article 1349- the quantity is not determinate shall not be a hindrance for a contract to come into existence . Article 1350 Cause is an essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Article 1351 provides the meaning of motive as a purely personal or private reason which a party has in entering into a contract. Article 1354-1355 states that presumption in contracts as to cause are valid and every contract is presumed to have a cause. Thank you, Atty!
Candido, Hannah Mae P. PNC- 1BSA-A Good Day Atty! Below is the summary on what I've learned in the video lecture. This video is about Chapter II- Essential Requisites of Contracts Section 1 General Provision. Article 1318 talks about the 3 (three) requisites of contracts which are consent, object, and consideration. it also discuss the different classes of elements of a contract. Article 1319 gives the definition of consent, offer, acceptance, and counter-offer. While Article 1320 discuss the forms of acceptance that already discusses under article 1319. It can be express (oral or written) or implied ( inferred from act or conduct). Article 1322 shows the communication of acceptance to the offerer and to agent. We will know when will be the offer becomes effective under Article 1323. The Article 1324 provides what is the option contract, option period, and option money. The option refers to the privilege given to the offeree. As a general rule, the offer may be withdrawn as a matter of right at any time before acceptance. Article 1325 shows what is the meaning of business advertisement and 1326 shows the meaning of bidders. While Article 1327 highlighted which persons are not allowed to give consent. The person who experiencing lucid interval and drunkness are also a person who cannot enter to a contract based on Article 1328. Article 1329 discuss the modifications declared for incapacity and other special disqualifications provided by law. The Characteristics of Consent is tackled under Article 1330. The meaning of mistake, mistake of fact, and mistake of law are discussed in Article 1331. The Mistake and its effect are explained in this article. The Article 1333 explains that if the person is aware about the risk of a contract and still accepts it, it is presumed to that he is willing to take chances. Therefore, there is no mistake. Article 1335-1336 is about violence, the violence or intimidation may be employed by a third person. Causal fraud is committed by one party before or at the time of the celebration of contract to secure the consent of the other is discussed on Article 1338. The requisites is also enumerate on this article. Under Article 1339 is a fraud by concealment. Article 1343 emphasizes the fraud made in good faith, and 1344 is about fraud and its effect. Article 1345-1346 is the simulation of a contract and its kinds of simulation. Now, we're going to the Section 2 Objects of Contracts. Article 1347-1348 gives the meaning of objects, its requisites of thing as object of contract, and requisites of service as object of contract. As the general rule, all things, or services, or rights may be the object of a contract. But there is an exceptions on this that listed in this article. Next is the Section 3 Cause. The Art.1350 gives the meaning of cause or causa which means essential or more proximate purpose. The 1351 is about motive while 1352- 1353 enumerate the requisites of cause. The Article 1354-1355 talks about presumption in contracts as to cause, and the cause and effects of a contract. Thankyou for the lecture and Godbless Atty!
Lozada, Isabel I. 1 BSA A This is the summary of what I have learned in this video lecture: Article 1318, gives the requisites of a contract which are the consent, object, and consideration where if one of it are not present, then it is assumed that no contract exists. Also, the classes must exist as well so that the contract can be considered valid. Classes of elements of a contract: 1. Essential - requisites of a contract 2. Natural - presumed to exist even there is no stipulation between parties 3. Accidental - stipulations made by the contracting parties Article 1319-1346: Consent Article 1319, gives the meaning of consent in which it means that it is the meeting of minds (where the offer must be intended seriously and certainly and it must be accompanied by acceptance) of the parties. Article 1320, states that an acceptance may be express or implied. Article 1321, it states that the offerors can prescribe when, where, and how the acceptance will be made. Article 1322, it applies to the communication of acceptance to agent. Article 1323, states that an offer can be ineffective due to death, civil interdiction, insanity or insolvency of one of the binding parties before the acceptance of the offer. Moreover, other ground such as when non-compliance with the condition, expiration of the period of offer, or the destruction of the thing due were apparent. Article 1324, enlightens that offer may be withdrawn before the acceptance of it. Article 1325, states that if the business advertisements possesses specific particulars of a contract, then it is deemed to be definite offer. Article 1326, it gives clarification that advertiser’s duty is only to accept or to reject offer made by the bidder. Article 1327, individuals who cannot give consent to a because of lacking capability to understand are: 1. Person who is considered minors (below 18 years old) 2. Insane or demented persons 3. Deaf-mutes who do not know how to write Article 1328, the exception to the persons who cannot give consent is when it is in a lucid interval. Also, it was also stated that the contract is voidable if a person is drunk or during a hypnotic spell. Article 1329, it also talks about the modification declared for incapacity: 1. Necessaries - if basic necessities are delivered to a minor, then the minor must still pay a reasonable price 2. Life, Health, and Accident Insurance 3. It is a valid contract if it is entered by their guardian 4. Misrepresentation made by the minor which makes the other party to believe is also considered entered into a valid contract 5. Minor voluntarily pays a sum of money or delivers fungible thing and obligee has spent and consumed it in good faith. Article 1330, it states the contract is voidable if consent were made through fraud, intimidation or threat, violence, undue influence, or mistake. Article 1331, it talks about when error or mistake vitiates consent. It will vitiate if the main reason why the party entered into a contract. Furthermore, it was also mentioned that a simple mistake does not invalidate contract but a correction must be made. Article 1332, it talks about the burden to prove that the contract is well explained to a person that cannot read or understand the language used. Article 1333, it states that if a party accepted the risk regarding the contract, then that party cannot allege mistake. Article 1334, talks about when a person is ignorant about the law. Article 1335, it states that it also vitiates consent when the reason why the contract was entered into is because of violence; unless, if the threat is considered just and legal. Article 1336, violence can be also employed by the third person, and to make the contract voidable and annullable, the requisites of violence must be present. Article 1337, it is another ground to vitiate consent which is then inequity in power between the contracting parties: Undue Influence. Article 1338, it states that the causal fraud talks about the actions done by the other party for the purpose of defrauding the other. Article 1339, it talks about fraud by concealment which means there is failure to disclose facts when there is a duty to reveal them. Article 1340, it states that it is normal to witness exaggeration in trade in which the customers are expected to become beware of it. Article 1341, it states that an opinion does not equate to fraud unless made by the expert. Article 1342, it is about the fraud made by a third person that can annul the contract of the parties. Article 1343, it states that if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1344, it gives distinction between the causal and incidental fraud’s effect: 1. Causal - annulment with damages 2. Incidental - damages Article 1345-1346 It talks about the parties when parties entered in to a contract even though they did not intend to be bound at all or if they concealed it. Article 1347-1349: Object Article 1347-1348, states that an object is also an essential element of a valid contract and also the subject matter (may be all of the things, rights, or services can be the object of a contract). The exception is if it is intransmissible, things outside the commerce of a person, impossible things or services, future inheritance, and indeterminate objects. Article 1349, gives enlightenment that an object of a contract must be determinate or at least determinable. Article 1354-1355: Cause In these articles, the meaning of cause; that is the purpose why parties entered into a contract. Also, motive was also mentioned to know the difference of it in a cause, where a motive is purely based on a personal or private reason. Cause of contracts such as the absence, failure, illegality, and falsity of cause, and lesion are also mentioned to know the effects of each. Thank you, Atty.
Capillo, Aiberlyn C. IBSA-A PNC Good Day atty, summary of my learnings from this video are as follows: Chapter 2- Essential Requisites of Contracts Article 1318- Contract’s requisites are the following: Consent of the contracting parties, Object certain which is the subject matte of the contract, and cause of obligation which is established. Section 1- Consent Article 1319- This article defines consent which means that, the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of one contracting party with than of another or others, upon the object and terms of the contracts. On the other hand, “offer” is the proposal made by one party to another, indicating a willingness to enter into a contract. In addition, “acceptance” is the manifestation by the offerree of his assent to all the terms of the offer. Article 1320- An express acceptance may be oral or written while an implied acceptance is inferred from act or conduct. Article 1321- Discussed that the one who is offering has the right to choose the time, place, and manner of acceptance, all of which must be complied with. Article 1322- Acceptance must be communicated to the offerrer and it can be either express or implied subject to the terms of the offer. On the other hand, an agent is considered as an extension of the personality of his principal. Article 1323- Discussed that even if the offer is not withdrawn, its acceptance will not produce a meeting of minds in case the offer has become already ineffective. Article 1324- When the offerer gives the offeree a certain period which to accept the offer, the offer may be withdrawn as a matter of right at any time before acceptance, the exception is when the option is founded as being paid or promised. Article 1325- Business ads of things for sale are not definite offers acceptance of which will perfect a contract but are merely invitations to the reader to make an offer. Article 1326- Advertisers are not generally the one making the offer in an advertisement for bidders, in reality, the bidders are the ones making the offer which the advertisers are free to accept or reject. Article 1327- Unemancipated minors, insane or demented persons and deaf-mutes who do not know how to write are the persons who cannot give consent to a contract. Article 1328- “Lucid interval” is a temporary period of sanity and contracts entered into during a lucid interval are valid. On the other hand, contracts agreed while in a state of drunkenness or during a hypnotic spell are voidable. Article 1329- Contracts entered into by the persons enumerated in article 1327 are voidable, however, in certain cases, their incapacity may be modified by law, that is, they can also give a valid consent. Article 1330- The contract must be based on the genuine assent of both parties to the contract and the terms thereof. There is no valid consent unless: It is intelligent, it is free and voluntary, and it is conscious or spontaneous. Article 1331- Mistake or error is a false notion of a thing or a fact material to the contract. In order for it to invalidate consent, it should refer to the substance of the thing, which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract. Article 1332- When one of the parties is unable to read or if the contract is in a language not understood by him, the party enforcing the contract is bound to prove that there is no fraud or mistake and that the terms are fully explained to the former. Article 1333- If the party has the knowledge beforehand of the doubt, contingency or risk affecting the object of the contract, it is assumed that he has willing to take chances and therefore, cannot claim mistake. Article 1334- Mistake of law does not invalidate consent because “ignorance of law excuses no one from non-compliance therewith.” Article 1335- Violence means employment of physical force, under this article, the force employed must be either serious or irresistible for a consent to be defective. The following are the requisites for intimidation to vitiate the consent of the party to a contract. 1. It must produce a reasonable and well-grounded fear of an evil. 2. The evil must be imminent and grave 3. The evil must be upon his person or property or that of his spouse, descendants, or ascendants; and 4. It is the reason why he enters the contract. Article 1336- Violence or intimidation may be employed by a third person who did not take part in the contract, for the contract to be annulled or void, it is necessary that the violence/intimidation must be in character required by article 1355. Article 1337- Undue influence ( the influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion) will void a contract. Article 1338- Causal fraud may be committed through insidious words or machinations or by concealment. “insidious words or machinations” include any misinterpretation in words or actions done with a fraudulent purpose. Article 1339- A neglect or failure to communicate or disclose that which party to a contract knows and ought to communicate constitutes concealment, which is equivalent to misinterpretation or false representation. Article 1340- The law does not consider usual exaggerations in trade fraudulent even if known false by the party making them, as amounting to fraud that will affect the validity of the contract. Article 1341- A mere expression of opinion does not signify fraud. In order that it may amount to fraud, the following requisites must be present. 1. It must be made by an expert 2. The other contracting party has relied on the expert’s opinion; and 3. The opinion turned out false or erroneous Article 1342- If the misinterpretation of the third party has created a substantial mistake and the same is mutual, that is, it affects both parties, the contract may be annulled but principally on the ground of mistake. Article 1343- If the misinterpretation is not intentional but made in good faith, it is considered as a mere mistake or error. Article 1344- In order that causal fraud may vitiate consent under this article, the following requisites must be present. 1. It should be serious 2. It should not have been employed by both contracting parties 3. It should not have been known by the other contracting party. Article 1345- “Simulation of a contract” is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. Article 1346- The parties are bound by their real agreement provided it does not prejudice a third person and is not intended for a purpose contrary to law, morals, good customs, public order, or public policy. Section 2- Object of contracts Article 1347- It may be said that the thing, service, or right which is the object of the obligation is also the object of the contract. Article 1348- Impossible things or services cannot be the object of contract. Article 1349- It is sufficient that its is possible to determine the quantity of the object of the contract without the need of a new contract between the parties. Section 3- Cause of Contracts Article 1350- Cause (causa) is the essential reason or purpose which the contracting parties have in view at the time of entering into the contract. Article 1351- Motive is the purely personal or private reason which a party has in entering a contract. Article 1352- Contract without cause confer no right and produce no legal effect whatever. Article 1353- If the cause is false, the contract is rendered void because the same actually does not exist. Article 1354- There is a presumption that the even if the cause is not, expressly stated in the contract, the cause exists and is lawful unless the debtor proves the contrary. Article 1355- Lesion is any damage caused by the fact that the price is unjust or inadequate. As a general rule, lesion or inadequacy of cause does not of itself invalidate a contract. Thank You Atty
Agdefa, Cristine Bernadette Y. 1BSA-B Good day, Atty.! These are my takeaways from this video lecture. The 1st article discussed in the video gives the essential elements of a contract (consent, object and consideration), Natural elements and Accidental elements. Article 1319 gives the definition of consent, offer and acceptance. The next article provides the two forms of acceptance which is express or implied. And, the person who makes the offer has the right to prescribe time, place, and the manner of acceptance according to Article 1321. When offers become ineffectual which can be due to death, insanity, civil interdiction or insolvency of one party was discussed in Article 1323. Article 1324 gives the general rule that offer may be withdrawn at any time before acceptance. Article 1325 and 1326 provides the not definite offers which are in the former, business advertisement and in the latter, advertisement for bidders. Article 1327 talk about the persons who cannot give consent. Article 1328 stated that contract entered during lucid intervals, state of drunkenness or during a hypnotic spell are voidable. Moreover, a contract is voidable if permission is given by mistake, violence, intimidation, undue influence, or fraud, according to Article 1330. A mistake, according to Article 1331, is a misleading perception of a thing or a material fact to the contrary. According to Article 1332, the person enforcing the contract bears the duty of proving that the contract is clearly described to the person who is unable to read or understand the language used. According to Article 1333, if a person is informed of the contract's danger and yet accepts it, it is assumed that he is willing to take a chance or risk, and there are no mistakes. Article 1335 discussed the nature of violence and force and in article 1336 discussed the effect of it in the obligation. Undue influence is defined in Article 1337 as an influence that overpowers a party's thinking and prevents him from behaving rationally. Moving on, article 1338 deals with Causal Fraud, which occurs when one party commits fraud prior to the contract's completion and is the reason why the other party joins into the contract. Article 1339 refers to deception by concealing or failing to disclose facts when there is a legal need to do so. Article 1340-1340 discussed the cases which should not be considered as fraud (According to Article 1340, it is not fraudulent when vendors exaggerate items in order to make sales at the maximum price because this is customary. According to Article 1341, the mere statement of an opinion does not constitute fraud. According to Article 1343, if a deception is committed in good faith, it is considered a simple mistake or error). Article 1344 distinguishes between the effects of Causal and Incidental Fraud. The object is the second fundamental element of a valid contract which is discussed Articles 1347-1248. And last, article 1350 talked about the cause which is the third essential element of a contract. Thank you for this video lecture, Atty.! Have a great day.
Lucaba, Glenda Angela N. 1BSA-A Listed below is the summary of my learnings from in this video. Chapter 2. ESSENTIAL REQUISITES OF CONTRACTS Art. 1318 - Consent must be free and given by someone who is sui juris, or one who has capacity to act. Therefore it must be freely given by the party and must be an intelligent consent, the party must know what he is consenting. Object of a contract must be definite or determinate as to its kind; it must be lawful or it must be within commence of man. It must like wise be possible, and not in any way contrary to good customs, morals, public order or public policy. Cause must be true and licit. A contract with an illicit cause produces no effect whatsoever. Art. 1319 - Consent is giving of one’s conformity to the terms of the contract freely and voluntarily. It is the concurrence of the minds of the parties on the cause and subject matter which will constitute the contract, as well as on the other conditions and terms thereof to which they voluntarily binds themselves to comply. Consent may be expressly or implied. Offer is a proposal made by one party to another to enter into a contract. It is more than an expression of desire or hope. It is a promise to act or to refrain from acting on condition that the terms thereof are accepted by the person to who it is made. Art. 1320 - This article speaks of forms of acceptance of offer which are: express acceptance and implied acceptance. Express acceptance that may be oral or written and implied acceptance that is one that is inferred from the act or conduct. Art. 1321 - The offer to set forth the terms of acceptance. When these terms are set forth, the offeree, should he wish to accept, must comply with the terms of the offeror. Art. 1322 - For a contract to arise, the acceptance must be made known to the offeror. By legal fiction, an agent is considered an extension of the personality of his principal. If duly authorized, the act of the agent is, in law, the act of the principal. Art. 1323 - Even if the offer is not withdrawn, its acceptance will not produce a meeting of the minds in case the offer has already become ineffective because of the death, civil interdiction, insanity, or insolvency of either party before the conveyance of the acceptance to the offeror. Art. 1324 - This article pertain to an offer made to a particular person and the offeree is given a specific period within which to accept the offer. Under this article an offer mey be withdrawn even if the oferree was given a period within wich to accept. Except the offeree has paid a consideration to support the action. Art. 1325 - A definite offer does not contain all the specific particulars needed in a contract. Art. 1326 - Most advertisements are simply invitations to make an offer and are not offers in themselves since not all the necessary terms can fit in the advertisement. Even if the advertisement had all the necessary terms, it’s still an invitation to make offer since there is no definite person to whom the offer is being made. Art. 1327 - Persons who cannot give consent to a contract are unemancipated minors which are minors below 18 years of age. Children below 18 by themselves being minors cannot enter into valid contracts. Insane Or Demented Persons are also one as when a person is insane or demented, his is detached from reality. He does not know what he is doing. He cannot act with legal effects. Lastly are those who are deaf and mutes but not all, only those who do not know how to write are disqualified. Art. 1328 - This article speaks of the effects of lucid interval, drunkenness and hypnotic spell.Lucid interval is the temporary period of sanity. A contract entered into by an insane or demented person during a lucid interval is valid. Drunkenness and hypnotic spell impair the capacity of a person to give intelligent consent. Individual who enters into a contract while he is in a state of drunkenness makes a contract voidable. He who is under hypnotic spell is said to be in varying degrees under control and direction of the hypnotist. Art. 1329 - The persons enumerated under Article 1327 incapacitated to give consent to contracts due to their lack of mental capacity to do so. They are either deaf-mutes, insane or demented. On the other hand, the special disqualifications mentioned in Article 1329 refer to those explicitly disqualified by law from entering certain contracts. Art. 1330 - In order that consent may be sufficient for purposes of contract, it is required, not only that it exists. Aside from the requirement that consent must be manifested by the meeting of the offer and the acceptance (Art. 1319.), there is no valid consent unless: (1) It is intelligent,(2) It is free and voluntary, and; (3) It is conscious or spontaneous. Art. 1331 - Mistake or error is the false notion of a thing or a fact material to the contract. Nature of mistake are identified as, Mistake may be of fact or of law, and mistake contemplated by law is substantial mistake of fact, that is, the party would not have given his consent had he known of the mistake. Hence, not every mistake will vitiate consent and make a contract voidable. Art. 1332 - Article 1332 protects the weak and disadvantage. Under this article the burden of proof is shifted to the stronger party to prove that the terms of the contract were fully explained to the weaker party. Art. 1333 - Knowledge of doubt or risk does not vitiate consent. It is to be assumed here that the party was willing to take the risk. This is particularly true in contracts which re evidently aleatory in nature. Art. 1334 - For the article to apply, the following requisites must be present. However, if there has been a meeting of minds as the object of the contract, the proper remedy is reformation of the instrument. Art. 1335 - Violence is external and requires the employment of physical force which must be serious and irresistible. Art. 1336 - Article 1336 speaks of violence or intimidation by a third person. It is necessary that that the party employing violence must use serious and irresistible force. Intimidation must draw from the person thus intimidated a reasonable or well-grounded fear of suffering an imminent and serious evil on his person or on his property and also on those of his descendants or ascendants. Art. 1337 - This article talks about undue influence wherein the influence must be of a kind that so overpowers and subjugates the mind of a party as to destroy his free agency and make him express the will of another, rather than his own. Art. 1338 - Causal fraud or dolo causante is the fraud employed by one party prior to or simultaneous with the creation of the contract to secure the consent of the other. It is the fraud used by a party to induce the other to enter into a contract without which the latter would not have agreed to, taking into account the circumstances of the case. The fraud must be that which determines or is the essential cause of the contract.
Art. 1339 - A neglect or failure to communicate that which a party to a contract knows and ought to communicate constitutes concealment. In this case, concealment is equivalent to misrepresentation. Silence or concealment by itself does not constitute fraud. The concealment contemplated in Article 1339 presupposes a purpose or design to hide facts which the other party ought to know. Art. 1340 - Usual exaggerations in trade or business known as ” tolerated fraud ” are not fraudulent by themselves when the other party has the opportunity to investigate and know the true facts. Art. 1341 - The opinion of an expert is almost in the same category as a fact, particularly when this expert’s knowledge is relied upon by the other party. Art. 1342 - the misrepresentation of fraud employed by a third person does not vitiate consent, Except when there is a connivance between the third person and one of the contracting parties. And when it has created substantial mistake on both parties. Art. 1343 - The misrepresentation made must be unintentional. Art. 1344 - When there is already a pre-existing contract entered into by the parties and it is a valid one and while one party is performing his obligation, another commits the fraud. Art. 1345 - Simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed (1 Castan 504.) or is different from that which was really executed. Art. 1346 - Absolute simulation is one where the parties do not intend to be bound by the contract. Relative simulation or when the contract entered into by the parties is different from their true agreement or the parties state a false cause in the contract to conceal their real agreement. Section 2. OBJECTS OF CONTRACTS Art. 1347 - Not all rights may be the object of contracts but only transmissible rights. The right to vote which is political in nature, marital rights which are personal, right to receive future support and similar others cannot be the subject of contract being in transmissible rights. While future inheritance is a future thing it cannot be the subject of a contract. The reason is that future inheritance is just an inchoate right which comes into realization only after the death of the predecessor. Its amount cannot be exactly determined until the final settlement of the estate. Art. 1348 - Generally, the impossibility referred to by the law is absolute impossibility. Art. 1349 - Once the object is determinate or a specific thing no need for a new or further agreement between the parties, but when the obligation consists in the delivery of a generic or indeterminate thing, whose Quality and circumstances have not been stated, There is a need of a new or further agreement between the parties. Section 3. CAUSE OF CONTRACT Art. 1350 - Cause is the essential or more proximate purpose which the contracting parties have in view at the time of entering into a contract. Art. 1351 - Motive is the condition of the mind which incites to action and cause is the illegality of which affects the validity of a contract. Art. 1352 - Illegality of cause implies that there is a cause but the same is unlawful or illegal. The cause is unlawful if it is contrary to law, morals, good customs public order, or public policy. Contracts with unlawful cause are also null and void. Art. 1353 - By falsity of cause is meant that the contract states a valid consideration but such statement is not true. A false cause may be erroneous or simulated. The first always produces the inexistence of a contract. Art. 1354 - For the convenience of the parties and of the courts it is better that the cause or consideration be stated in the contract. However, in the event that the contract does not state its cause, the presumption of the law operates that the cause exists and is lawful, unless the debtor proves the contrary. Art. 1355 - Lesion is the inadequacy of cause, like an insufficient price for a thing sold.
AROMIN, MARIA CONCEPCION 1BSA-A article 1318, the three requisites of a contract were enumerated. They are the COC, or consent, object, and consideration. Also, under section 1325, commercial advertisements generally do not define an offer. This is an invitation for readers to submit a quote. In section 1326, advertisements addressed to bidders are not final offers, but rather offers that advertisers can freely accept or reject. The general rule of thumb is that advertisers do not necessarily accept the highest bidder or the lowest bidder, unless otherwise occurs. In addition, article 1327 assumes the ability to give consent. Those who cannot give consent are unliberated minors, lunatics or lunatics, and deaf-mute people who cannot write. The reason for disqualification is that these people can easily become victims of fraud because they cannot understand or know the importance of their actions. Also in Article 1328, the awake interval is a temporary period of being awake and drunk; hypnotism can impair a person’s ability to give intelligent consent. Art. 1330 talks about characteristics of consent. There is no valid consent unless it is intelligent, it is free and voluntary, or it is conscious or spontaneous. The different vices of consent are fraud or deceit, intimidation, violence, undue influence, and error or mistake where it makes the contract voidable. Articke 1331 talks about the effect of mistake of account. A simple mistake does not a contract while the in gross mistake, a party cannot avoid liability on the ground of mistake.Article 1332 talks about burden of proof in case of mistake or fraud, the person enforcing the contract must fully explained the terms to the person who is unable to understand it.Article 1333 states that there is no mistake if the person accepting the contract knew the consequences or the risk affecting the contract.
Claris M. Paligar 1BSA-A This is my summary/ take aways to this topic Article 1318. There is no contract unless the following requisites concur: (1) Consent of the contracting parties; (2) Object certain which is the subject matter of the contract; and (3) Cause of the obligation which is established.[1] CONSENT Article 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. Article 1320. An acceptance may be express or implied. Article 1321. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with. Article 1322. An offer made through an agent is accepted from the time acceptance is communicated to him. Article 1323. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. Article 1324. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised. Article 1325. Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer. Article 1326. Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears. Article 1327. The following cannot give consent to a contracts (1) Unemancipated minors; (2) Insane or demented persons, and deaf-mutes who do not know how to write. Article 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable. Article 1329. The incapacity declared in article 1327 is subject to the modifications determined by law, and is understood to be without prejudice to special disqualifications established in the laws. Article 1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. Article 1331. In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract.
Article 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. Article 1333-There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. It is to be assumed here that the party was willing to take the risk. Article 1334- For the article to apply, the following requisites must be present: The error must be mutual; It must be as to the legal effect of an agreement; and It must frustrate the real purpose of the parties. Article 1335. There is violence when in order to wrest consent, serious or irresistible force is employed. Article 1336. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract. Article 1337. There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. Article 1338. There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to. Article 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud. Article 1340. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. Article 1341. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former’s special knowledge. Article 1342. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual. Article 1344. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. Article 1345. Simulation of a contract may be absolute or relative. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement. Article 1346. An absolutely simulated or fictitious contract is void. A relative simulation, when it does not prejudice a third person and is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement. Article 1347. All things which are not outside the commerce of men, including future things, may be the object of a contract. Article 1348. Impossible things or services cannot be the object of contracts. Article 1349. The object of every contract must be determinate as to its kind. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract, provided it is possible to determine the same, without the need of a new contract between the parties. Article 1350. In onerous contracts the cause is understood to be, for each contracting party, the prestation or promise of a thing or service by the other; in remuneratory ones, the service or benefit which is remunerated; and in contracts of pure beneficence, the mere liberality of the benefactor. Article 1351. The particular motives of the parties in entering into a contract are different from the cause thereof Article 1352. Contracts without cause, or with unlawful cause, produce no effect whatever. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy. Article 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. Article 1354. Although the cause is not stated in the contract, it is presumed that it exists and is lawful, unless the debtor proves the contrary. Article 1355. Except in cases specified by law, lesion or inadequacy of cause shall not invalidate a contract, unless there has been fraud, mistake or undue influence. Some of this is came for the page/article that I read in this link www.google.com/amp/s/jurisdoctor1a.wordpress.com/2019/04/03/chapter-2-essential-requisites-of-contracts/amp/.
Laarni Joy Cabanela 1BSA-A Pamantasan ng Cabuyao Good Day, Atty. Here is the summary of what I have learned in this video. 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. Art. 1320. An acceptance may be express or implied. Art. 1321. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with. Art. 1322. An offer made through an agent is accepted from the time acceptance is communicated to him. Art. 1323. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. Art. 1324. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised. Art. 1325. Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer. Art. 1326. Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears. Art. 1327. The following cannot give consent to a contract: (1) Unemancipated minors; (2) Insane or demented persons, and deaf-mutes who do not know how to write. Art. 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable. Art. 1329. The incapacity declared in Article 1327 is subject to the modifications determined by law, and is understood to be without prejudice to special disqualifications established in the laws. Art. 1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. Art. 1331. In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract. Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. A simple mistake of account shall give rise to its correction. 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. Art. 1333. There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. Art. 1334. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent. 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. Art. 1336. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract. Art. 1337. There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress. Art. 1338. There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to. Art. 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud. Art. 1340. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. Art. 1341. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former's special knowledge. Art. 1342. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual. Art. 1343. Misrepresentation made in good faith is not fraudulent but may constitute error. Art. 1344. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. Incidental fraud only obliges the person employing it to pay damages. Art. 1345. Simulation of a contract may be absolute or relative. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement. Art. 1346. An absolutely simulated or fictitious contract is void. A relative simulation, when it does not prejudice a third person and is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement. 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. Thank you, Atty.
Good day, Sir. Here are my key takeaways after watching the video. • Chapter 2: Essential Requisites of Contracts. -Article 1318 This article states the requisites of a contract which is the Consent, Object, and Consideration. -Classes of elements of a contract 1. Essential 2. Natural 3. Accidental •Section 1: Consent -Article 1319 *Consent - conformity or concurrence of wills and with respect to contracts. *Offer - it is the proposal made by one party to another *Acceptance - Manifestation of the offeree of his asset. *Counter Offer - Rejection of the original offer and an attempt by the parties to enter into a contract. *This article also states that an offer made in jest, anger or when emotionally upset is not a valid offer. -Article 1323 This article discusses that an offer becomes ineffective upon: 1. Death of the offeree 2. Insanity 3. Civil retardation 4. Insolvency of either party. -Article 1324 This is an important provision wherein it talks about 'Option Contract' which means that giving a person for a consideration a certain period within which to accept the offer of the offeror. -This article also tells that a person upon payment of consideration can exercise hia right to accept the offer within a certain period. -General rule: The offer may be withdrawn as a matter of right at any time before acceptance. -Article 1325 * Business advertisements Generally not define offers. -Article 1326 * Bidders General rule: The advertisers is not allowed to accept the highest bidder or the lowest bidder. - Article 1327 * Persons who cannot give consent to a contract: 1. Incapacitated minors 2. Insane 3. Deaf - muted who do not know how to read and write. -Article 1328 Lucid Interval Temporary period of sanity. Wherein when a person is in this state. The insane person regain his sanity, he will be able to differentiate what is real and not. -Article 1330 Characteristics of consent: 1. Intelligent 2. Free and Voluntary 3. Conscious and spontaneous Visces of Consent 1. Fraud or deceit 2. Intimidation 3. Violence 4. Undue or Influence 5. Mistake or error -Article 1331 Mistake - False notion of a thing Mistake of fact - Arise from ignorance Mistake of Law - Substantial mistake of fact. -Article 1332 This article states that whoever the party who tries to enforce the contract then he has the burden to prove that the contract has been well explained. - Article 1335 Violence - Requires the employment of physical force - Article 1336 Violence or intimidation may be employed by a third person. - Article 1338 Causal fraud - Committed by one party before or at the time of the celebration of contract to secure the consent of the other. - Article 1339 Fraud by concealment - It is a failure to disclose facts when there is duty to reveal them. -Article 1340 This article shows that when there is some exaggeration in regards to the quantity of a product then it is not a ground to invalidate a contract. -Article 1341 General rule: A mere expression of an opinion does not signify fraud -Article 1343 Fraud made in good faith If the misrepresentation is not intentional but made in good faith it is considered a mere mistake. Effect: voidable on ground of mistake. -Article 1345-1346 Simulation of contract The act of deliberately deceiving others by feigning by agreement, the appearance of contract which is either non - existent or concealed. Kinds of simulation: Absolute and relative. Section 2 : Object of Contracts Article 1347-1348 Object - the second essential element of valid contracts. It can be things, rights or services. General rule: all things, or services or rights may be the object of contract. Except when it is intransmissible, things outside the commerce of man, Impossible things, Future inheritance and Objects which are not possible of determination. Section 3 : Cause Article 1350 Cause - Essential or more proximate purpose which the contracting parties have in view at the time of entering into the contract. Motive - a motive is not a cause . -purely personal which a party has in entering into a contract.
Azagra, Mark Johndave A. 1 BSA-B Good Afternoon Atty. Here are the summary on what i've learned on this discussion. ARTICLE 1318 • Requisites of Contract. (C,O,C) • Classes of Elements of a Contract. (E,N,A) ARTICLE 1319 • Consent. • Offer. • Acceptance. • Counter-offer. • Offer made in jest, anger and emotionally upset is not valid offer. ARTICLE 1320 • Forms of Acceptance. (E,I) ARTICLE 1321 • Person making the offer. ARTICLE 1322 • Communication of Acceptance. (O,A) ARTICLE 1323 • Offer becomes ineffective. (D,I,C,I) • Other grounds which render offer ineffective. ARTICLE 1324 • Option Contract. • Option Period. • Option Money. • Option ARTICLE 1325 • Business advertisements. ARTICLE 1326 • Bidders. ARTICLE 1327 • Persons who cannot give consent. (U,I,D) • Reasons for Disqualification ARTICLE 1328 • Lucid Interval. • Drunkeness: Hypnotic Spell. ARTICLE 1329 • Modification declared for Incapacity. (N,L,H,A,I,G,M,V) ARTICLE 1330 • Characteristic of Consent. (I,F,V,C,S) • Vices of Consent. (F,I,V,U,M) • Mistake. • Mistake of Fact. • Mistake of Law. ARTICLE 1331 • Mistake Effect. (S,G) ARTICLE 1332 • 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. ARTICLE 1333 • There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. ARTICLE 1334 • Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent. ARTICLE 1335 • Violence. • Requisites of Violence. ARTICLE 1336 • Violence by a third person. • Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract. ARTICLE 1337 • Undue Influence. • There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. ARTICLE 1338 • There is fraud when, through insidious words or machination of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to. ARTICLE 1339 • Fraud by Concealment. • Failure to disclosed facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud. ARTICLE 1340 • The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. • Usual or Tolerant exaggerations in trade. ARTICLE 1341 • A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former’s special knowledge. ARTICLE 1342 • Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual. ARTICLE 1343 • Misrepresentation made in good faith is not fraudulent but may constitute error. If the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. ARTICLE 1344 • In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. Incidental fraud only obliges the person employing it to pay damages. ARTICLE 1345 • Simulation of a contract may be absolute or relative. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement. ARTICLE 1346 • The absolutely simulated or fictitious contract is void. A relative simulation, when it does not prejudice a third person and is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement. ARTICLE 1347 • All things which are not outside the commerce of men, including future things, may be the object of a contract. No contract may be entered into upon future inheritance except in cases expressly authorized by law. ARTICLE 1348 • Impossible things or services cannot be the object of contracts. ARTICLE 1349 • The object of every contract must be determinate as to its kind. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract,provided it is possible to determine the same,without the need of a new contract between the parties. ARTICLE 1350 • In onerous contracts the cause is understood to be, for each contracting party the prestation or promise of a thing or service by the other; in remuneratory ones, the service or benefit which remunerated; and in contracts of pure beneficence, the mere liberality of the benefactor. ARTICLE 1351 • The particular motives of the parties in entering into a contract are different from the cause thereof. ARTICLE 1352 • Contracts without cause, or with unlawful cause, produce no effect whatever. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy. ARTICLE 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. Thank you Atty. and Godbless.
Galuz,Lotus Anne A. 1BSA - A Article 1318 the requisites of a contract and the classes of elements of a contract. Article 1319 discusses about consent. Article 1320 the two forms of acceptance which is the express and implied. Article 1321 the person making the offer has the right to prescribe the time, place and the manner of acceptance. Article 1322 the communication of acceptance. Article 1233 states that an offer is ineffective upon death, civil interdiction, insanity or insolvency of either party before acceptance is conveyed. Article 1324 talks about the option contract. Article 1325 states that business advertisements of things for sale are not definite offers, but mere invitations to make an offer, unless it appears otherwise. Article 1326 states that advertisements for bidders are simply invitations to make proposala and the advertisee is not bound to accept the highest or lowest bidder, unless the contrary appears. Article 1327 talks about the persons who cannot give consent. Article 1328 states that contracts entered in to during a lucid interval is valid while contracts agreed into in a state of drunkenness or during a hypnotic spell are voidable. Article 1329 discusses about the modifications declared for incapacity. Article 1330 states that a contract where consent is given through mistake, violence, intimidation, undue influence or fraud is voidable. It also discusses the characteristics and vices of consent. Article 1331 talks about mistake. Mistake of fact amd mistake of law. Article 1332 states that the person enforcing the contract must show that the terms are fully explained to the parties who is unable to read, or if the person don't understand the language uses in contract. Article 1333 states that there is no mistake if the party had a doubt and is aware on the risk affecting the object of the contract. Article 1334 talks about mutual error. Article 1335 talks about the definition and requisites of violence. Article 1336 speaks about violence or intimidation may be employed by a third person. Article 1337 talks about the meaning of undue influence. This is an influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done. There are circumstances to be considered which are confidentiality and family between the parties, mental weakness, and ignorance. Article 1338 talks about casual fraud which means are committed by one party before or at the time of the celebration of a contract to secure the consent of the other. The requisites of casual fraud are misrepresentation or concealment of a material fact with knowledge of its falsity, it must be serious, it must have been employed by only one of the contracting parties, must be made in bad faith, must have induced the consent of the other contracting party and must be alleged and proved by clear evidence. Article 1339 discussed the meaning of fraud by concealment. It is the failure to disclose facts when there is a duty to reveal them and it is equivalent to misrepresentation or false representation. Article 1340 talks about usual exexaggerations in trade. It is not fraudulent since the seller is normally expected to be exaggerated to make a sale at the highest price possible. Article 1341 speaks about the expression of opinion that does not signify fraud. Article 1342 talks about fraud by a third person. It is presumed that both contracting parties are acting in good faith. Article 1343 talks about fraud made in good faith. Article 1344 discussed the effect of causal and incidental. Article 1345-1346 discussed the simulation of a contract. Article 1347-1348 talks about the concept of object. Article 1349 said that if the quantity is not determinate it shall not be a hindrance to the existence of a contract. Article 1350 Cause or causa is necessary by which the contracting parties have in view at the time of entering into the contracts. Article 1351 Motive occur when private reason which a party has entering into a contract. Article 1352-1353 Requisites of cause 1. It must be occur at the exact time when the contract begin. 2. It must be lawful 3. It must be real Thank you Atty!
Krisha Eunice Rivas 1BSA-A PNC Good day Attorney, here are the summary of what I learned on this video. Chapter 2 ESSENTIAL REQUISITES OF CONTRACTS Article 318- Consent of the contracting parties, Object certain which is the subject matter of the contract and Cause of the obligation which is established are the requisites to form a contract. Article 1319- consent is the conformity or concurrence of wills and with respect to contracts it is the agreement of the will of one acting party with that of another or others upon the object and terms of the contract. offer is a proposal made by one party to another indicating a willingness to enter into a contract it is more than an expression of desirable hope. Acceptance 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. Article 1320- as may be expressed or implied it may be oral or written. Article 1321- the person making the offer have the right to prescribe the time the place and the manner of acceptance all of which must be complied with. So the communication of the offer must be communicated and received by the offeree. Article 1322- an offer made through an agent is accepted from the time acceptance is communicated to him Article 1323- an offer may be revoked or withdrawn at anytime before it is accepted here live by communicating such intention to the other party. Article 1324- option contract is one keeping a person for a consideration a certain period which to accept the offer of the offerer. Option period is the period given within which the offeree must accept the offer. And the option money is the money paid or promised to be paid in consideration for the option. Article 1325- business advertisements of things for sale are not definite offers acceptance of which will perfect a contract but are merely invitations to the reader to make an offer. Article 1326- as a general rule, the advertiser is not bound to accept the highest bidder for the lowest bidder unless the contrary appears. In advertisement for bidders, the advertiser is not the one making the offer so the bitter is the one making the offer which the advertiser is free to accept or reject. Article 1327- unemancipated minors, insane or demented persons, and deaf mutes are the persons who cannot give consent. Article 1328- lucid interval is a temporary period of sanity must be shown that there is a full return of the mind to sanity as to enable him to understand the contract he is entering to. Drunkenness and hypnotic spell or equivalent to temporary insanity because it impairs the capacity of a person to give intelligent consent. Article 1329- other special disqualifications may be provided by law, under the court of rules the following are considered incompetents place under guardianship. a . suffering the accessory penalty civil interdiction b . hospitalized lepers c. prodigals d . death and dumb who are unable to read and write e . those who are of unsound mind even though they have lucid intervals and; f . those who by reason of age, disease, weak mind and other similar causes. Article 1330- there is no valid consent unless: it is intelligent, it is free and voluntary , send it is conscious or spontaneous. Article 1331- mistake or error is the false notion of a thing or a fact material to the contract. So a simple mistake of account for calculation does not avoid a contract because it does not effect its essential requisites. While mistake gross, it was clearly apparent to one party and therefore would be impossible to escape and cannot avoid avoid liability on the ground of mistake in computation. Article 1332- it is the party enforcing the contract who is duty bound to show that there has been no fraud or mistake and that the terms of the contract have been fully explained to the former. Article 1333 - there is no mistake in the party alleging it new the doubt, contingency or affecting the object of the contract. Article 1334- mistake of law is that which arises from an ignorance of some provision of law. Article 1335- violence requires the employment of physical force, it must be either serious or irresistible. Article 1336- it is necessary that the violence or intimidation must be of the character required in Article 1335. Article 1337- undue influence is influence of a kind that so overpowers the mind of a party as to prevent him from acting understanding lee and voluntarily to do what he would have done if he had been left to exercise clearly his own judgment and discretion. To avoid a contract the influence must be and you or improper. Article 1338- in order that strongly enough content, the following requisites must be present: 1.There must be misrepresentation or concealment of a material fact with knowledge of its falsity. 2.It must be serious. 3. It must have been employed by only one of the contracting parties. 4. It must be made in bad faith 5.It must have induced the consent of the other contracting party . 6. it must be alleged by clear and convincing evidence. Article 1339- an egg like or failure to communicate or disclose that which a party to a contract knows and ought to communicate constitutes concealment. Article 1340- dealer's talk or trader's talk are representation which do not appear on the face of the contract and these do not bind either party. Article 1341- the representation must refer to facts not opinions. Article 1342- temptation by a third person does not betray consent, unless such misrepresentation has created substantial mistake and the same is mutual. Article 1343- misrepresentation made in good faith is no fraudulent but may constitute error . Article 1344- the two kinds of fraud in the making of the contracts are the; causal fraud and the incidental fraud . Article 1345- simulation of a contract may be absolute or relative Article 1346- simulation of a contract is the act of jellyfish weekly deceiving others, by pretending in the agreement Section 2. Objects of Contracts Article 1347- the object of a contract is its subject matter. Article 1348- impossible things or services cannot be the object of contracts . Article 1349- the object of a contract must be determinate at to its kind or at least determinable without the necessity of a new or farther agreement between the parties . Section 3. Period Cause of Contracts Article 1350- cause is the essential reason or purpose which the contracting parties have in view at the time of entry into the contract. Article 1351- motive in the purely personal or private reason which a party has in entering into a contract. It is different from the cost of the contract . Article 1352- the cause must be exist at the time the contract is entered into, it must be lawful and it must be true or real. Article 1354- the presumption in the cause stated in the contract that it is is lawful unless the debtor proves the contrary . Article 1355 -lesion is any damage caused by the fact that the price is unjust or inadequate. The general rule that it does not invalidate a contract. THANK YOU!!!
Azada, Leonardo Daniel T. 1BSA-A PnC Good day Atty. Here are my key takeaways from this video lecture Chapter 2 Essential Requisites of Contracts. Article 1318: This article states the requisites of a contract and that's the consent, object, and cause. Section 1: Consent Article 1319: Tells about the definition of consent which is the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party. Article 1320: States the different forms of acceptance it could be express or implied. Article 1321: This article tells about the person making the offer and that particular person has the right to prescribe the time, place, and manner of acceptance. Article 1322: Shows the communication of acceptance to the offerer, and to the agent. Article 1323: Offers become ineffective upon death, insanity, civil interdiction, and insolvency of either party. Article 1324: Talks about the option contract and it is giving a person a consideration on a certain period within which to accept the offer of the offerer, aside from that there's also option period and option money in this article. Article 1325: Talks about the business advertisements which is an invitation to the reader to make an offer. Article 1326: This article is about bidders which is the one making the offer which the advertiser is free to accept or reject. Article 1327: Talks about the capacity to give consent are presumed. Article 1328: Talks about the lucid interval and this means a temporary period of sanity. Article 1329: This is about the modifications declared for incapacity and some of these are necessaries, and life, health, and accident insurance Article 1330: Talks about characteristics of consent and they are intelligent, free and voluntary, and conscious and spontaneous. Article 1331: This article talks about the mistake in a contract. Article 1332 - 1334: This is about proving that the contract is well explained and that burden will be received by the person who enforced the contract. If the person is aware of the risk and still accepts it, then the law takes it as a no mistake. Article 1335 - 1336 Talks about violence and it requires the employment of physical force. and this violence may be employed by a third person. Article 1337: States undue influence and circumstances to be considered. Article 1338: This article is about causal fraud and this is committed by one party or at the time of the celebration of a contract to secure the consent of the other. Article 1339 - 1344: Fraud by concealment is the failure to disclose facts when there is the duty to reveal them. Usual exaggeration in trade and a mere expression of opinion is not considered fraud. If it is made by a third person the presumption is that both the contracting parties are acting in good faith. Fraud made in good faith is considered a mere mistake or error. If it is causal fraud the effect would be annulment and damages while in incidental the effect could be the liability for damages. Article 1345 - 1346: Talks about the simulation of contract which is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. The kinds of simulation are absolute simulation and relative simulation. Section 2: Object of Contracts Article 1347 - 1348: Object is the second essential element of a valid contract, and this may be things, rights, or services except in transmissible rights by their nature, or by stipulation, or of provision of law. Article 1349: The fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence. Section 3: Cause Article 1350 - 1351: Cause is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Motive is not a cause and this is the purely personal or private reason which a party has in entering into a contract. Article 1352 - 1355: Cause must exist at the time the contract is entered, it must be lawful, and it must be true or real. The presumption is every contract is presumed to have a cause and it should be valid. The types of causes are the absence or want of cause, failure of cause, illegality of cause, falsity of cause, and lesion.
Ellorda, Rishlene Jane S. 1 BSA-B PNC Below are the knowledge I gained in this video: Chapter 2: Essential Requisites of Contracts Article 1318, there are three requisites of contract- COC (Consent, Object, and Consideration). Classes of Element of a contract- Essential, Natural, and Accidental. Article 1319, it defined the consent that is a conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting parties. Offer, a proposal made by one party to another. Acceptance, manifestation by the offeree of his assent to all the terms of the offer. Counter-offer, rejection of the original offer and an attempt by the party to enter into a contract on a different basis. Article 1320, forms of acceptance- Express and Implied. Article 1321, person making the offer has the right to prescribe the time, place, and the manner of acceptance. Article 1322, communication of acceptance; to the offerer, acceptance must be absolute. to the agent, agent is considered as an extension of personality of thr principal. Article 1323, offer becomes ineffective upon death, insanity, civil interdiction, and insolvency of either party. Article 1324, Option Contract, giving a person for a consideration a certain period within which to accept the offer of the offerer. Option Period, the period given within which the offeree must accept the offer. Option Money, money paid or promised to be paid in consideration for the option. Option, privelege given to the offeree to accept an offer within a certain period. Article 1325, business advertisement, generally are not definite offers. Article 1326, bidders are the one making the offer which the advertiser is free to accept or reject. Article 1327, person who cannot give consent- Unemancipated minors, Insane or demented persons, and Deaf-mutes who do not know how to write. Article 1328, Lucid Interval, temporary period of sanity (The insane person can regain his sanity) Drunkeness; Hypnotic Spell, impair capacity of a person to give intelligent consent. Article 1329, Modifications Declared for Incapacity: Necessaries, Life, Health, and Accident Insurance, Guardian or legal representative, Misinterpresented his age, and Minor voluntarily pays a sum of money ot delivers fungible thing and obligee has spent and consumed it in good faith. Article 1330, characteristic of consent; Intelligent, Free and Voluntary, and Consious and Spontaneous. Article 1331, Mistake, false notion of a thing or a fact material to the contrary. Mistake of fact, arise from ignorance or lack of knowledge. Mistake of Law, is a substantial mistake of fact. Article 1332, the burden to prove that the contract is well explained to the person, who is unable to reaf or cannot understanf the language used, is the person enforcing the contract. Article 1333, if the person is aware about the risk affecting the contract and still accept it, it is presumed that hr is willing to take chances or risk. Therefore, there is no mistake. Article 1337, Undue Influence, is influence of a kind that so overpowers the mind of a party to prevent him from acting understandingly and voluntarily to fo what he would have done if he had been left to exercise freelh his own judgment anf discretion. Article 1338, it defined causal fraud, committed by one party before or at a time of the celebration of contract to secure the consent of the other. Article 1339, Fraud by concealment, failure to disclose facts when there is duty to reveal them. Article 1340, Usual Exaggerations in Trade, it is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible. Article 1343, Fraud made in good faith, if the misinterpretation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1345-1346, Simulation of contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. Two kinds of simulation- Absolute Simulation (fictitous contracts) and Relative Simulation. Article 1347-1348, Object is the second essential elemant of a valid contract. General rule: All things, or services, or rights may be the object of a contract. Article 1349, the fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence. Article 1350, Cause (causa), essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Article 1351, Motive, purely personal or private reason which a party has in entering into a contract. Thank you, Attorney!
Kitzley Mariz C. Oh 1BSA-B Pamantasan ng Cabuyao * These are the summary for each article that I've learned in this lesson video. CHAPTER 2 ESSENTIAL REQUISITES OF A CONTRACT Article 1318 - In this article, I came to know that there must be a Consent, Object, and Consideration, for a contract to transpire. Also, there are classes of elements of a contract. First is the Essential (pertaining to the requisites), where it is subdivided into common and special. Second is the Natural, where a contract is presumed to exist, unless it is expressly stipulated by the contrary, and third is the Accidental, occurring if there was a stipulation for certain reasons such as clarifying, restricting or modifying. The 2 bases of contract is Law and Will. Law requires the essential, presumes the natural and authorizes the natural, while will pertains to the conformance of the parties whether they would accept/deny or reject and establish those elements Article 1319 - talks about Consent as a requisite of a contract. It is about the will of the parties and the agreement of it in respect to the contract. Here states the two factors of a consent, Offer and Acceptance. Offer refers to the proposal of a party to another, where it must be specific, clear and certain. Acceptance is the absolute, unqualified willingness of the other party to conform to the offer. Hence, meeting of minds. Counter-offer on the other hand is when the other party does not accept the original offer and attempt to enter a contract with different standards or basis. Article 1320 - acceptance may be expressed or implied. Expressed, whether it’s in oral or written form, and Implied, when it is inferred from an act or conduct. Article 1321 - here states that the person or party who made the offer has the right to prescribe the time, place, and the manner of acceptance. Article 1322 - refers to a contract involving an agent. The one who offers must be knowledgeable about the acceptance on the other party for a contract to be considered since an Agent is only considered as the extension. For him to be also the principal, the agent must be authorized by the offerer to receive the acceptance. Article 1323 - Aside from the breach, expiration and destruction of the thing due, an offer is considered ineffective if before the acceptance was conveyed, either of the party becomes dead, insane, insolvent or subjected to civil interdiction. Article 1324 - a provision under this article is the Option Contract where the offeree is given a consideration to spare him a certain period to accept the offer. The period given in here is called th Option Period, while Option Money on the other hand, is the money paid or promised to be paid in consideration for this option. Note that within this span of time before acceptance, the offer may be withdrawn. Article 1325 - Advertisement for bidders are just an invitation to make the proposals, but not the offer itself; Thus, Article 1326 states that this does not give advertisers the right to accept the highest or lowest bidder. Article 1327 - Unemancipated minors, deaf-mutes who cannot write, insane/ demented people are not allowed to give consent to a contract. These are defined as the ones who have no capacity in giving consent for the reason that they can easily be victims of fraud. The contrary on the other hand, is already presumed. Article 1328 - Contracts made during a lucid interval is valid. However, if it was agreed in state of drunkenness or hypnotic spell, the contract is therefore voidable. Article 1329 - Refers to the modifications declared for the incapacity. Their consent could be vaild if it concerns Necessaries, Life, Health and Accident Insurance etc. Article 1330 - states the characteristics of the consent. It must be intelligent, Free and Voluntary, and Conscious and Spontaneous. Therefore, if a contract is made through a mistake, violence, threat, undue influence or fraud, then it will be voidable. Article 1331 - refers to the different mistakes that could happen in a contract. Mistake of Fact arises from ignorance, and Mistake of Law is a substantial mistake of a fact. A simple mistake does not invalidate a contract, while Gross Mistake would give an unavoidable liability to the party on the ground of mistake. Article 1332 - The one who enforces the contract has the burden to prove that the contract is certain and is well-explained to the person of other party who is unable to read or understand the language. Article 1333 - Accepting the contract with awareness of the risk is considered NO MISTAKE for it is presumed that he is willing to take the risk or chances. Article 1334 - states that a mistake of law that does not invalidate a consent, for it arises from an ignorance of some provision of law or erroneous interpretation of its meaning, which is not an excuse in compliance. Article 1335 - refers to the presence of violence or threat in order to compel the other party to agree with the offer/contract. There are requisites to consider if there is a threat happening which will void the contract. Article 1336 - in regards with article 1335, this article refers to the involvement of a third person to induce threat or violence to the party which will still annul the obligation despite of not taking part in the contract. Article 1337 - refers to the undue influence to the other party in order to accept the proposal. There are circumstances to be considered in this aspect; (1) confidential, family, spiritual or any relations between parties, (2) Mental weakness, (3) ignorance, and (4) financial distress Article 1338 - pertains to the definition of Causal Fraud and its requisites. It is said that Causal Fraud is committed by one party before the perfection of the contract and is the reason why the other party enters into the contract. Article 1339 - is about the fraud by concealment where false representation or failure of disclosing facts happen despite the duty of revealing or explaining it well. Article 1340 - refers to the usual exaggerations in trade which is not considered fraudulent for it is normal for the sellers to exaggerate and make sale at highest possible prices. One who relies in this exaggeration does so at his own peril. Article 1341 - Involvement of expression of opinion is not considered fraud, as long as it made or relied from an expert, and does not turn out to be false. Article 1342 - is when a fraud is instigated by a third person therefore presumed that both parties are acting in good faith. If the mistake is insubstantial, it won’t annul the contract. Otherwise, it may be annulled principally on the ground of mistake. Article 1343 - If a fraud is made in good faith hence not intentional, it is considered a mistake and is voidable on ground of mistake. Article 1344 - states the effects of two different fraud. If due to a causal fraud, the effects would be annulment of contract and payment of damages, while for incidental fraud, there would only be a liability for damages as an effect. However, if both parties employed fraud, the fraud will neutralize the other, therefore the contract will still be valid. Article 1345 and 1346 - pertains to the occurrence of simulation of a contract where it is deliberately deceiving one by pretending that there is an agreement/contract. There are two types of this, first the Absolute, when the contract is really non-existent, and second, the Relative when the parties enter a contract that is different from the true agreement. SECTION 2 OBJECT OF CONTRACTS Article 1347 and 1348 - states that the object is the second essential element of a valid contract. All the rights, things or services may be the object of a contract. Article 1349 - despite being indeterminate, the quantity of the object of a contract shall not be an obstacle to its existence since it is possible to determine the same without the need of a new contract. Article 1350 - defines Cause (causa) where it is essential or more proximate purpose which were already viewed by the contracting parties during the enter of contracts. Article 1351 - defines Motive where it is the private or personal reason of the party in entering the contract. Article 1352 and 1353 - enumerates the requisites of cause; (1) must exist at the time the contract is entered, (2) lawful (3) true or real Article 1354 and 1355 - here states that every contract is presumed to have a cause. Leading to the discussion of what will happen in case of absence, failure or illegality, falsity and lesion of cause. (a) Absence or want of cause - confers no right and produces no legal effect (b) Failure of cause - does not render the contract void (c) Illegality of cause - contract is void (d) Falsity of cause - contract is void unless there is presented another true and lawful cause. (e) Lesion - does not invalidate contract unless (1) there is fraud, mistake, and undue influence involved, or (2) in cases specified by law.
Lagera, Rinalyn A. PNC 1bsa A Good day atty. Here are my learnings from your video. Article 1318 requisites of contract there are three requisites of contract first consent it is the conformity or concurrence of the wheels and with respect to the contracts next the object and last the consideration. There are elements of a contract number one is essential it is no contract can validly exist regardless of the party's intentions s natural it is presumed to exist in certain contracts section 1: Offer it is the proposal made by one party to another while acceptance is the manifestation by the offeree of his assent to all terms of the offer. Article 1319 counter offer rejection of the original offer and an attempt by the parties to enter into a contract on a different basis Article 1320 there are forms of acceptance first express it is oral or written s is implied it is inferred from act or conduct. Article 1321 person waking the offer has the right to present the time place and the manner of acceptance. Article 1322 there are communication of acceptance. Acceptance must be absolute. To agent agent is considered as an extension of personality of the principal. Article 1323 offer becomes ineffective upon death insanity civil interdiction and insolvency of the party. Article 1324 option contract giving a person for a consideration a certain period within which accepts the offer of the offerer. General rule the offer maybe withdrawn as a matter of right at any time before acceptance. Article 1325 business advertisement generally not defined offers. Article 1327 states hear the capacity to give consent is presumed. There are certain persons who cannot give consent first unemancipated minors, s insane or demented persons third deaf mutes who do not know how to write. Article 1328 lucid interval this is the temporary period of sanity. Drunkenness hypnotic spell can impair the capacity of a person to give intelligent consent. Article 1330 there are characteristics of consent one intelligent - there's capacity to act. S free and voluntary no violence and intimidation and last conscious and spontaneous there is no mistake undue influence or frauds Article 1331 hear it states that mistake is a false notion of thing or a fact material to the contrary. Article 1333 if the person is aware about there is affecting the contract and still accept it it is presumed that he is willing to take chances oras meaning there is no mistake. An article 1335 violence requires the employment of physical force. Article 1337 and you influence is influence of a kind that so overpowers the mind of the party. Article 1338 causal fraud committed by one party before or at that time of the celebration of contract to secure the consent of the other. Article 1339 fraud by concealment it is a failure to disclose facts when there is duty to reveal them. Article 1340 usual exaggeration in trade. It is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible. Article 1341 general rule a mere expression of an opinion does not signify fraud. Article 1342 talks about fraud by 8 third person. Article 1343 it talks about fraud made in good faith meaning if the misinterpretation is not intentional but made in good faith it is considered a near me steak or error. Article 1344 if we say fraud kaushal frog it will annul the contract + damage file in incidental fraud the effect is there is liability for damage. An article 1345 to 1346 there is simulation of a contract is the act of deliberately others by feigning for pretending by agreement. Here there are two kinds of simulation first the absolute simulation it is when the contracts does not really exist and the parties do not intend to be bound at all s is the relative citation when the contract entered into by the parties is different from their true agreement. Section 2 the object article 1347 to 1348 it states here . Object is the second essential element of a valid contract. That's all thank you po 😊
Uy, Joselle Angelu C.
1BSA-A
Pamantasan ng Cabuyao
Good day Atty. Reyes! These are my takeaways in video lecture.
• Article 1318 discusses the requisites of a contract and the ckasses of elements of a contract.
• Article 1319 discusses about consent. The definition of consent, offee, acceptance and counter-offer.
• Article 1320 talks about the two forms of acceptance which is the express and implied.
• Article 1321 talks about the person making the offer has the right to prescribe the time, place and the manner of acceptance.
• Article 1322 discusses about the communication of acceptance.
• Article 1233 states that an offer is ineffective upon death, civil interdiction, insanity or insolvency of either party before acceptance is conveyed.
• Article 1324 talks about the option contract.
• Article 1325 states that business advertisements of things for sale are not definite offers, but mere invitations to make an offer, unless it appears otherwise.
• Article 1326 states that advertisements for bidders are simply invitations to make proposala and the advertisee is not bound to accept the highest or lowest bidder, unless the contrary appears.
• Article 1327 talks about the persons who cannot give consent.
• Article 1328 states that contracts entered in to during a lucid interval is valid while contracts agreed into in a state of drunkenness or during a hypnotic spell are voidable.
• Article 1329 discusses about the modifications declared for incapacity.
• Article 1330 states that a contract where consent is given through mistake, violence, intimidation, undue influence or fraud is voidable. It also discusses the characteristics and vices of consent.
• Article 1331 talks about mistake. Mistake of fact amd mistake of law.
• Article 1332 states that the person enforcing the contract must show that the terms are fully explained to the parties who is unable to read, or if the person don't understand the language uses in contract.
• Article 1333 states that there is no mistake if the party had a doubt and is aware on the risk affecting the object of the contract.
• Article 1334 talks about mutual error.
• Article 1342 talks about fraud by a third person.
• Article 1343 states that misinterpretation made in good faith is not fraudulent but may constitute error.
• Article 1344 states that if fraud is employed by both parties, neither may ask for annulment as the fraud of one neutralizes that of the other.
• Article 1345 and 1346 discusses about the simulation of contract. Also the kinds of simulation which is the absolute amd relative.
• Article 1347 and 1348 states that all things, services aand rights may be the object of a contract unless it is :
1)an intransmissible rights by nature, by stipulation or provisons of law
2) a thing outside the commerce of man
3) an impossible thing or service
4) a future inheritance except in cases expressly authorized by law
5) an object which are not possible of determination as ro their kind.
• Article 1349 states that the objevt of every contract must be determinate to its kind.
• Article 1350 states the definition of cause as the essential or more proximate purpose which contracting parties have in view at the time of entering into the contracts
• Article 1351 states the definition of motive as the purely personal or private reason which a party has in entering into a contract.
• Article 1352 discusses the requisites of cause which are 1) must exist at the time the contract is entered, 2) must be lawful and 3) must be true or real.
• Article 1353-1355 states that every contract is presumed to have a cause and it must be valid. Also discusses the different cause of contracts.
Leann Rain E. Meriño
1BSA-A
Pamantasan ng Cabuyao
Good day Atty! these are my key takeaways from the video lecture.
(Article 1318) talks about the requisites of contract which are COC: consent, object, and consideration. It also discusses the classes of elements of a contract. Which are essential, natural, and accidental.
Section 1. Consent
(Article 1319) Discusses the definitions: Consent which is conformity of wills and having respect to contracts and having the agreement of the will of contracting party. Offer which means a proposal made by one party to another and it is said that the offer is not valid if it is made in jest, anger or when emotionally upset. Acceptance is the manifestation made by the offeree of his assent to all certain offers. Counteroffer means to contradict the main offer and attempts by the parties to create a contract with a different basis.
(Article 1320) The forms of acceptance that can be express even if it is oral or written and implied inferred from act or conduct.
(Article 1321) The person making the offer has the freedom to choose the time, place, and manner of acceptance.
(Article 1322) There is the communication of acceptance. Acceptance must be absolute and for the agent, it is considered as an extension of the personality of the principal.
(Article 1323) States the circumstances where the offer becomes ineffective. The offer becomes ineffective upon the death of offeror, insanity, civil interdiction, or an accessory penalty when a person is convicted of a crime with more than 12 years of imprisonment, and insolvency of either both parties.
(Article 1324) Talks about options contracts, option periods, and option money. General rule the offer may be withdrawn as a matter of right at any time before acceptance.
(Article 1325) Business advertisement generally doesn't definite offers but an invitation to the reader to make an offer.
(Article 1326) The advertisement for bidders is not definite offers. The one who makes the offer which the advertiser is free to accept or decline. The general rule is that the advertiser is not bound to accept the highest or lowest bidder unless the contrary appears.
(Article 1327) The capacity to give consent is presumed unless that person is an unemancipated person, insane or demented persons, or deaf-mutes who do not know to write however, if he knows how to write then he is valid to enter a contract. The reason is those persons can be easily victims of fraud.
(Article 1328) talks about lucid interval and drunkenness; hypnotic spell.
(Article 1329) provides the modifications declared of incapacity and the other special disqualifications provided by law.
(Article 1330) The characteristics of consent are intelligent, free and voluntary, and conscious and spontaneous as provided under.
(Article 1331) States that mistake is a false notion of a thing or a fact material to the contrary. A mistake can be simple and gross. Mistake of fact arises from ignorance or lack of knowledge. A mistake of law is a substantial mistake of fact. The effect of a simple mistake does not invalidate a contract while for the gross mistake, the party cannot avoid liability on the ground.
(Article 1332) The person enforcing the contract has the burden to prove that the contract is well explained to the person who is unable to read or cannot understand the language used.
(Article 1333) If the person is knowledgeable about the risk affecting the contract. it is presumed that there is no mistake since it tells that he or she is willing despite of risk.
(Article 1334) Mistake of law defines as the ignorance of some provision of law that can result in the invalidation of consent.
(Article 1335) Talks about violence and its requisites. Violence requires the employment of physical force.
(Article 1336) About violence or intimidation may be employed by a third person.
(Article 1337) Talks about the meaning of undue influence. Undue you influence define as the influence of a kind that has so overpowered the mind of the party able to prevent him from acting understand.
(Article 1338) Talks about causal fraud. It is committed by one party before or at that time of the celebration of a contract to secure the consent of the other. It also tackles the requisites for causal fraud.
(Article 1339) Fraud by concealment occurs when failure to disclose facts when there is a duty to reveal them.
(Article 1340) About usual exaggeration in trade. It is not fraudulent since the seller is normally expected to be exaggerated to make a sale at the highest price possible.
(Article 1341) General rule: a mere expression of an opinion an unidentified as fraud
(Article 1342) Talks about fraud by the third person. It is presumed that both contracting persons must act in good faith. A mistake can be substantial or insubstantial.
(Article 1343) Fraud made in good faith. When misinterpretation is not intentionally nonetheless conducted in a good faith then it can consider a mistake or error.
(Article 1344) provides the effect of causal fraud which is annulment and damages while incidental fraud is a liability for damages.
(Article 1345 to 1346) Talks about the simulation of a contract. It is the act of deliberately deceiving others, by feigning for pretending by agreement. The existent of the contract is not existing or concealed.
Section 2: OBJECT OF CONTRACTS
(Article 1347-1348) About the concept of object. It has the objective of the second essential element of a valid contract. It can be things, rights, or services. As a general rule, all things, or services, or rights may be the object of a contract.
(Article 1349) If the quantity is not determinate, it shall not be a hindrance to the existence of a contract.
SECTION 3 - CAUSE
(Article 1350) About Cause (causa). It is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts.
(Article 1351) Motive is the purely personal or private reason which a party has in entering into a contract.
(Article 1352 - 1353) About the requisites of cause. It must exist at the time the contract is entered, it must be lawful, and it must be true or real.
(Article 1354 - 1355) The presumption in contracts as to cause: Every contract is presumed to have a cause, and the cause is valid.
Thank you for this video lecture, Atty.
Ericka Jane G. Baal
1BSA-A(PnC)
Good day Atty! This is the summary of my learnings as I've watched your video lesson, Essential Requisites of Contracts.
General Provision:
Article 1318 gives the three Requisites of a Contract and they are the (1) Consent (2) Object and (3) Consideration. And also the three classes of elements of a Contract .
Section 1: Consent
In Article 1319, it defines the definition of (1)Consent [freely and voluntary agreeing to the condition of the deal] ; (2) Offer[Proposal made by one party to another] ; (3) Acceptance [agreeing to all of the offer's terms and conditions] ; (4) Counter-Offer [ rejecting of the original offer and enter into a contract on a different basis]. It is said that if an offer was made when someone is emotionally upset does not considered as a Valid offer.
Article 1320 discuss about the two forms of acceptance and they are the Implied and express. Implied can also in oral or written form but it is inferred from act or conduct.
Article 1321 talks about the right of a person making the offer when it comes to the time, place and the manner of acceptance.
Article 1322 discuss about the communication of acceptance to offerer and to an agent.
Article 1323 gives the reason when does an offer can be ineffective and here are the reason: 1. Death 2. Insanity 3. Civil Interdiction 4. Insolvency of either party.
Also, the other grounds which render offer ineffective.
Article 1324 gives the different kinds of Options (a freedom given to the offered to accept an offer within a certain period)
(1) Option Contract
(2) Option Period
(3) Option Money
As a general rule, the offer may be withdrawn as a matter of right at any time before acceptance.
Article 1325- Business advertisment doesn't define any offers, it is just an invitation to the reader to make an offer.
Article 1326- Bidders are the one who makes the offer, and it is up to the advertiser to accept or reject it.
Article 1327- there are persons who has the capacity to give consent but there are some who cannot give consent and they are the Minors, Insane or demented person, and Deaf-mutes the who do not know how to write.
Article 1328- This are the exception for the person who are demented or insane.
(1)Lucid Interval and (2) Drunkenness; Hypnotic Spell
Article 1329 discuss about the modifications declared for incapacity(Necessaries, Life, Health, Accident Insurance, and etc.) and other special disqualifications provided by law (Prodigals,Deaf,Dumb, those who are unsound mind, and etc.)
Article 1330- Gives the characteristics of Consent(Intelligent,Free/voluntary, and Conscious/Spontaneous) and the Five Vices of Consent, they are the:
1. Fraud
2. Intimidation
3. Violence
4. Undue Influence
5. Mistake
Article 1331- Defines the different kinds of Mistake (Mistake of Fact and Mistake of Law). Also, the effect of a simple mistake compare to a Gross mistake which the party cannot avoid liability on the ground of mistake
Article 1332- the person who are enforcing the Contract must have been fully explained when one of the parties is unable to read or cannot understand the language used.
Article 1333- If the person still accept the contract even though he is aware of the risk, it is presumed that there is no mistake and he is willing to take chances or risk.
Article 1334- Just like what we are saying, ignorance of law excuses no one, we should accountable for everything that we did.
Article 1335- gives the Requisites of Intimidation or Threat:
Article 1336- It is said that violence or Intimidation may be employed by a third person.
Article 1337- Indue influence is when a person take advantage his power over the will of another. And the following are the circumstances to be considered if there is an Indue Influence:
1. Confidential, family, spiritual, and etc.
2. Mental Weakness
3. Ignorance
Article 1338- Discuss the Requisites of Causal fraud, and they are:
1. There must be misrepresentation/ concealment of a material fact with knowledge of its falsity.
2. Serious
3. Must be employed by only one of the contracting parties
4. Must be in bad faith
5. Have induced the Consent of the other contracting party
6. Alleged and proved by clear and convincing evidence.
Article 1339- A parties are bound by confidential relations and failed to disclose facts and when there is duty to reveal them, constitutes fraud.
Article 1340- the usual exaggeration in trade is not considered as fraudulent since seller are normally expected to be exaggerated to make sale at highest price as possible.
Article 1341- As a general rule, Expressing of an opinion does not signify fraud. It also discuss the Requisites for exception and they are the:
1. Made by an expert
2. Must relied on the expert's opinion
3. The opinion turned out to be false
Article 1342- Discuss about the effect of an insubstantial mistake compared to substantial mistake which may annul the Contract principally on the ground of mistake.
Article 1343- Any misrepresentation made in good faith is not considered as fraudulent but may constitute an error.
Article 1344- Discuss about the effect of a casual fraud which makes the Contract annulled and subject for damages while Incidental fraud there are only liable for damages.
Article 1345- 1346- Simulation of Contract maybe Absolute or Relative. Absolute simulation is when the parties do not intend to be bound at all and Relative Simulation when the Contract entered into by the parties is different from their true agreement.
Section 2: Objects of Contracts
Article 1347-1348 - It gives the definition of an object and the Requisites of thing as object of Contract.
As a general rule, all things, services, or rights may be the object of Contract but there are still an exception.
Article 1349- The object of every Contract must be determinate as to its kind, the quantity is not determinate shall not be a hindrance to the existence of the contact.
Section 3: Cause
Article 1350- Gives the definition of Cause(causa)
Article 1351- Defines the meaning of Motive which means purely personal or private reason which a party has an entering into a contract.
Article 1352-1353 - Discuss about the three Requisites of Cause and presumption in Contracts as to a cause. Also, it discuss the effect of absence or want of cause, failure of cause, illegality of cause which make Contract to be void, Falsity of cause which makes the Contract also void unless the parties shows that their is another cause which is true and lawful, and lesion.
Annaztacia Ortega
1BSA-A
Good day atty. I learned about Article 1318 Essential Requisites of Contracts. There are 3 Requisites of Contracts these are Consent, Object, and Consideration. There are also elements of contracts. These are Essential, Natural, and Accidental. Moreover, according to Article 1319, consent is a conformity or concurrence of wills and with respect to contract, it is the agreement of the will of the contracting party, and next is the offer which is the proposal made by one party to another, and acceptance which means manifestation by the offeree of his assent to all the terms of the offer and there is also counter-offer which means the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. Hence, in article 1320, 1321 and 1322, the forms of acceptance are express and implied. The person making the offer has the right to prescribe the time, place, and the manner of acceptance. There are communication of acceptance, the offerer which the acceptance must be absolute, and the agent which is considered as an extension of personality of the principal.
In addition, according to article 1323, offer becomes ineffective upon death, insanity, civil interdiction, and insolvency of either party, and other grounds are failure to comply, expiration, and destruction of the thing due. The important general provision of article 1324 are the option contract which means giving a person for a consideration a certain period within which to accept the offer of the offerer, option period which means the period given within which the offeree must accept the offer, and option money which means money paid of promised to be paid in consideration for the option. Options refers to the privilege given to the offeree to accept an offer within a certain period. As a general rule, the offer may be withdrawn as a matter of right at any time before acceptance.
Moreover, according to article 1325, business advertisement generally not define offers. It is an invitation to the reader to make an offer. In article 1326, advertisement for bidders are not definite offers, it is the one making the offer which the advertiser is free to accept or reject. The general rule is the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Also, in article 1327, capacity to give consent is presumed. The persons who cannot give consent are unemancipated minors, insane or demented person, and deaf-mutes who do not know how to write. The reason for disqualification is that these persons may be easily be the victims of fraud as they are not capable of understanding or knowing the import of their actions. Also in article 1328, lucid interval is the temporary period of sanity, drunkenness; hypnotic spell impair the capacity of a person to give intelligent consent.
In addition, according to Article 1329, there are modifications declared for incapacity. These are the Necessaries, Life, health, and Accident Insurance, if entered into a guardian or legal representative, if other party believe the legal capacity of a minor, who misrepresented his age, and minor voluntarily pays a sum of money or delivers fungible thing. There are also characteristics of consent according to article 1330, these are the intelligent, free and voluntary, and concious and spontaneous. There are also vices of consent, one of them is fraud or deceit. Moreover, according to article 1331, mistake which is the false notation of a thing or a fact material to the contrary, mistake of fact, and mistake of law. Also, in Article 1332, the burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, us the person enforcing the contract.
Nikki Janine V. Reyes 1BSA-B
Good day, Attorney!
Through this video, I have learned a lot about the essential requisites of Contracts in which we have three according to Article 1318-- Consent, Object, and Consideration. I have also learned that there are classes of elements of a contract-- essential, natural, and accidental.
In Article 1319, Consent is defined as the concurrence of wills and with respect to contract, it is the agreement of the will of the contracting party. Offer, however, is the proposal made by one party to another. Acceptance is the manifestation by the offeree of his assent to all the terms of the office. The rejection of the original offer is called the counter-offer. An offer is said to be invalid if it is made in jest, anger, or when emotionally upset.
In Article 1320, the different forms of acceptance is discussed in which we have express (oral/written) and implied (inferred from act). Meanwhile, in Article 1321, it is said that the person making the offer has the right to prescribe the time, place, and the manner of acceptance. Article 1322 discusses the communication of acceptance to the offerer which has to be absolute and to the agent which is considered as an extension of personality of the principal. The ineffectivity of the offer is talked about in Article 1323 which is in death, insanity, civil interdiction, and insolvency of either party. There are also other grounds which render offer ineffective. It could be failure to comply with the condition to offer as to time, place and manner, expiration, destruction of the thing due.
In Article 1324, the Option Contract, Option Period, Option Money, and Option is discussed. Articles 1325-1326 talks about business advertisements and bidders being not definite offers.
Article 1327 states that unemancipated minors, insane or demented persons, deaf-mutes who can't read and write cannot give consent. The reasons for the disqualification of those people are discussed in Article 1328.
Article 1329 discusses the modifications declared for incapacity like necessaries, life, health and accident insurance, through legal representative, or misinterpreted age, and others.
In Article 1330, the three characteristics of consent are talked about which are intelligent, free and voluntary, and conscious and spontaneous. The Vices of Consent is also mentioned which are fraud, intimidation, violence, undue influence, and mistake. Articles 1331-1334 further discusses mistake as a vice of consent. Article 1338 is about Causal Fraud which is committed by one party before or at the time of the celebration of a contract.
Article 1345-1346 talks about simulation of a contract and its two kinds-- absolute and relative simulation.
Article 1347-1348 discusses object, the second requisite of contract, which can be things, rights or services. The essential purpose of the parties for entering into the contract is the cause which is discussed in Article 1350.
Gonzales, Karl Wilson M.
1 BSA - A
Pamantasan ng Cabuyao
Good day, Attorney. Here are my key takeaways for this video:
I have learned that the requisites of a contract is Consent, Object and Consideration. There are also different classes of elements of contracts and these are: 1. Essential - no contract can validly exist regardless of the parties' intentions, 2. Natural - presumed to exist in certain contracts, 3. Accidental - particular stipulations, clauses, terms, or conditions established by the parties in their contract. Article 1319 talks about consent which is the conformity of wills and with respect to contracts, it is the agreement of the will of the contracting party. Offer also means that it is a proposal made by one party to another. Acceptance also is the manifestation by the offeree of his assent to all the terms of offer. Acceptance can also be either expressed or implied. The person making the offer may fix the time, place, and manner of acceptance, all of which must be
complied with. The communication of acceptance to the offerer which should be absolute, and to an agent which is considered as an extension of personality of the principal. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party
before acceptance is conveyed. It is also stated that unemancipated minors, insane or demented persons, deaf-mutes who do not know how to write cannot give consent to a contract. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or
during a hypnotic spell are voidable. You can also void a contract which where consent is given through mistake, violence, intimidation, etc. To invalidate consent, the error must be excusable. It must be a real error and not one that could have been avoided by the party
alleging it. A violence shall also extinguish the obligation even though it may have been employed by a third person
who did not take part in the contract. The failure also to disclose facts even though it is your duty to show them constitutes fraud and can be extinguished. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former's special knowledge and misrepresentation made in good faith is not fraudulent but may constitute error. Simulation is the declaration of a fictitious will, deliberately made by agreement of the parties and it should be absolute or relative. 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. As per the object of the contracts, impossible things or services cannot be one because the object of the contract must be determinate of its kind. Article 1352-1353 states that Contracts without cause, or with unlawful cause, produce no effect whatever. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy and that 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.
Malayo, Christine B.
1BSA-A
Pamantasan ng Cabuyao
Good day Atty. After watching your video lecture here are my takeaways:
Article 1318 gives the three essential requisites of contracts (consent, object and consideration) Also this article provide the meaning of the three classes of elements of a contract (Essential, Natural and Accidental)
Article 1319 define consent as a conformity of wills, offer as a proposal made by one party to another, acceptance as the manifestation of offeree and counter-offer as a rejection of the original offer.
Article 1320 define the two forms of acceptance (1) Express as oral/written, (2) Implied as inferred from an act/conduct.
Article 1321 stated that the person who's making the offer has the right to prescribe the time, place and the manner of acceptance.
Article 1322 refers to an offer made through an agent is accepted from the time acceptance is communicated to him.
Article 1323 clearly stated that an offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed.
Article 1324 define option contract, option period, option money and option. As a general rule, the offer may be withdrawn as a matter of right at any time before acceptance.
Article 1325 define business advertisement as an invitation to the reader to make an offer and generally not definite offers.
Article 1326 define bidders as the one making the offer w/c the advertiser is free to accept/reject.
Article 1327 stated the the persons who cannot give consent.
Article 1328 define lucid interval as a temporary period of sanity and drunkenness; hypnotic spell as an impairment to the capacity of a person to give intelligent consent.
Article 1329 gave the five modifications of declared for incapacity and other special disqualifications provided by the law.
Article 1330 gave the three characteristics of consent and the five visces of consent.
Article 1331, in order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract.
Article 1332 clearly stated that 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.
In Article 1333, there is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract.
Article 1334 define mistake of law as arises from an ignorance of some provision of law. The effect was not to invalidate consent and the reason was ignorance of the law excuses no one.
Article 1335 refers to the definition of violence and the requisites of intimidation or threat.
Article 1336 clearly stated that violence or intimidation may be employed by a third person.
Article 1337 stated that there is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress.
Article 1338 gave the definition of causal fraud and its requisites.
Article 1339 define fraud by concealment. Article 1340, the usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. It is the natural tendency for merchants and traders to resort to exaggerations in their attempt to make a sale at the highest price possible.
Article 1341 as a general rule, a mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former’s special knowledge.
Article 1342, misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual.
Article 1343 refers to misrepresentation made in good faith is not fraudulent but may constitute error.
Article 1344 clearly stated that in order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. In this case there is concealment, and it is made in bad faith or with an intent to deceive, and induced to enter into the contract.
Article 1345-1346 define simulation of a contract and its two kinds, absolute and relative simulation.
Article 1347-1348 refers to the object of the contracts and its requisites as well as the general rule, all things or services may be the object of a contract.
Article 1349 stated that the object of every contract must be determinate as to its kind. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract,provided it is possible to determine the same,without the need of a new contract between the parties.
Article 1350 gives the definition of cause or causa. Also, Article 1351 provides for the definition of motive. Article 1352-1353 refers to the three requisites of cause. Article 1354-1355 stated the two presumptions in contracts as to cause.
Thank you Atty.
Rodas, Mary Joy B.
1BSA-B
Pamantasan ng Cabuyao
Thank you Atty. for the lecture vids. Here's my takeaways from the video.
CHAPTER 2: ESSENTIAL REQUISITES OF CONTRACTS
Article 1318
Requisites of a Contract
1. Consent
2. Object
3. Consideration
CLASSES OF ELEMENTS OF A CONTRACT
1. Essential
2. Natural
3. Accidental
SECTION 1: CONSENT
Article 1319
Consent- agreement of the will of the contracting party
Offer- proposal made by one party to another
Acceptance
Counter-Offer- rejection of the original offer and attempt of the parties to enter into a contract into different basis
Article 1323
Offers become ineffective upon
1. Death
2. Insanity
3. Civil Interdiction
4. Insolvency of either party
Article 1324
Option Contract- giving a person for a consideration within a certain period
Option Period- period given which the offeree must accept the offer
Option Money- money paid
Option- privelege given to the offeree
Article 1326
The advertisers is not bound to accept the highest bidder or the lowest bidder unless the contrary appears
Article 1327
Persons who cannot give consent
1. Unemancipated minors
2. Insane or demented persons
3. Deaf and mutes who do not know how to write
Article 1329
Modifications Declared for Incapacity
1. Necessaries
2. Life, Health and Accident Insurance
3. Guardian
4. Misinterpreted his age
5. Voluntarily
Article 1330
CHARACTERISTICS OF CONSENT
1. Intelligent
2. Free and Voluntary
3. Conscious and Spontaneous
Article 1331
Mistake- false notion of a thing or a fact material to the contrary.
Mistake of Fact- arises from ignorance or lack of knowledge
Mistake of Law- is a substantial mistake of fact
Article 1333
If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take risks. NO MISTAKE.
Article 1335
Violence- requires the employment of Physical Force
REQUISITES:
1. Reasonable well grounded evil
2. Imminent and grave
3. Upon his person or property or that his spouse, descendants or ascendants
4. It is the reason why he enters into contract
Article 1337
Undue Influence- is influenced of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion.
CIRCUMSTANCE TO BE CONSIDERED
1. Confidential, family, spiritual and other relations between the parties
2. mental weakness
3. ignorance
4. financial distress of the person alleged to have been unduly influenced
Article 1338
Causal Fraud- fraud committed by one party before or at the time of the celebration of the contract to secure the consent of the other.
Causal fraud may be committed through insidious words or machinations or by concealment.
REQUISITES
1. There must be misinterpretation
2. Must be serious
3. Must have been employed by one parties
4. Must be in bad faith
5. Must have induced the consent of other contracting party.
6. Must be alleged and proved by clear and convincing evidence
Article 1339
Fraud by concealment- failure to communicate or disclose that which a party to a contract knows and ought to communicate concealment.
Article 1341
A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former's special knowledge
Art 1342. Misinterpretation made in good faith is not fraudulent but may constitute error.
Article 1344
Causal Fraud- ground for the annulment of contract
Incidental Fraud- only renders the party who employs it liable for damages
Article 1345-1346
Simulation of contract- the act of deliberately deceiving others
KINDS OF SIMULATION
1. Absolute simulation- contract doesn't exist and parties do not intend to be bound at all
2. Relative simulation- contract entered into by the parties is different from their true agreement.
SECTION 2: OBJECT OF CONTRACTS
Objection of a contract is its subject matter.
RIGHTS AS OBJECT OF CONTRACT
1. Outside the commerce of men
2. Impossible, physically or legally
3. Determinable things
4. Future things or rights
SECTION 3: CAUSE OF CONTRACTS
Classification of contracts according to cause
1. Onerous
2. Remuneratory
3. Gratuitous
Article 1354
Lesion or inadequacy of cause does not of itself invalidate a contract
Aliah Greicel E. Lacanilao
1BSA-A
Pamantasan ng Cabuyao
Summary of my learnings:
Requisites of a Contract:
1. Consent 2. Object 3. Consideration
Classes of Elements of a Contract
1. Essential - no contract can validly exist
2. Natural - presumed to exist
3. Accidental - particular stipulations by the parties
•Consent - conformity or concurrence of wills/agreement
•Offer - proposal made by one party to another
•Acceptance - manifestation by the offeree of his assent to all the terms of the offer
•Counter-offer - rejection of the original offer and attempt to enter into a different contract.
*Offer made in jest, anger, or emotionally upset is not valid.
Forms of Acceptance:
1. Express 2. Implied
* The person making the offer has the right to prescribe the time, place, and the manner of acceptance.
•Option Contract - giving a person a consideration for a certain period within which to accept the offe
•Option Period - period given which offeree must accept the offer
•Option Money - paid or promised to be paid in consideration for the option
•Option - privilege given to the offeree to accept an offer within a certain period
Business advertisements
- generally not definite offers
- invitation to make offer
Bidders
- one making the offer which the advertiser is free to accept or reject
*The advertiser is not bound to accept the highest or lowest bidder unless the contrary appears
• Capacity to give consent is presumed.
Persons who cannot give consent:
1. Unemancipated minors
2. Insane or demented persons
- Lucid interval (temporary period of sanity)
- drunkenness; hypnotic spell - impair the capacity of a person to give intelligent consent
3. Deaf-mues who do not know how to read and write
Modifications Declared for Incapacity:
1. Necessaries - when sold and delivered to a person with no capacity to act, he must still pay a reasonable price
2. Life, health, and accident insurance - beneficiary must be the minor's estate
3. If entered into a guardian or legal representative
4. If the other party believe the legal capacity of a minor, who misrepresented his age
5. Minor voluntarily pays a sum of money or delivers fungible thing and obligee has spent and consumed it in good faith
Other Special Disqualifications Provided by Law:
1. Persons suffering the accessory penalty civil interdiction
2. Hospitalized lepers
3. Prodigals
4. Deaf and dumb
5. Those who are unsound mind
6. Those who by reason of age, disease, weak mind cannot take care of themselves
Vices of Consent:
1. Fraud or Deceit
2. Intimidation or Threat or Duress
3. Violence or Force
4. Undue Influence
5. Mistake or Error
•Mistake - false notion of thing
•Mistake of Fact - arises from ignorance or lack of knowledge
•Mistake of Law - substantial mistake of fact
*Mistake can be simple (does not invalidate contract) or gross (party cannot avoid liability on the ground of mistake)
*The burden to prove that the contract is well explained to the person who is unable to read or understand the language used is the person enforcing the contract.
*If the person is aware about the risk affecting the contract and still accepts it, he is presumed to be willing and therefore, there is no mistake.
•Undue influence - overpowers the mind of a party as to prevent him from acting freely on his own will
•Causal fraud - committed by one of the party before or at the time of the celebration of contract to secure the consent of the other
• Fraud by concealment - failure to disclose facts when there is duty to reveal them
- equivalent to false representation
•Usual exaggerations in trade - not fraudulent
*A mere expression of an opinion does not signify fraud
•Fraud made in good faith - considered a mere mistake or error
Causal Fraud = annulment + damages
Incidental Fraud = liability for damages
•Simulation of contract - act of deliberately deceiving others by feigning or pretending by agreement, the appearance pf a contract which is either non-existent or concealed.
Kinds of Simulation:
1. Absolute simulation (fictitious contracts) - contract does not really exist
2. Relative simulation - contract is different from their true agreement
*All things, or services, or rights may be the object of a contract except intransmissible.
•Cause (causa) - essential or more proximate purpose
•Motive - purely personal or private reason on entering a contract
*Every contract is presumed to have a cause and the cause is valid.
1. Absence or want of cause = confer no right and produce no legal effect
2. Failure of cause = does not render the contract void
3. Illegality of cause = contract is void
4. Falsity of cause = contract is void, unless the parties show that there is another cause which is true and lawful
5. Lesion (damage caused by the fact that the price is unjust or inadequate) = does not invalidate contract except when there is fraud, mistake, and undue influece and in cases specified by law
Danica Leene Gabarda
1BSA-A
Pamantasan ng Cabuyao
Good day Atty. Reyes! These are my takeaways in your discussion.
Article 1318 discusses the requisites of a contract and the ckasses of elements of a contract.
Article 1319 discusses about consent. The definition of consent, offee, acceptance and counter-offer.
Article 1320 talks about the two forms of acceptance which is the express and implied.
Article 1321 talks about the person making the offer has the right to prescribe the time, place and the manner of acceptance.
Article 1322 discusses about the communication of acceptance.
Article 1233 states that an offer is ineffective upon death, civil interdiction, insanity or insolvency of either party before acceptance is conveyed.
Article 1324 talks about the option contract.
Article 1325 states that business advertisements of things for sale are not definite offers, but mere invitations to make an offer, unless it appears otherwise.
Article 1326 states that advertisements for bidders are simply invitations to make proposala and the advertisee is not bound to accept the highest or lowest bidder, unless the contrary appears.
Article 1327 talks about the persons who cannot give consent.
Article 1328 states that contracts entered in to during a lucid interval is valid while contracts agreed into in a state of drunkenness or during a hypnotic spell are voidable.
Article 1329 discusses about the modifications declared for incapacity.
Article 1330 states that a contract where consent is given through mistake, violence, intimidation, undue influence or fraud is voidable. It also discusses the characteristics and vices of consent.
Article 1331 talks about mistake. Mistake of fact amd mistake of law.
Article 1332 states that the person enforcing the contract must show that the terms are fully explained to the parties who is unable to read, or if the person don't understand the language uses in contract.
Article 1333 states that there is no mistake if the party had a doubt and is aware on the risk affecting the object of the contract.
Article 1334 talks about mutual error.
Article 1335 talks about the definition and requisites of violence.
Article 1336 states that violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract
Article 1337 talks abput undue influences
Article 1338 talks about Causal fraud and its requisites.
Article 1339 talks about fraud by concealment or failure to disclose facts when there is a duty to reveal them.
Article 1340 states that the usual exaggeration in trade is not fraudulent when the other party had an opportunity to know the facts.
Article 1341 states that a mere expression of an opinion does not signify fraud unless its is made by experts, the other contracting party has relied on the expert's opinion and the opinion turned out to be false or erroneous.
Article 1342 talks about fraud by a third person.
Article 1343 states that misinterpretation made in good faith is not fraudulent but may constitute error.
Article 1344 states that if fraud is employed by both parties, neither may ask for annulment as the fraud of one neutralizes that of the other.
Article 1345 and 1346 discusses about the simulation of contract. Also the kinds of simulation which is the absolute amd relative.
Article 1347 and 1348 states that all things, services aand rights may be the object of a contract unless it is :
1)an intransmissible rights by nature, by stipulation or provisons of law
2) a thing outside the commerce of man
3) an impossible thing or service
4) a future inheritance except in cases expressly authorized by law
5) an object which are not possible of determination as ro their kind.
Article 1349 states that the objevt of every contract must be determinate to its kind.
Article 1350 states the definition of cause as the essential or more proximate purpose which contracting parties have in view at the time of entering into the contracts
Article 1351 states the definition of motive as the purely personal or private reason which a party has in entering into a contract.
Article 1352 discusses the requisites of cause which are 1) must exist at the time the contract is entered, 2) must be lawful and 3) must be true or real.
Article 1353-1355 states that every contract is presumed to have a cause and it must be valid. Also discusses the different cause of contracts.
Castro, King David P.
1BSA-A
Pamantasan ng Cabuyao
Good Day, Atty! Here are the summary of what I have learned in this video lecture.
CHAPTER 2: ESSENTIAL REQUISITES OF CONTRACTS
Requisites of a Contract:
1. Consent
2. Object
3. Consideration
Article 1318 - Classes of Elements of a Contract
1. Essential- no contract can validly exist regardless of the parties' intensions.
2. Natural- presumed to exist in certain contracts.
3. Accidental- particular stipulations, clauses, terms, or conditions established by the parties in their contract.
SECTION 1 - CONSENT
Article 1319
Consent- it is the agreement of the will of the contracting party.
Offer- proposal made by one party to another
Acceptance- manifestation by the office of his assent to all the terms of the offer
Counter-offer- rejection of the original offer and an attempt by the parties to enter into a contract on a different basis
Article 1320
Forms of Acceptance:
1. Express- oral or written
2. Implied- inferred from an act or conduct
Article 1321
Person making the offer
-has the right to prescribe the time, place, and the manner of acceptance.
Article 1322
Communication of Acceptance
-To offerer
-acceptance must be absolute.
-To agent
-agent is considered as an extension of personality of the principal.
Offer becomes ineffective upon:
1. Death
2. Insanity
3. Civil Interdiction
4. Insolvency of either party
Article 1324
Option Contract
-giving a person for a consideration a certain period within which to accept the offer of the offerer.
Option Period
- the period given within which the offeree must accept the offer.
Option Money
- money paid or promised to be paid in consideration for the option.
Option
-privilege given to the offeree to accept an offer within a certain period.
General Rule: The offer may be withdrawn as a matter of right at any time berfore acceptance.
Article 1325
Business Advertisements- generally not define offers
Article 1326
Bidders
-advertisements for bidders are not definite offers
- one making the offer which the advertiser is free to accept or reject
General Rule: The advertise is not bound to accept the highest bidder or the lowest bidder unless the contrary appears.
Article 1327
-Capacity to give consent is presumed.
Persons who cannot give consent:
1. Unemancipated Minors
2. Insane of demented persons
3. Deaf-mutes who do not know how to write
Article 1328
Lucid Interval- temporary period of sanity
Drunkenness; Hypnotic Spell- impair the capacity of a person to give intelligent consent
Article 1329
Modifications of Declared for Incapacity:
1. Necessaries
2. Life, Health, and Accident Insurance
3.If entered into a Guardian or legal representative
4. If other party belive the legal capacity of a minor, who misrepresented his age
5. Minors voluntarily pays a sum of money
Other special disqualifications provided by law:
1. Person suffering the accessory penalty civil interdiction
2. Hospitalized lepers
3. Prodigals
4. Deaf and DUmb
5. Those who are unsound mind
6. Those who by reason of age, disease, weak mind cannot without outside aid, take care of themselves
Article 1330
Characteristics of Consent:
1. Intelligent
2. Free and Voluntary
3. Conscious and Spontaneous
Vices of Consent:
1. Fraud or Deceit
2. Intimidation of Threat or Duress
3. Violence of Force
4. Undue Influence
5. Mistake or Error
Article 1331
Mistake- false notion of a thing or a fact material to the contrary.
Mistake of Fact- arise from ignorance or lack of knowledge.
Mistake of Law- is a substantial mistake of fact
Article 1332
The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract.
Article 1333
If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therfore, there is no mistake.
Article 1335
Violence- requires the employment of physical force
1. Reasonable well grounded civil
2. Imminent and grave
3. Upon his person or property or that his spouse. descendants or ascendants
4. It is the reason why he enters into a contract
Article 1337
Undue Influence
-is the influence of a kind that so overpowers the mid of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion.
Article 1338
Causal Fraud- committed by one of the party before or at the time of the celebration of contract to secure the consent of the other.
Requisites of causal fraud
1. There must be misrepresentation of concealment of a material fact with knowledge of its falsity.
2. It must be serious.
3. It must have been employed by only one of the contracting parties.
4. It must be made in bad faith
5. It must have induced the consent of the other contracting party.
6. It must be alleged and proved by clear and convincing evidence.
Article 1339
Fraud by concealment- failure to disclose facts when there is duty to reveal them. Equivalent to false representation.
Article 1340
Usual exaggerations in trade- it is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible. Any person who relies on said exaggerations does so at his own peril.
Article 1341
General Rule: A mere expression of an opinion does not signify fraud.
Requisites of Exception:
1. It must be made by an expert.
2. The other party has relied on the expert's opinion.
3. The opinion turned out to be false.
Article 1342
Fraued by a third person
-Presumption: Both contracting parties are acting in good faith.
Article 1343
Fraud made in good faith- if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error.
Article 1344
Causal fraud will annul the contract and subject the party liable for damages.
Incidental Fraud will not annul the contract but only the liability for the damages.
Articles 1345-1346
Simulation of a contract- is the act of deliberately deceiving others, by feigning or pretending by agreement, the apperance of a contract which is either non-existent or concealed.
Kinds of simulation:
1. Absolute Simulation(Fictitous Contracts)
2. Relative Simulation
Article 1347-1348
Object- is the second essential element of a valid contract, may be things, rights, or services.
Requisites of thing as an object of a contract:
1. Within the commerce of men
2. Not be legally or physically impossible
3. In existence or capable of coming into existence
4. Either Determinate or Indeterminate
General Rule: All things, services, or rights may be the object of a contract.
Exceptions:
1. Intransmissible rights by their nature, or by stipulation. or of provision of law.
2. Things outside the commerce of men
3. Impossible things or services
4. Future inheritance except in cases expressly authorized by law.
5. Object which are not possible of determination as to their kind.
SECTION 3 - CAUSE
Cause (causa)- essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts.
Motive- the purely personal or private reason which a party has in entering into a contract.
Requisites of Cause:
1. It must exist at the time the contract is entered.
2. It must be lawful.
3. It must be true or real.
Article 1354-1355
Presumption in contracts as to cause:
1. Every contract is presumed to have a cause.
2. The cause is valid.
Thank you Atty, for this video lecture!
Lorenzo, John Derrick I.
1BSA - A
Pamantasan ng Cabuyao
Good Day, Atty! Here are my key takeaways from this video lecture.
Article 1318 Necessary conditions of the contract. There are three necessary conditions for a contract: agreement, goal, and consideration. There are also elements of the contract. These are basic, natural, and accidental. Furthermore, according to article 1319, consent is the agreement or consent of the will. Regarding the contract, it is the consent of the contractor's will, followed by the offer, that is, the proposal made by one of the parties. to the other party, and acceptance means that the recipient agrees to all the terms of the offer, as well as a counter offer, which means rejecting the original offer and the parties trying to enter into a contract on a different basis. Therefore, in articles 1320, 1321 and 1322, the accepted form is express and implicit. The person making the offer has the right to specify the time, place and method of acceptance. Communication commitment, commitment must be an absolute bidder and an agent that is considered an extension of the client's personality.
In addition, in accordance with the provisions of article 1323, the offer is invalid due to death, insanity, civil business suspension, bankruptcy and other reasons for non-compliance, expiration and destruction of expired objects. The important general provision of Article 1324 is the option contract, which refers to giving someone a certain period of consideration to accept the offer from the offeror. The option period refers to the period during which the recipient must accept the offer, and the option money, which means paid or Commitment to be paid as consideration for options. The options refer to the privileges granted to the recipient of the offer to accept the offer within a specified period of time. As a general rule, an offer can be withdrawn as a right at any time before its acceptance.
Also, under section 1325, commercial advertisements generally do not define an offer. This is an invitation for readers to submit a quote. In section 1326, advertisements addressed to bidders are not final offers, but rather offers that advertisers can freely accept or reject. The general rule of thumb is that advertisers do not necessarily accept the highest bidder or the lowest bidder, unless otherwise occurs. In addition, article 1327 assumes the ability to give consent. Those who cannot give consent are unliberated minors, lunatics or lunatics, and deaf-mute people who cannot write. The reason for disqualification is that these people can easily become victims of fraud because they cannot understand or know the importance of their actions. Also in Article 1328, the awake interval is a temporary period of being awake and drunk; hypnotism can impair a person’s ability to give intelligent consent.
Lastly, according to Article 1329, there are also amendments declared due to disability. These are necessities, life, health and accident insurance, if a legal guardian or representative is hired, if the other party believes in the legal capacity of the minor and misrepresents his or her age, and the minor voluntarily paid a sum of money Or provide alternatives. According to Article 1330, there are also the characteristics of consent, which are intelligent, free and voluntary, conscious and spontaneous. There are also vices of consent, one of which is fraud or deception. In addition, according to Article 1331, an error is a wrong marking of a matter or a major fact, a factual error and a legal error. In addition, in Article 1332, the responsibility to prove to a person who cannot read or understand the language used is the person who executes the contract.
Yaldua, Justine Mae B.
1BSA-A
Pamantasan ng Cabuyao
Good day Atty! To summarize what I have learned from this video lecture, here are my takeaways.
The essential requisites of contract are consent, object, and the cause or consideration of contract. First, consent is a conformity with respect to the contract. Offer is a proposal and acceptance is the manifestation. The offeror may fix the time, place, and manner of acceptance. Form of acceptance may be express or implied. Offer becomes ineffective upon death, insanity, civil interdiction, insolvency, failure to comply, expiration, or destruction of the thing due. There is also an option contract which means the offerer gives a consideration to an offeree. Business advertisements are not consider as an offer because the one making an offer is the bidder in which advertisers may accept or reject. Each and every individual are free to enter and give their consent into a contract. Except those people who are underage (minors), demented person, or illiterate. This is because they can be the victims of fraud. Those people who experience lucid interval can enter into a contract. Mistake or error is a false notion of a thing. It does not vitiate the consent unless the substance of a thing which is the object of contract, those condition have been principally moved one or both parties, identity or qualifications of one parties provided the same was principal cause of contract. Causal fraud may vitiate the consent. Usual exaggeration in trade is not a fraud. Law allows it as customers are expected to take care to their concerns.
Next, the object of a contract is the subject matter. It may be a thing, rights, or services. It must be legal, not impossible, existence, and determinate. Law permits future inheritance in donations by reason of marriage, or partition of property to take effect upon his death. Quantity of object of contract need not to be determinate.
Lastly, the cause of contract is the essential reason or purpose in which contracting parties at time of entering into contract. It must be lawful, exist at time the contract entered into, and real regardless that it is not stated in the contract. Lesion of cause does not invalidate a contract as person willingly enters into it except that there has been fraud, mistake, and undue influence specified by law.
Ranegel Anne R. Miranda
PNC
1 BSA - B
Hello Atty. here are my takeaways for this video lecture. I have learned about the Essential Requisites of a Contract.
GENERAL PROVISION:
Under Article 1318 is the three requisites of a contract which are the consent, object and consideration. There are classes of elements of a contract which is the essential elements, natural elements, and the accidental elements.
SECTION 1: CONSENT.
In Article 1319, consent is defined as the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party. Offer is defined as the proposal made by one party to another. Acceptance is defined as the manifestation by the offeree of his assent to all the terms of the offer. Counter-offer is defined as the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis.
Under Article 1320 are the forms of acceptance (Express and Implied).
In Article 1321, the person making the offer has the right to prescribe the time, place and the manner of the acceptance.
Article 1322 is about the communication of acceptance: to the offerer (the acceptance must be absolute) and to the agent (the agent is considered as an extension of the personality of the principal.
In Article 1323, the offer becomes ineffective upon death, insanity, upon civil interdiction of the offerer or offeree, or upon the insolvency of either party. There are also other grounds which render offer ineffective: 1. There is a failure to comply with the condition to offer as to time, place and manner, 2. Expiration, and 3. Destruction of the thing due.
Article 1324 defined the option contract as a contract or agreement which give a person a consideration for a certain period within which to accept the offer of the offerer. The option period means that the period given within which the offeree must accept the offer. The option money is the money paid or promised to be paid in consideration for the option. The option is defined as the privelege given to the offerer to accept an offer within a certain period. The GENERAL RULE is that the offer may be withdrawn as a matter of right at any time before acceptance.
Under Article 1325 is the business advertisements which is generally not define offer, and it is an invitation to the reader to make an offer.
In Article 1326, the advertisements for bidders are not definite offers. The one making the offer which the advertiser is free to accept or reject. The GENERAL RULE is that the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears.
In Article 1327, the capacity to give consent is presumed. The people who are unemancipated minors, insane or demented persons, deaf-mutes who do not know how to write are the persons who cannot give consent. These persons may be easily be the victims of fraud as they are not capable of understanding or knowing the importance of their actions.
In Article 1328, the lucid interval is the temporary period of sanity. The drunkenness or hypnotic spell is impairing the capacity of a person to give intelligent consent.
Under Article 1329 is the modificationss declared for incapacity. In this article, it is also provided the other special disqualifications that is provided by law.
Under Article 1330, the characteristics of a consent is that it must be intelligent, it is free and voluntary and it is conscious and spontaneous. Also under this article are the vices of consent: fraud or deceit, intimidation or threat or duress, violence or force, undue influence, and the mistake or error.
In Article 1331, mistkae is defined as the false notion of a thing or a fact material to the contrary. The mistake of fake arises from ignorance or lack of knowledge. The mistake of law is a substantial mistake of fact. The mistake can be either simple or gross.
In Article 1332, the burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract.
Under Article 1333, if the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is no mistake.
In Article 1334, the mistake of law arises from an ignorance of some provision of law or from the erroneous interpretation of its meaning. Its effect is that it does not invalidate consent because the ignorance of law excuses no one from compliance therewith.
Under Article 1335, violence is defined as the employmeny of physical force. The requisites of indimidation or threat are: reasonable well grounded evil, imminent and grave, upon his person or property or that his spouse, descendants or ascendants, and it is the reason why he enters into a contract.
In Article 1336, violence or intimidation may be employed by a third person.
Under Article 1337, the undue influence is defined as an influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion.
Article 1338 is about causal fraud. It is committed by one party before or at the time of the celebration of contract to secure the consent of the other. Also under this article are the requisites of causal fraud.
In Article 1339, the fraud by concealment is the failure to disclose facts when there is duty to reveal them and it is equivalent to false representation.
In Article 1340, the usual exaggerations in trade is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible. Any person sho relies on said exaggerations does so at his own peril.
The general rule in Article 1341 is that a mere expression of an opinion does not signify fraud. The requisites for its exception is that it must be made by an expert, the other party has relied on the expert's opinion, and the opinion turned out to be false.
In Article 1342, in fraud by a 5hird person, it is presumed that both contracting parties are acting in good faith.
Under Article 1343 is the fraud made in good faith. If the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Fraud is more serious than mistake which is why the party that is guilty of fraud have a greater liability.
In Article 1344, if the fraud us causal then the effect is annulment of the contract with liability for damages while for an incidental fraud, the effect is only liability for damages.
Under Article 1345 and Article 1346 is the simulation of contract which is defined as the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. Also under this articles are the kinds of simulation: absolute simulation (fictitious contracts) and relative simulation.
SECTION 2: OBJECT OF CONTRACTS.
In Article 1347 and Article 1348, the object is the second essential element of a valid contract and it may be things, rights or services. The requisites of thing as object of contract: it is within the commerce of men, it must not be legally or physically impossible, and in existence or capable of coming into existence. GENERAL RULE is that all things or services or rights may be the object of a conteact EXCEPT: 1. intransmissible rights by their nature or by stipulation or the provision of law, 2. things outside the commerce of man, 3. Impossible things or services, 4. Future inheritance except in cases expressly authorized by law, and 5. Object which are not possible of determination as to their kind.
In Article 1349, when the quantity if not determinate, then it shall not be a hindrance for a contract to come into existence.
SECTION 3: CAUSE.
In Article 1350, cause or causa is essential or more proximatr purpose which the contracting parties have in view at the time of entering into the contracts.
Under Article 1351 is motive which is the purely personal or private reason which a party has in entering into a contract.
In Article 1352 and Article 1353 are the requisites of cause: it must exist at the time the contract is entered, it must be lawful, and it must be true or real.
In Article 1354 and Article 1355, every contract is presumed to have a cause and the cause is valid.
Thank you atty.
Cayabyab, Syra Ellaine B.
1 BSA - B
PNC
Good day, atty! Here are my takeaways from this video.
Firstly, under article 1318, the three requisites of a contract were enumerated. They are the COC, or consent, object, and consideration. Aside from this, the elements of a contract were also grouped into three classes namely essential (basically the most 'essential' because no contract can validly exist without this), natural (these are presumed to exist in certain contracts) and lastly, accidental (which are not naturally one of the elements of a contract however becomes one due to stipulations, clauses, terms, or conditions established by the parties in their contract.
Under section I, we have the consent. This is defined in article 1319 as the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party. Meaning, there is an offer or the proposal made by one party (when made out of jest, anger, or when emotionally upset, an offer is not valid), and of course, acceptance or the manifestation by the offeree of his assent or agreement to all the terms of the offer. Contrary to the former, we also have the counter-offer under article 1319 which is the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis.
Forms of acceptance were discussed under the following article. It could either be express or implied. And, note that when we say implied, it could also be in oral or written form just like the express form, but the difference is that it is inferred from an act or conduct. Next, article 1321 simply stated the right of a person making an offer. It is said that he has the right to prescribe the time, place, and the manner of acceptance.
Now, under the following article which is 1322, it is stated that an acceptance communicated to the offerer makes the acceptance absolute. Also, if the acceptance is communicated to an agent, then, the agent is considered to be an extension of personality of the principal. On the other hand, when does an offer becomes ineffective? It happens upon death, insanity, civil interdiction or an inability/prohibition for a person to perform his civil rights due to being convicted for a crime for example, and lastly, if both parties are insolvent. Aside from these, there are also other grounds where an offer could be ineffective (failure to comply with the condition to offer as to time, place, and manner, expiration, and lastly, destruction of the thing due). All of these were stated under article 1323.
Moving forward, article 1324 introduced option contract which means giving a person for a consideration a certain period within which to accept the offer of the offerer, next option period which is the period given within which the offeree must accept the offer, and lastly, the option money which is the money paid or promised to be paid in consideration for the option. An option is basically a privilege given to the offeree to accept an offer within a certain period. And as a general rule, the offer may be withdrawn as a matter of right at any time before acceptance.
Article 1325 cleared that business advertisements are not generally define offers but it is an invitation to the reader to make an offer. Then, bidders under article 1326 are the ones making the offer which the advertiser is free to accept or reject. As a general rule, the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears.
Furthermore, the capacity to give a consent is always presumed. However, article 1327 listed people who cannot give a consent. There's unemancipated minors (persons under 18 years of age), insane, and deaf-mutes who are illiterate. This is to protect these kind of people from being a victim of fraud or something. But, as we always knew, there are exceptions to every rule. And one of the exceptions to the above article is under the provision of the following which is article 1328. The lucid interval or the temporary period of sanity.
Then, article 1329 enumerated the modifications declared for incapacity and other special disqualifications (for giving consent) provided by law. And now, article 1330 provided the characteristics of a consent. It should be intelligent, free and voluntary, and conscious and spontaneous. There's also the different vices of consent which are FIVUM (fraud, intimidation, violence, undue influence, and mistake). 1331 deals with different kinds of mistake. And, article 1232 is simply stating of who will get the burden of proving that a contract was well explained when the other party is illiterate or speaks of a different language. Then, article 1333 stated that if the person is well aware about the risk affecting a contract and still pursued it, it is then presumed that he's taking the risk.
Additionally, violence and all about it were expressed under article 1335. Its requisites included. The next article simply stated that violence could be employed by a third person. 1337 explained undue influence.
Causal fraud is introduced under the following article which is 1338. Hence, fraud by concealment was discussed on the next article which is 1339. Meanwhile, article 1340 states that the usual exaggerations in trade are not ground to invalidate a contract.
Article 1345 - 1346 discussed different kinds of simulations. We have absolute and relative. Then, we move on to section 2 which is the object of contracts. Article 1347 - 1348. Explained what is object which is the second essential requisite of a valid contract. And then, under the said section were enumerated the requisites of a thing as object of a contract. And as a general rule, all things, or services, or rights, may be the object of a contract. 1350 is about cause, 1351 is about motive. Clearly, motive is not cause. It was more elaborated since article 1352 - 1353 discussed the requisites of a cause. And every contract is presumed to have a cause. That one's stated in article 1354 - 2355.
These are all, Atty. Thank you so much! Hoping and praying for this to help me ace my exam this coming finals. lol asdfghkl. God bless you and your family!
Francisco, Yvonne Lee R.
1 BSA-B
Good day, Atty! Here are some of my notes from this video:
• Article 1318 talks about requisites of a contract and classes of elements of a contract.
Section 1 - Consent
• Article 1319 is about Consent. It is the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party.
• Article 1320 speaks about forms of acceptance.
• Article 1321 - Person making the offer has the right to prescribe the time, place, and the manner of acceptance.
• Article 1322 is about communication of acceptance.
• Article 1323 - Offers becomes ineffective upon: death, insanity, civil interdiction, and insolvency of either party.
• Article 1324 is about Option Contract. Giving a person for a consideration a certain period within which to accept the offer of the offerer.
• Article 1325 is about business advertisements.
• Article 1326 is about bidders.
• Article 1327 - Capacity to give consent is presumed.
• Article 1328 talks about lucid interval. It is a temporary period of sanity.
• Article 1329 is about modification declared for incapacity and other special disqualifications provided by law.
• Article 1330 speaks about the characteristics and vices of consent.
• Article 1331 is about mistake. It is a false notion of a thing or a fact material to the contrary.
• Article 1332 - The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract.
• Article 1333 - If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is no mistake.
• Article 1334 is about mistakes of law.
• Article 1335 talks about violence. It requires the employment of physical force.
• Article 1336 - Violence or intimidation may be employed by a third person.
• Article 1337 speaks about undue influence. It is influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgment and discretion.
• Article 1338 is about Causal Fraud. It is committed by one party before or at the time of the celebration of contact to secure the consent of the other.
• Article 1339 is about Fraud by concealment. It is failure to disclose facts when there is dury to reveal them.
• Article 1340 refers to Usual exaggeration in trade. It is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible.
• Article 1341 - General Rule: A mere expression of an opinion does not signify fraud.
• Article 1342 is about Fraud by a third person. Presumption: both contracting parties are acting in good faith.
• Article 1343 talks about fraud made in good faith. If the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error.
• Article 1344 - When fraud is employed by both parties, neither may ask for annulment as the fraud of one neutralizes that of the other. In such case, the contract is therefore valid.
• Article 1345 - 1346 is about simulation of a contract. It is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed.
SECTION 2 - OBJECT OF CONTRACTS
• Article 1347 - 1348 is about object and its requisites. Object is the second essential element of a valid contract.
• Article 1349 - The fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence. It is sufficient that the object of a contract is possible to determinate as to its kind without the need of a new contract.
SECTION 3 - CAUSE
• Article 1350 talks about Cause (causa). It is essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts.
• Article 1351 is about motive. The purely personal or private reason which a party has in entering into a contract.
• Article 1352 - 1353 speaks about the requisites of cause.
• Article 1354 - 1355 - Presumption in contracts as to cause: (1) Every contract is presumed to have a cause. (2) The cause is valid.
Thank you for this lecture, Atty!
Melendrez, Jonalyn C.
1 BSA-B
Good day Atty.! Here are some of my takeaways from this video lecture:
•Article 1318 talks about the essential requisites of contracts. Consent, object and cause or consideration.
•Consent, according to Article 1319, is the agreement of one contracting party's will with that of another/others, and it is the conformity of wills (offer and acceptance). Take note that the offer must be specific and seriously intended, and the acceptance must be explicit and unconditional.
•Article 1320 states that acceptance may be express in the form of an agreement to pay through oral or written communication, or implied which is determined from an act or behaviour.
•Article 1321 deals with the matters that the offerer has the capacity to decide. The offerer has the right to specify the time, place, and mode of acceptance, and all of which must be complied with.
•The communication of acceptance is covered by Article 1322. To the offerer, acceptance of the offer must be absolute. In terms of the agent, he is regarded as an extension of his principal's personality.
•Article 1323 discusses the offers that become ineffective due to death, insanity, civil interdiction, or insolvency of one party.
•The general rule stipulated in Article 1324 is that an offer may be withdrawn at any moment prior to acceptance.
•Article 1325 pertains to the business advertisements which is generally not definite offers yet are merely invitations to the reader to make an offer.
•Article 1325 refers to business advertisement that are often not precise offers but rather invitations to the reader to make an offer.
• Article 1326 talks about the advertisement for bidders which is also generally not definite offers. The advertiser is not the one who makes the offer in this case. Since the bidder is the one who makes the offer, the advertiser has the option to accept or reject it.
•Article 1327 is all about the persons who cannot give consent.
•Contracts entered into during a lucid interval are valid according to Article 1328. However, contracts agreed in a state of drunkenness are voidable. Lucid Interval means that it is a temporary period of sanity.
•Article 1329 is all about the modifications of the incapacity declared in Article 1327.
•As per Article 1330, a contract is voidable if consent is given by mistake, force, harassment, gross negligence, or fraud.
•Article 1331 defines a mistake as a distinct assumption of a thing or a substantial fact.
•The person enforcing the contract has the burden of establishing that the agreement is clarified to the party who is unable to read or understand the language chosen which is stipulated in Article 1332.
•Article 1333 states that if a person knows of the contract terms' danger but still approves it, it is presumed that he is prepared to take a chance or risk, and there are no mistakes.
•Article 1334 deals with a mistake of law or legal error and its consequences. In most cases, a mistake of law does not invalidate consent since "ignorance of the law excuses no one from compliance therewith".
•Under Article 1335, to deem that the consent is void, the force used must be either severe or irresistible. Thus, this article pertains to the nature of violence or force and intimidation or threat.
•Article 1336 states that violence or intimidation may possibly be employed by a third person.
•In Article 1337, undue influence is a kind that overpowers the mind of a party, to prevent him from acting voluntarily.
•As per Article 1338, Causal Fraud occurs when one part commits fraud in completion of a contract. The requisites of causal fraud is clearly stated in this article.
•When there is a legal requirement to do otherwise, Article 1339 pertains to deception by hiding or omitting to disclose facts.
•Article 1340 mentioned situations that should not be regarded fraudulent.
•A mere statement of an argument doesn't quite constitute fraud, according to Article 1341 general rule.
•Third-party fraud is discussed in Article 1342. There are two mistakes in this article, insubstantial and substantial. Insubstantial does not void the contract. While the term "substantial" refers to the contract's ability to be canceled, primarily due to a mistake.
•If a deception is done in good faith, it is deemed to be a minor mistake, according to Article 1343.
•The distinction of effects of causal and incidental fraud is clearly stated in Article 1344.
•The simulation of a contract is discussed in Articles 1345-1346. Absolute Simulation occurs when a contract does not exist in the first place and the parties do not seek to be obligated in any way. When the parties' contract differs from their genuine agreement, this is known as relative simulation.
•Articles 1347-1349 talks about the object which is known as the second essential element of a contract.
•Article 1350-1355 pertains to the cause (causa) and its requisites.
Thank you so much for this video lecture Atty.!
PACHECO, LIANNE CAMILLE A.
PAMANTASAN NG CABUYAO
1-BSA-A
Good Day, Atty. Reyes! Here are the key takeaways from this video lecture.
Article 1318 states the three requisites of a contract:
1. Consent - conformity or concurrence of wills and concerning contracts, is the agreement of the contracting parties will.
2. Object - subject matter of the contracts
3. Cause - (consideration) the essential reason for the contract
This article also enumerates the classes of elements of a contract:
1. Essential - no contract can validly exist regardless of the parties’ intentions
2. Natural - presumed to exist in certain contracts
3. Accidental - particular stipulations, clauses, terms, or conditions established by the parties in their contract
Article 1319. Explains the meaning of an offer (proposal made by one party to another), acceptance (manifestation by the offeree of his assent to all the terms of the offer), and counter-offer (rejection of the original offer and attempt by the parties to enter into a contract on a different basis). An offer that is made in jest, anger, or when emotionally upset is not valid.
Article 1320. Explains the two forms of acceptance; express - oral or written; implied - (can also be oral or written) inferred from act or conduct.
Article 1321. The person making an offer has the right to prescribe the time, place, and manner of acceptance.
Article 1322. This explains the concept of Communication of Acceptance to the offerer (acceptance must be absolute), and to the agent (agent is considered as an extension of the personality of the principal).
Article 1323. An offer becomes ineffective upon the death of parties, insanity, and civil interdiction. A civil interdiction is an accessory penalty imposed by the court of law when a person is convicted of a crime that is more than twelve years of imprisonment. This is considered as a prohibition to a person to exercise his civil rights.
Article 1324. An option contract is an agreement that gives a person a consideration for a certain period within which to accept the offer of the offerer.
An option period is a period given within which the offeree must accept the offer.
Option money is the money paid or promised to be paid in consideration for the option.
Option refers to the privilege given to the offeree to accept an offer within a certain period.
The offer may be withdrawn as a matter of right at any time before acceptance.
Article 1325. Business Advertisements are not definite offers but an invitation to the readers to make an offer.
Article 1326. Bidders are the ones making the offer which the advertiser is free to accept or reject.
The advertiser is not bound to accept the highest or lowest bidder unless the contrary appears.
Article 1327. The persons who cannot give consent are the unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to write because these persons may easily be the victims of fraud.
Article 1328. Lucid Interval is the temporary period of sanity. Drunkenness and Hypnotic Spell - impair the capacity of a person to give intelligent consent.
Article 1329. Modifications declared for incapacity:
1. Necessaries
2. Life, health, and accident insurance
3. If entered into a guardian or legal representative
4. If the other party believe the legal capacity of a minor, who misrepresented his age
5. Minor voluntarily pays a sum of money
Article 1330. The characteristics of consent are: intelligent, free and voluntary, and conscious and spontaneous.
Article 1331. The mistake is a false notion of a thing or a fact material to the contrary. Mistakes of a fact arise from ignorance or lack of knowledge. A mistake of law is a substantial mistake of fact.
Article 1332. The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract.
Article 1333. If a person is aware of the risks upon entering into a contract and still accepts it, there is no mistake.
Article 1334. Mistake of law arises from ignorance of some provision of law or from the erroneous interpretation of its meaning.
Article 1335. Violence means there is physical force.
Article 1336. Violence or intimidation does not only arise from the two contracting parties but it can also be done by a third person.
Article 1337. Undue influence is an influence of a kind that so overpowers a party's mind to prevent him from acting understandingly and voluntarily to do what he could have done if he had been left to exercise freely his own judgment and discretion.
Article 1338. Causal fraud is committed by one party before or at the time of the celebration of a contract to secure the consent of the other.
Article 1339. Fraud by concealment means that there is a failure to disclose facts when there is a duty to reveal them.
Article 1340. Usual Exaggerations in trade are not considered fraudulent since the seller is normally expected to be exaggerated to make sales at the highest price possible.
Article 1341. General Rule: A mere expression of an opinion does not signify fraud.
Article 1342. Presumption: Both contracting parties are acting in good faith.
Article 1343. Fraud made in good faith is when the misrepresentation is not intentional but made in good faith.
Article 1344. In causal fraud, there is an annulment of contract and payment of damages. In incidental fraud, there’s the only payment of liability for damages.
Article 1345-1346. Simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract that is either non-existent or concealed.
Article 1347-1348. All things, or services, or rights may be the object of a contract.
Article 1349. The object of a contract must be determinate as to its kind or at least determinable without the necessity of a new or further agreement between parties.
Article 1350. Cause or causa is the essential reason or purpose which the contracting parties having in view at the time of entering into the contract.
Article 1351. A motive is a purely personal or private reason which a party has in entering into a contract.
Article 1352-1353. This article states the requisites of cause. A cause must exist at the time the contract is entered into, must be lawful, and must be true or real.
Article 1354. The cause exists and is lawful unless the debtor proves the contrary.
Article 1355. The lesion is any damage caused by the fact that the price is unjust or inadequate.
Thank you so much, Atty. Reyes! God bless and keep safe!
Alyanna Cepe
1 BSA-A
Pamantasan ng Cabuyao
Here are my takeaways in this video:
Art. 1318 talks about the requisites of a contract; (1). Consent, (2). Object, and (3). Consideration. It also talks about the classes of elements in a contract which are (1). Essential, (2) Natural, and (3). Accidental. On the essential requisites of a contract, all contracts must have its essential elements because it is not valid if there is none.
Art. 1319 states that consent is the agreement of parties of the will in a contract while offer is a proposal from one of the contracting parties to the other party. There is also called counter-offer which means rejection of a party to the offer and entering a contract on a different basis. On the other hand, the forms of acceptance can be oral or implied according to Art. 1320.
Art. 1321 says that the person making the offer can prescribe the time, place, and the manner of acceptance. Art. 1322 talks about communication of acceptance. As of Art. 1323, the offer becomes ineffective upon the death, insanity, civil interdiction, and insolvency of the party. There are other grounds which render the offer ineffective.
Art. 1324 explains that option is a privilege given to the person accepting the offer. Contract wherein a person is given consideration on which time he will accept the offer while option period is the time given on which he will accept the offer. Option money is the money paid or will be paid in consideration of the option.
Art. 1325-1326 explains about business advertisements and bidders, and how it is not an offer. Art. 1327 states that the capacity to give consent is presumed and there are persons who cannot give consent which are minors, demented persons, and deaf-mutes who do not know how to write. It is because they can easily be a victim of fraud. According to 1328, there is called a lucid interval which means temporary period of sanity. Also, drunkenness or hypnotic spell impair the capacity of a person to give intelligent consent.
Art. 1329 talks about modifications declared for incapacity, and there are other special disqualifications provided by law. As of Art. 1330, the characteristics of consent are intelligent, free and voluntary, conscious and spontaneous. It also talks about vices of consent.
Art. 1331 states that mistake is a false notion of a thing. There is also what they call mistake of fact, mistake of law. This article also states the effect of mistake.
Art 1332-1336 talks about the burden to prove that a contract is well explained is the person who is enforcing the contract. There is no mistake if the person is aware of the risk affecting the contract and still accepts it, then it is presumed that he is willing to take the risk. The mistake of law is defined with its reason and effect. Violence is also explained with its requisites, and it may be employed by a third person.
Art. 1337-1340 is about undue influence and circumstances to be considered, causal fraud and its requisites, fraud by concealment, and usual exaggeration in trade. According to Art. 1341, a mere expression of an opinion does not signify fraud and there are requites of exception about that.
Art. 1342-1344 is about substantial and insubstantial mistake with its effects, fraud made in good faith, the effect of causal and incidental fraud. Art. 1345-1346 talks about simulation of a contract and its kinds which are absolute simulation, and relative simulation.
Art. 1347-1348 talk about the object as a second essential element of a contract together with the requisites of thing and service as object of contract but it has exceptions. Art. 1349 says that the quantity is not determinate will not be a hindrance for a contract to exist. Art. 1350-1355 talk about the cause or causa, motive, the requisites of cause, presumption in contacts as to cause, and the cause of contracts and its effect.
Bumatay, Ma. Leah B.
1 BSA-A (Pamantasan ng Cabuyao)
Good day, Atty. Here are my takeaways from this video.
In Article 1319, consent is defined as conformity or concurrence of will and with the respect to contracts. Offer is a proposal and acceptance is a manifestation by the offeree of his assent to all the terms of the offer. Rejection of the original offer and attempt by the parties to enter into a contract on different parties is called a counter-offer. There are 2 kinds of acceptance namely express which means oral or written, and implied as inferred from act or conduct. Article 1321 says that the person who makes the offer has the right to prescribe the time, place, and manner of acceptance. Under Article 1323, death, insanity, civil interaction, and insolvency of either party cause where an offer to become ineffective.
In Article 1325, a business advertisement is not an offer but an invitation to the reader to make an offer. As a general rule, the advertisers are not bound to accept the highest bidder or the lowest bidder unless the contrary appears. The persons who cannot give consent are minors who are unemancipated, insane or demented persons, and deaf-mutes who do not know how to write (Article 1327). In Article 1329, there is special disqualification provided by law, which are the persons suffering the accessory penalty civil interdiction, hospitalized lepers, prodigals, deaf and dumb, those who are unsound mind, and those who are unsound who because of age, disease, weak mind. Article 1330 explained the 3 characteristics of consent which are intelligent (capacity to act), free and voluntary (no violence and intimidation), and conscious and spontaneous (no mistake, undue influence, or fraud). Fraud or deceit, intimidation or threat or duress, violence or force, undue influence, and mistake or error are considered as the vices of consent.
The requisites of intimidation or threat are reasonable, well-grounded evil, imminent and grave, upon his person or property or his spouse, descendants, or ascendants, which is why he enters into a contract (Article 1335). Casual fraud under article 1338 is defined as a committed by one party before or at the time of the celebration of a contract to secure the consent of the other. Fraud by concealment is a failure to disclose facts when there is a duty to reveal them while fraud made in good faith is when it is misinterpreted or not intentional but made by good faith, it is considered a mere mistake or error. Fraud is more serious than a mistake where a guilty party of fraud has a greater liability.
Section 2. Object of contracts.
Article 1347-1348 discussed the meaning of an object which is the 2nd essential element of a valid contract where it may be a thing, right, or service. The requisites of thing as object contract: within the commerce of men; no be legally or physically impossible; in existence or capable of coming into existence; determinate or indeterminate. The requisites of a thing as a subject are just like the requisites of a thing as an object except determinate or indeterminate.
Dacillo, Mia France B.
1BSA-A
Pamantasan ng Cabuyao
Thank you, Attorney. For making a video to fully understand the Contracts- Elements is.
Article 1318. There is no contract unless the following requisites concur:
(1) Consent of the contracting parties;
(2) Object certain which is the subject matter of the contract;
(3) Cause of the obligation which is established.
SECTION 1. CONSENT
Article 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.
Article 1320. An acceptance may be express or implied.
Article 1321. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with.
Article 1322. An offer made through an agent is accepted from the time acceptance is communicated to him.
Article 1323. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed.
Article 1324. When the offer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised.
Article 1325. Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer.
Article 1326. Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears.
Article 1327. The following cannot give consent to a contract:
(1) Unemancipated minors;
(2) Insane or demented persons, and deaf-mutes who do not know how to write.
Article 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable.
Article 1329. The incapacity declared in Article 1327 is subject to the modifications determined by law and is understood to be without prejudice to special disqualifications established in the laws.
Article 1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.
Article 1331. In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract.
Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract.
A simple mistake of account shall give rise to its correction.
Article 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.
Article 1333. There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract.
Article 1334. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent.
Article 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. Article 1338 causal fraud committed by one party before or at that time of the celebration of contract to secure the consent of the other.
Article 1336. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract.
Article 1337. There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness or was ignorant or in financial distress.
Article 1338. There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter a contract which, without them, he would not have agreed to.
Article 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud.
Article 1340. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent.
It is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible.
Article 1341. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former’s special knowledge.
Article 1342. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual.
Article 1343. it talks about fraud made in good faith meaning if the misinterpretation is not intentional but made in good faith it is considered a near me steak or error.
Article 1344. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties.
Incidental fraud only obliges the person employing it to pay damages.
Article 1345-1346. it discuss the simulation of a contract. Simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement. There are kinds of simulation which are absolute simulation and relative simulation.
SECTION 2. OBJECT OF CONTRACTS
Art. 1347- 1348. It talks about object which is the second essential element of a valid contract. It may be things, rights, or services. It also discuss the requisites of thing as object of contract.
Article 1349. The object of every contract must be determinate as to its kind. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract, provided it is possible to determine the same, without the need of a new contract between the parties.
SECTION 3. CAUSE OF CONTRACTS
Article 1350. In onerous contracts the cause is understood to be, for each contracting party, the prestation or promise of a thing or service by the other; in remuneratory ones, the service or benefit which is remunerated; and in contracts of pure beneficence, the mere liberality of the benefactor.
Article 1351. The particular motives of the parties in entering into a contract are different from the cause thereof.
Article 1352-1353 talks about the requirements of the cause which is it must exist at the time the contract is entered, it must be lawful and it must be true or real.
Art. 1354-1355 talks about the presumption of contracts as to cause: every contract is presumed to have a cause, and every cause is valid.
Thank you Atty for this video lecture.
Dela Chica, Beniline D.
Pamantasan ng Cabuyao
1BSA-B
Good day, Atty! Here is my takeaway from this lecture video!
The first article in the video discusses the essential elements of a contract which are the consent, object, and consideration, as well as natural and accidental elements. The terms consent, offer, and acceptance are mentioned in Article 1319 while the two types of acceptance, express and implied, are described in the following article. Furthermore, according to Article 1321, the person who makes the offer has the right to specify the time, place, and mode of acceptance. In Article 1323, it discusses that when offers become ineffective due to death, insanity, civil interdiction, or insolvency of one party. Article 1324 states that an offer may be withdrawn at any time prior to acceptance as a general rule. Articles 1325 and 1326 deal with not definite offers which are the business advertisement and a bidders' advertisement. Persons who are unable to give consent are discussed in Article 1327. Contracts entered during lucid intervals, drunkenness, or during a hypnotic spell are voidable, according to Article 1328. Moreover, according Article 1330, a contract is voidable if consent is granted by mistake, violence, intimidation, undue influence, or fraud. A mistake is a false perception of a thing or a material fact to the contrary as per discussed in Article 1331. Article 1332-1333 - The person enforcing the contract should explain it to a person who is unable to read or understand the language used. And there are no mistakes if the person accepts the offer while understanding the contract's risk. In Article 1334, mistake of law does not invalidate consent because ignorance of the law excuses no one for compliance therewith. The nature of violence and force was addressed in article 1335, and the effect of it on the obligation was discussed in article 1336. Article 1337 defines undue influence as an influence that dominates a party's mind and hinders him from acting reasonably. Meanwhile, article 1338 concerns Causal Fraud, which occurs when one party commits fraud prior to the contract's completion and is the reason for the other party's participation. When there is a legal requirement to do so, Article 1339 refers to deception by concealing or failing to disclose facts. Article 1341 explains that an expert's declaration of an opinion does not constitute fraud unless the other party relied on the former's unique expertise. While Article 1342 discusses fraud made by a third person. A insubstantial mistake does not cause the contract to be canceled, however a substantial mistake can cause the contract to be canceled due to the mistake. Article 1343 explains that a good-faith fraud is considered a simple mistake. Article 1344 specifies the effect of causal fraud, which is the annulment of the contract and the payment of damages by the guilty party, as opposed to the effect of incidental fraud, which is the obligation for damages. Lastly, Article 1345 - 1346 is about simulation of a contract. It is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed.
The second essential requisite of valid contracts, the object, is discussed in section two of this chapter. It can be things, rights, or services. If the object is a thing, it must also meet four requirements: (1) it must be within the scope of human commerce; (2) it must not be legally or physically impossible; (3) it must exist or be capable of existing; and (4) it must be determinate. The general rule in this is that any thing, service, or right can be the object of a contract.
Thank you, Atty for this informative lecture video!
Olaivar, Jayvee D.
1BSA-A
Pamantasan ng Cabuyao
Chapter 2: Essential Requisites of Contracts (Article 1318-1355)
This chapter is divided into the three requisites of a contract according to Article 1318 which are Consent, Object, and Consideration. The article also tackles the different classes of elements of a contract: Essential, Natural, and Accidental. All contracts must have the essential elements otherwise that contract will not exist validly.
Section 1: Consent (Article 1319-1346)
Every contract has required to have the consent of the contracting party, the offer or the proposal, the acceptance of the offer, but as of Article 1319 the offer can be rejected or can be changed, it is called a counter-offer. The acceptance of the offer can be Express (oral or written) or Implied (inferred from the act) as of Article 1320. The offer becomes ineffective in some situations like death, insanity, civil interdiction, and insolvency. According to Article 1324, the offeree has the privilege to have options in accepting the offer these are: 1) option contract, 2) option period, 3) option money. But as the general rule, the offeree has the right to withdraw the offer at any time before acceptance. Some persons cannot give consent according to Article 1327, these are minors, insane persons, and deaf-mutes who cannot read and write. These persons are disqualified to give consent because they can be easily fooled and can be victims of fraud. In Article 1330, there are characteristics of consent, it must be intelligent or has the capacity to act free and voluntary means there's no violence or intimidation happened to the offeree, and conscious and spontaneous. Mistakes are sometimes happened in forming the contract or giving consent, it is divided into Mistake of Fact- ignorance or lack of knowledge and Mistake of Law a substantial mistake of fact. In Articles 1338 to 1344, it talks about a different kind of fraud that can happen in forming a contract: causal fraud, fraud by concealment, fraud by a third person and fraud made in good faith. Causal frauds are resulting in the annulment of the contract and payment for damages, while for incidental fraud the effect is just there is a liability for damages. Article 1345-1346, stated the two kinds of simulation of contracts or deliberately deceiving and pretending the agreement: 1) absolute simulation(fictitious contract), 2) relative simulation(different contract).
Section 2: Object of Contracts (Article 1347-1349)
As of Article 1318, an object is the second element of a valid contract. It can be things, services, and rights. The object should be legally and physically possible, within the commerce of men, and capable in existence. The quantity of an object shall not be a hindrance in the existence of the contract.
Section 3: Cause (Article 1350-1355)
In every contract, there should be the main purpose or the cause of the existence of a contract. The reason of the parties in entering the contract. According to Article 1351, a motive does not mean the cause, it constitutes the personal and private reason of a party in entering into a contract. The cause should be lawful, true, or real, and must exist at the time the contract is entered, unless if not the contract will and can be void.
Ramos, Olivia Melissa P.
1 BSA - A
Pamantasan ng Cabuyao
Good day, Atty! With the help of your provided video here is the summary of my understanding regarding the lesson.
The three essential elements of a contract are consent, object, and consideration. It also looks at the three types of contract elements: necessary, natural, and accidental. In essence, regardless of the parties' intentions, no contract may be legitimate. Natural, on the other hand, is assumed to exist, whereas accidental refers to the parties' specific agreements. The agreement of the contractual party will be characterized as consent. It demonstrates the people's willingness to agree or comply. It also defines the words, defining offer as a proposition made by one person to another and acceptance as the demonstration of his consent to all of the terms of the offer. When emotional distress is deemed unjustifiable, make an offer. Expresses, whether written or oral, give the forms of acceptance. If inferred from an act or behavior, implied. There will be occasions when an offer becomes ineffective due to death, insanity, civil interdiction, or the incapacity of a person to exercise his civil rights, such as when a person is convicted of a civil offence or when either party becomes insolvent. The period during which the other party must accept the offer is known as the option period. As a general rule, the offer may be withdrawn at any moment prior to acceptance as a matter of right. Unless otherwise stated, the advertiser is not obligated to accept the highest or lowest bidder. The capacity to provide permission is inferred unless the individual is an un-emancipated juvenile, an insane or demented person, or a deaf-mute who does not know how to write, as these are the people who are most likely to fall victim to fraud because they are unable to understand the consequences of their acts. The person enforcing the contract has the burden of proof to show that the contract was adequately drafted and described, as mentioned in Article 1332, and if the person is aware of the danger and does not protest, it is considered that he is ready to bear the risk, implying that there is no error. For an item to be utilized as a contract object, it must be within the realm of human trade, not legally or physically impossible, and capable of coming into being. It must also be pre-existing. A cause must exist at the time of the contract's signing, be legal, and be actual. In the absence of cause, it confers no right and has no legal consequences. If there is a failure of cause, the contract will not be legitimate, and if the cause is illegal, the contract will be invalidated.
Thank you and stay safe, Atty.
Arlantico, Mary Rose C.
1 BSA-A
Pamantasan Ng Cabuyao
Good day Atty. Thank you for the video lecture. These are my takeaways from the video.
Article 1318, talks about the requisites of a contract and the classes of elements of a contract. The three requisites of a contract are consent, object, and consideration. On the other hand, there are three classes of elements of a contract such as essential, natural, and accidental. All contracts must have the essential elements otherwise that contract will not exist validly.
SECTION 1: CONSENT
Article 1319, talks about consents the first requisites of a contract, consent is a conformity of wills with respect of contracts and the agreement of the contracting party. Art.1319 also talks about offer which refers to the proposal made by one party to another, acceptance which refers to the manifestation by the offeree of his assent to all the term of the offer, on the other hand, counter-offer is the rejection of the original offer. Offer can be void if it is made in jest, anger, and when the offer is made in emotionally upset.
Article 1320, talks about the different forms of acceptance. It can be either express or implied. Expressed when it is oral or written and implied if it is inferred from act or conduct.
Article 1321, talks about a person making the offer. A person who has the right to prescribe the time, place, and the manner of acceptance.
Article 1322, talks about the communication of acceptance. To the offerer acceptance must be absolute since the agent is considered as an extension of personality of the principal.
Article 1323, talks about the how the offer becomes ineffective. Offer become ineffective if one of the parties died, insane, insolvent, and if it subject to civil interdiction which a person who has an inability or probation to exercise his civil rights.
Article 1324, talks about option contract which is the very important provision of article 1324, and when a person given a consideration to a certain period within which to accept the offer of the offerer. It also called as option period. On the other hand, option money is a money paid or promised to be paid in consideration for the option. Option is a privilege given to the offeree to accept an offer within a specific period of time. As a general rule, offer may be withdrawn as a matter of right at any time before acceptance.
Article 1325, talk about business advertisement which is just an invitation for the reader to make offer but not generally not define offers.
Article 1326, talks about bidders, a person who makes the offer which the advertiser has an option to reject or accept. As a general rule, the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears.
Article 1327, talks about persons who cannot give consent to a contract. If the person is Unemancipated minors, deaf-mutes who cannot write, insane/ demented people are not allowed to give consent to a contract. The reasons for disqualifications is those persons is may be easily be the victims of fraud as they are not capable of understanding or knowing the import of their actions.
Article 1328, is an exception to the art. 1327 in regards to the insane or demented persons. If a contract is made during lucid interval where the insane person will regain his sanity, where he can able to identify which is the real or not, then the contract is valid. However, if the person who will give a consent is in the state of drunkenness and hypnotic spell, then the contract is void.
Article 1329, talks about modification declared for incapacity. There are other reasons why a person cannot enter into a contract or give consent that’s provided by law, if a person is suffering the accessory penalty civil interdiction, if it is hospitalized lepers, prodigals, deaf and dumb, those who are unsound mind, and those who are by reason of age, disease, weak mind cannot contract with a contract without outside aid, take care of themselves.
Article 1330, talks about the characteristics of a consent, it states that a consent must be intelligent which there is a capacity to act, free and voluntary where there will be no form of violence and intimidation, and conscious and spontaneous and where consent doesn’t have a mistake of undue influence or fraud. However, a consent will be voidable if it is made through fraud or deceit, intimidation of threat, violence of force, undue influence, and mistake or error.
Article 1331, define mistake as a false notion of a thing or a fact material to the contrary. There are two different mistakes under the art.1331, mistake of fact which arises from ignorance and mistake law which is a substantial mistake of fact. A simple mistake will not invalidate a contract on the other hand, gross mistake, will give a party a unavoidable liability on the ground of mistake.
Article 1332, talks about a person who tries to enforce a contract which he will have a burden to prove that the contract is well explained to the person who is unable to read or cannot understand the language used.
Article 1333, talks about a person who is aware of the risk of accepting a contract but still he accepted it, then it presumed that there will be no mistake.
Article 1334, talks about a mistake of law which arises from an ignorance of some provision of law, that will not invalidate consent because ignorance of law excuses no one from compliance therewith.
Article 1335, talks about violence which requires a physical force in order for other party to agree to the contract. There are requisites of intimidation or threat, a threat should be reasonable well-grounded evil, imminent and grave and if it is the reason why he enters into a contract.
Article 1336, refers to the involvement of a third person to the violence or intimidation on the art.1335.
Article 1337, talks about undue influence, which is an influence of a kind that affect the mind of the person that prevent him from acting understandingly. There are circumstances that should be considered if there is an undue influence, (1) confidential, family, spiritual or any relations between parties; (2) Mental weakness; (3) ignorance, and (4) financial distress.
Article 1338, refers to the casual fraud which is an important provision under this article and its requisites. A casual fraud is committed by one party before or at the time of the celebration of contract to secure the consent of the other. Requisites of casual fraud are, (1) it must be misrepresentation or concealment of a material fact with knowledge of its falsity; (2) serious; (3) employed by only one of the contracting parties; (4) induced the consent of the other contracting party and (5) alleged and provided by clear and convincing evidence.
Article 1340, talks about usual exaggeration in trade which is not a fraudulent and dealer’s talk or trader talk which is the representations that do not appear on the face of the contract and these do not bind either party.
Article 1343, talks a fraud that is made in good faith which is voidable on the ground of mistake. A fraud is more serious than mistake and if a person is guilty of fraud, then he is subject to a greater liability.
Article 1344, talks about effects of causal and incidental fraud. A casual fraud will take effect by giving an annulment of a contract and a party will be subjected to the liable for damages. On the other hand, incidental mistake will not be ground on annulment of a contracts but only liability for damages.
Article 1345-1346, talks about the simulation of a contract which is an act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existence or concealed. There are two kinds of simulation of a contract it can either be absolute simulation or relative simulation.
SECTION 2: OBJECT OF CONTRACTS
Article 1347-1348, talks about object which is the second essential elements of a valid contract it can be a things, rights, or services. It also states the four requisites of thing as object of contract, (1) it must within the commerce of men; (2) it should not be legally or physically impossible; (3) if it is in existence or capable of coming into existence and (4) if it is determinate. As a general rule of article 1347-1348, all things, services, rights may be the object of a contract. As an exception to the general rule, if it is transmissible rights by nature, or by stipulations, or provision of law. If the things outside the commerce of man, if the things or services is impossible, future inheritance which cannot be the object of a contract and if the object which is not possible of determination as to their kind.
Article 1349, talks about the quantity in a contract which has not been stipulated by the parties, then it is not a hindrance for a contract to come into existence.
SECTION 3: CAUSE
Article 1350, define cause (causa) as an essential which the contracting parties have in view at the time of entering into the contracts.
Article 1351, talks about motive, it is a purely personal reason which a party has in entering into a contract.
Article 1352-1353, gives the requisites of cause that (1) it must exist at the time the contract is entered; (2) must be lawful and (3) must be true or real.
Article 1354-1355, talks about the cause of the contracts and its effect. If there is an absence or want of cause, the confer will have no right and produce no legal effect or the contract will be void. Failure of cause, it does not render the contract as void. Illegality of cause, which the contract is void. Falsity of cause, contract is void when the parties show that the other cause is true and lawful. Lesion, as a general rule it does not invalidate the contract unless when there is fraud, mistake, undue influence and in cases specified by law.
Thank you for the video lecture, Atty. God Bless po
Galang, Leigh Nicole S.
Pamantasan ng Cabuyao
1 BSA - A
Good Day Attorney!
Although a contract is just a piece of paper that you sign to seal the deal, you can still end up in court due to misinterpretation. A poorly written contract is not necessarily the reason a person can face a lawsuit. Even if your contract has been prepared by one of the biggest law firms in the country, it is still not immune to criminal charges if the obligations that are stated have not been fulfilled. There are basic elements in a contract, which need to be present before any deals can be made.
A contract refers to an agreement of two or more contracting parties on a particular venture whereby one person binds himself, with respect to the other, to render services or give something.
The contract must not be obtained through undue influence, coercion, misrepresentation and fraud. As a general rule, the party who has suffered due to breach of contract can claim money damages from the other. The breaching party will also be ordered by the court to perform obligations that are stipulated in the contract.
Contracts cannot completed without the following requisites:
(1) Contracting parties' consent;
(2) subject matter of the contract; and
(3) the cause of the obligation.
The Basic Elements of Contracts
Consent
In general, when a consent is given, the contract is considered perfected. It can be deemed an oral contract that binds both contracting parties. One person must have a definite offer and the other must have an absolute acceptance of the offer.
Object of the Agreement
The subject matter refers to the object of the contract. If a thing is deemed outside the commerce of man, it will not be accepted as the object of the contract. Contracts are made to transfer the rights of property, render services and others. However, the object of the contract must not be contrary to law, good customs, morals and public order.
Consideration
The cause of the contract will be based on the type of contracts. For instance, onerous contract's cause is the promise of service or thing by the other person. Remunatory contract's cause is the benefit or service, which is being remunerated. For contracts of pure beneficence, the cause is the benefactor's liberality. The cause can only be defined based on the nature of the contract.
An oral contract may not suffice even if both parties have made an agreement. A written contract is a strong proof that a deal or agreement has been made. It includes the necessary details that can be used in court when the obligations have not been met.
Padayao, Louisa Marie O.
1BSA-B
Good day, Atty.
I’ve learned from this video lecture about the essential requisites of contracts given its acronym, COC - consent, object, and consideration. There are three classes of elements of a contract: essential requisites are those in which a contract may not validly exist regardless of the parties’ intentions; natural are those presumed to exist in a certain contract, and; accidental in which particular stipulations, clauses, terms, or conditions established by the parties in their contracts.
For the first section of the chapter 2, the concepts of consent had been discussed. A distinction was made with a consent and an offer. Consent is the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party. An offer, on the other hand, is a proposal made by one party to another. Counter-offer is referred to the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. Acceptance is the manifestation by the offeree of his assent to all the terms of the offer. It has two forms given: an express acceptance may be oral or written, and; an implied acceptance is inferred from an act or conduct. If the communication of acceptance is done to an offerer, the acceptance of the offer must be absolute. While if it is made to an agent, he is considered as an extension of personality of the principal.
Offers become ineffective upon four causes: death, insanity, civil interdiction, and insolvency of either party. However, there are also other grounds in which an offer may be ineffective: if there is failure to comply with the condition to offer as to time, place, and manner; the expiration of the period fixed, and; the destruction of the thing due before acceptance.
An option is a privilege given to the offeree to accept an offer within a certain period. There are three concepts under it: an option contract is one giving a person a consideration a certain period within which to accept the offer of the offerer; an option period is the period given within which the offeree must accept the offer, and; an option money is the money paid or promised to be paid in considered for the option. A general rule was given stating that the offer may be withdrawn as a matter of right at any time before acceptance.
In contracts, the capacity to give consent is presumed. However, there are certain exceptions for a person to be able to give consent: unemancipated minors are those who are below the age of 18; insane or demented persons, and; deaf-mutes who do not know how to write, but if a deaf-mute knows, he is capable to give intelligent consent. These disqualifications are made since these persons may easily be the victims of fraud. Given these disqualifications, consents made during lucid interval, which is a temporary period of insanity, is valid while those which are entered in the state of drunkenness or hypnotic spell are voidable since it only impairs the capacity of a person to give intelligent consent.
The three characteristics of consent are: intelligent - there is capacity to act; free and voluntary - no violence and intimidation, and; conscious and spontaneous - no mistake, undue influence, or fraud. Also under this part, the five vices of consent were given. First is error or mistake. A mistake is a false notion of a thing or a fact material to the contrary. It has 2 natures. It could be a mistake of fact which is one that arises from ignorance or lack of knowledge, or a mistake of law which is a substantial mistake of fact. Effects of mistake also differ and may be either simple or one that does not invalidate a contract, or gross or one that a party cannot avoid liability on the ground of mistake. The second vice of consent is violence or force which requires the employment of physical force. Third one is intimidation or threat or duress. It has four requisites given: reasonable well-grounded evil; imminent and grave; upon his person or property or that his spouse, descendants or ascendants, and; it is the reason why he enters into contract. Fourth vice is undue influence which is the influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgment and discretion. The fifth and last vice of consent is fraud or deceit. Causal fraud is one committed by one party before or at the time of the celebration of contact to secure the consent of the other. It has six requisites given: (1) there must be misrepresentation or concealment of a material fact with knowledge of its falsity; (2) it must be serious; (3) it must have been employed by only one of the contracting parties; (4) it must be made in bad faith; (5) it must have induced the consent of the other contracting party, and; (6) it must be alleged and proved by clear and convincing evidence. Fraud by concealment is failure to disclose facts when there is dury to reveal them and is equivalent to false representation. There is a general rule which says that a mere expression of an opinion does not signify fraud. However, there are three requisites for its exception: it must be made by an expert; the other party has relied on the expert’s opinion, and; the opinion turned out to be false.
There is a presumption that both contracting parties are acting in good faith. Fraud made in good faith is when the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Fraud is definitely more serious than mistake; hence, the party guilty of fraud is subject to greater liability.
Simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. There are two kinds of simulation: absolute simulation or fictitious contract is when the contract does not really exist and the parties do not intend to be bound at all, and; relative simulation is when the contract entered into by the parties is different from their true agreement.
The section two of this chapter talks about the second essential requisite of valid contracts, the object. It may be things, rights or services. It also has four requisites if the object is a thing: (1) within the commerce of men; (2) Not be legally or physically impossible; (3) in existence or capable of coming into existence, and; (4) determinate. There is a general rule that all things, or services, or rights may be the object of a contract. However, there are still exceptions to this: intransmissible rights by their nature, or by stipulation, or of provision of law; things outside the commerce of man; impossible things or services; future inheritance except in cases expressly authorized by law, and; object which are not possible of determination as to their kind.
Section 3 is all about the last essential requisite of contracts, the cause or causa. It is essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. It has three requisites: (1) it must exist at the time the contract is entered; (2) it must be lawful, and; (3) it must be true or real.
This video lecture helped me a lot to extend my understanding about the three essential elements of contracts. Thank you again for this, Atty.
Pama, Kershey Anne L.
1BSA-A
I’ve learned that:
In Article 1319, Consent is defined as the concurrence of wills and with respect to contract, it is the agreement of the will of the contracting party. Offer, however, is the proposal made by one party to another. Acceptance is the manifestation by the offeree of his assent to all the terms of the office. The rejection of the original offer is called the counter-offer. An offer is said to be invalid if it is made in jest, anger, or when emotionally upset. Article 1320, the different forms of acceptance is discussed in which we have express (oral/written) and implied (inferred from act). Meanwhile, in Article 1321, it is said that the person making the offer has the right to prescribe the time, place, and the manner of acceptance. Article 1322 discusses the communication of acceptance to the offerer which has to be absolute and to the agent which is considered as an extension of personality of the principal. The ineffectivity of the offer is talked about in Article 1323 which is in death, insanity, civil interdiction, and insolvency of either party. There are also other grounds which render offer ineffective. It could be failure to comply with the condition to offer as to time, place and manner, expiration, destruction of the thing due. Article 1223 states that an offer is ineffective upon death, civil interdiction, insanity or insolvency of either party before acceptance is conveyed. Article 1324 talks about the option contract. Article 1325 states that business advertisements of things for sale are not definite offers, but mere invitations to make an offer, unless it appears otherwise. Article 1326 states that advertisements for bidders are simply invitations to make proposala and the advertisee is not bound to accept the highest or lowest bidder, unless the contrary appears. Article 1327 talks about the persons who cannot give consent. Article 1328 states that contracts entered in to during a lucid interval is valid while contracts agreed into in a state of drunkenness or during a hypnotic spell are voidable. Article 1329 discusses about the modifications declared for incapacity. Article 1330 states that a contract where consent is given through mistake, violence, intimidation, undue influence or fraud is voidable. It also discusses the characteristics and vices of consent. Article 1331 talks about mistake. Mistake of fact amd mistake of law. Article 1350-1355 discuss because, it is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Motive, the purely personal or private reason which a party has in entering a contract.
Abion, Francine Joyce P.
1BSA-B
Pamantasan ng Cabuyao
Good day, Atty. Here is a summary of what I've learned from the video discussion.
For Chapter 2, The Essential Requisites of Contracts, the contracts must have consent, object, and consideration. Contracts also have classes of elements called essential, natural, and accidental. Then, the conformation of wills (consent), the proposal made by one party to another (offer), and the manifestation or approval of the offeree to a contract (acceptance) are in Article 1319. It also discusses the counter-offer, which is the rejection of the original offer. The offer only becomes ineffective upon the death, insanity, civil interdiction or the prohibition to exercise the civil rights of the offeror and the insolvency of either party. In Article 1325, I've learned that a business advertisement is not a definite offer.
In the forms of acceptance, it could be express or implied based on Article 1320. Express, which means the acceptance is orally or done in writing. Implied is also in written or oral form except that it has interfered from an act. The person making the offer has the right to prescribe the time, place, and manner of acceptance based on Article 1321. Article 1322 talks about the communication of acceptance with the offerer and the agent. It states that the offerer's acceptance must be absolute. The agent is viewed as an extension of the principal's personality. The communication of acceptance to the agent is also the communication to his principal.
The option is the right granted to the offeree to accept an offer within a certain time frame according to Article 1324. I've learned that the option contract gives a person or the offeree to accept the offer within a certain period. In addition, there is an option period or the time given to the offeree to accept the offer. There's also option money or the promised money to be paid.
In terms of consent, it must be intelligent, free and voluntary, and it must be conscious and spontaneous. Furthermore, some people cannot give consent; they are minors, insane or demented people, and deaf-mutes who cannot write. The reason for their disqualification is they might be a victim of fraud. However, there is an exception to the rule of disqualification due to insanity called a lucid interval. It is a period that permits the insane person to think or regain his sanity. A minor can also pay a reasonable price if it is necessary for the beneficiaries. In addition, a mistake is a vice of consent that refers to a false perception of a thing. Fraud can be a simple or gross mistake. A fraud made in good faith is an example of a mistake or error.
According to Articles 1335-1336, violence is the use of physical force by a third party. Article 1337 talks about due influence like kindness or argument that is not prohibited by law because it will not affect or impair consent. Confidential relationships, mental weakness, ignorance, and financial distress will be taken into consideration.
Article 1338-1334 talks about causal fraud committed by one party at the time of the celebration of the contract to secure the consent of the other. Causal fraud must be serious and made by bad faith. Failure to disclose facts when there is a duty to reveal them is called a fraud by concealment and is equivalent to false representation. When fraud is causal, it will annul the contract, and the person is accountable for damages, whereas incidental fraud makes the person subject to damages.
Articles 1345-1346 presents the simulation of a contract or an act of deceiving a person wherein a contract is non-existent or concealed. There are two kinds of simulation: a fictitious contract or non-existing (absolute simulation) and a contract that is different from the true agreement (relative simulation).
Article 1347 talks about the object that is a requisite of a contract. All things, services, or rights may be the object of a contract except when there's a stipulation, impossible, and future inheritance.
Articles 1350-1351 determine that motive is not a cause. The cause is a more proximate purpose of contracting parties to enter a contract, while motive is a personal or private reason of contracting parties to enter a contract. Every contract has a cause that is valid.
Thank you for this video lecture, Atty.
Misa, Jannah Aliah
1BSA-A
Pamantasan ng Cabuyao
Good day, Atty! Here are my key takeaways from this video.
The requisites of a contract which are consent, object, and consideration was discussed in article 1318 along with the classes of elements of a contract which are essential, natural, and accidental. In article 1319, the definitions for consent, offer, acceptance, and counter-offer was provided. Offer made in jest, anger, or when emotionally upset is not a valid offer. IN article 1320, acceptance may be oral or written (express) or inferred from act or conduct (implied). The person making the offer has the right to prescribe the time, place, and the manner of acceptance. Article 1322 provides the communication of acceptance to offerer and to agent. To offerer, acceptance must be absolute while to the agent, the agent is considered as an extension of personality of the principal. Article 1323 states the circumstances where offer becomes ineffective. In article 1324, the definitions of option contract, option period, option money, and option were discussed. As a general rule, the offer may be withdrawn as a matter of right at any time before acceptance. It was stated in article 1325 that business advertisements do not generally define offers. In article 1326, Bidders are the one making the offer which the advertiser is free to accept or reject. As a general rule, the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Capacity to give consent is presumed but there are exceptions provided in article 1327. The reason for disqualification is these persons may be easily the victims of fraud as they are not capable of understanding or knowing the import of their actions. Article 1328 talks about lucid interval and drunkenness; hypnotic spell. Article 1329 provides the modifications declared of incapacity and the other special disqualifications provided by law. The characteristics of consent are intelligent, free and voluntary, and conscious and spontaneous as provided under article 1330. Mistake can be simple and gross (article 1331). The effect of simple mistake does not invalidate a contract while for gross mistake, the party cannot avoid liability on the ground. Article 1332 states that the person enforcing the contract has the burden to prove that the contract is well explained to the person who is unable to read and write or cannot understand the language used. There is no mistake if the person is aware about the risk affecting the contract and still accept it because it is presumed that he is willing to take chances or risk (Article 1333). The mistake of law, as defined in article 1334, arises from ignorance of some provision of law or from the erroneous interpretation of its meaning. Article 1335 provides the definition of violence that requires the employment of physical force and its requisites. Violence or intimidation can be employed by a third person (Article 1336). Under article 1337, undue influence is tackled as well as the circumstances to be considered. Article 1338 enlightens us about causal fraud which is committed by one party before or at the time of the celebration of contract to secure the consent of the other. The requisites for causal fraud are also provided under this article. Fraud by concealment (article 1339) is the failure to disclose facts when there is duty to reveal them. Article 1340 is about usual exaggerations in trade. In article 1341, as a general rule, a mere expression of an opinion does not signify fraud however there are exceptions. Fraud by a third person presumes that both contracting parties are acting in good faith. Mistake can be substantial or insubstantial (article 1342). Article 1343 states that if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Article 1344 provides the effect of causal fraud which is annulment and damages while incidental fraud is liability for damages. Under article 1345-1346, simulation of a contract is the act of deliberately deceiving others, by feigning of pretending by agreement, the appearance of a contract which is either non-existent or concealed. There are two kinds which are absolute simulation and relative simulation. Article 1347-1348 is about the object and its essential requisites. The fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence (article 1349). Cause is an essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts (article 1350). Article 1351 provides the meaning of motive as a purely personal or private reason which a party has in entering into a contract. Article 1354-1355 states that presumption in contracts as to cause are valid and every contract is presumed to have a cause.
That's all. Thank you, Atty!
Reyes, Zhellie Mae
1-BSA-A
Pamantasan ng Cabuyao
Good day, Atty. Thank you for this video lecture. Here is what I have learned from this lecture video. For the second chapter of contracts, it talks about essential requisites of contracts. Article 1318 speaks about the three requisites of a contract which are consent, object and consideration. It also tackles the classes of elements of a contract which are essential, natural and accidental. In essential, no contract can validly exists regardless of the parties’ intention. On the other hand, natural is presumed to exist and accidental pertains to particular stipulations established by the parties in the contract.
Article 1319 provides for the definition of consent as one of the three requisites of a contract. Consent is defined as the agreement of the will of the contracting party. It shows conformity or concurrence wills of the people involved. In addition to that, it also provides the definition of the terms, offer as a proposal made by one to another and acceptance as the manifestation by the offeree of his assent to all the terms of the offer. Offer made in anger or when emotionally upset is considered not valid. Article 1320 provides the forms of acceptance such as express, whether written or oral. Implied, if inferred from act or conduct. Article 1321 states that the person who has the right to prescribe the time, place and the manner of acceptance is the person is making the offer and the acceptance must be communicated in such manner that for the offerer, the acceptance must be absolute and as to the agent, he must be considered as an extension of personality of the principal. There will be times where offer become ineffective if it is upon death, insanity, cvil interdiction or inability to a person to exercise his civil rights such as persons who are convicted to civil crime and insolvency of either party. Article 1324 speaks about option contract or a contract giving a person for a consideration a certain period within which to accept the offer of the offerer. On the other hand, option period is the period given within which the offeree must accept the offer. As a general rule, the offer may be withdrawn as a matter of right at any time before acceptance. As to what is stated in Article 1326, the advertiser os not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Under article 1327, Capacity to give consent is presumed unless it is an unemancipated minors, insane or demented persons and deaf=mutes who do not know how to write as they are the people who may be easily become a victim of fraud as they are not capable of knowing the import of their actions. An insane person can be subject to lucid interval as discussed on the Article 1328, it is the temporary period of sanity. During this, an insane person can be fully mindful of what he is getting into. As for drunkenness or under hypnotic spells, it only impairs the capacity of a person to give intelligent consent but not necessarily be prohibited to give consent.
Article 1330 gives the characteristics of consent which are intelligent or when there is capacity to act, free and voluntary when there is no violence and intimidation, conscious and spontaneous meaning there are no mistakes undue influence, or fraud. Vices of consent corresponds to the mnemonic of FIVUM. Fraud, Intimidation, Violence, Undue influence and Mistake. The person who is enforcing the contract has the burden to prove that the contract was well written and explained as discussed on the Article 1332 and if the person is aware of the risk and did not object, it is presumed that he is willing to take the risk thus, there is no mistake. Causal fraud as discussed in the Article 1338 contains requisites such as (1) misinterpretation of a material fact with knowledge of it falsity. (2) Must be serious (3) must be employed by only of the parties (4) must be made in bad faith (5) must have induces the consent of the other party (6) must be alleged and proved by clear and convincing evidence.
For the Section 2 of contracts, it speaks about object. It is defined as the second essential element of a contract and may be things, rights or services (Article 1347-1348). A things must be within the commerce of men, not legally or physically impossible and is capable of coming into existence and also have to be pre-existing for a thing to be used as object of contract.
Section 3 is about the third essential element of a contract which is cause which is defined in Article 1350 as a more proximate purpose which the contracting parties have in view at the time of entering into the contracts compared to motive which is purely personal reason a party has in entering into a contract which is not considered as a cause (Article 1351). A cause must exist at the time the contract is entered, must be lawful, and must be true or real (Article 1352-1353). In case of absence of cause, in confer no right and produce no legal effect. However, if there is failure of cause, it does not render the contract valid and if the cause is illegal, then the contract is void (Article 1354-1355)
Again, thank you for this lecture video, Atty. Keep safe and God bless.
Padillo, Francheska Agatha V.
1BSA-B
PNC
Good day Atty. These are my takeaways in this video.
Article 1318
These are three requisites of contracts:
1. Consent
2. Object
3. Consideration
Classes of elements of a Contract:
-essential
-natural
-accidental ( not particularly part of the contract)
Article 1319
•Consent means conformity of wills and which respect to contracts, it is the agreement of the will of the contracting party.
•Offer means proposal made by one party to another.
•Acceptance means manifestation by the offeree of his assent.
•Counter-offer means rejection to the original offer and an attempt by the party to enter into a contract on a different basis.
Article 1320
Forms of acceptance:
1. Express - orally or written.
2. Implies - inferred from act or conduct.
Article 1321
The person making the offer has the right to prescribe the time, place and the manner of acceptance.
Article 1322
Communication of acceptance to the offerer, must be absolute and to the agent is considered as an extension of personality of the principal.
Article 1323
Offers becomes ineffective upon:
1. Death
2. Insanity
3. Civil Interdiction- an accessory penalty imposed by the court of law when a person is convicted by a crime which is more than 12 years of imprisonment.
4. Insolvency of either party
Other grounds which render offer ineffective:
1. Failure to comply with the condition to offer as to time, place and manner
2. Expiration
3. Destruction of the thing due
Article 1324
Option Contract is giving a person a consideration for a certain period within which to accept the offer of the offerer. A person upon payment of consideration can exercise his right to accept the offer within the certain period.
Option Period means that a person given a period of time which the offeree must accept the offer.
Option Money- money paid or promised to be paid in consideration for the option.
Option is a privilege given to the offeree to accept an offer within certain period.
General Rule: The offer may be withdraw as a matter of right at any time before acceptance.
Article 1325
Business advertisements generally not definite offers.
Article 1326
Bidders are not definite offers.
General Rule: The advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears.
Article 1327
Capacity to give consent is presumed.
Person who cannot give consent:
1. Unemancipated minors (18 years below)
2. Insane or demented persons
3. Deaf-mutes who do not know how to write
Article 1328
•Lucid Interval means temporary period of sanity. During the lucid interval the insane person will regain his sanity and think clearly.
•Drunkenness; Hypnotic Spell
Article 1329
Modification declared for Incapacity:
1. Necessaries
2. Life, Health and Accident Insurance
3. If entered into a Guardian or legal representative
4. If other party believe the legal capacity of minor, who misinterpreted his age.
Article 1330
Characteristics of Consent:
1. Intelligent
2. Free and Voluntary
3. Conscious and Spontaneous
Article 1331
Mistake- false notion of a thing or a fact material to the contrary
Mistake of fact- arise from ignorance or lack of knowledge
Article 1332
A person or a party who try to enforce the contract the he has the burden to prove that the contract has been well explained.
Article 1333
If the person in aware to risks affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is no mistake.
Article 1336
Violence or intimidation may be employed by a third person.
Article 1337
Undue influence is kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily.
Article 1338
Causal Fraud is committed by one party before or at the time of the celebration of contract to secure the consent of the other.
Article 1339
Fraud by concealment is a failure to disclose facts when there is duty to reveal them.
Article 1340
Usual exaggeration in trade is not fraudulent since seller is normally expected to ve exaggerated to make sale at a highest price possible
Article 1341
General Rule: A mere expression of an opinion does not signify fraud
Article 1343
Fraud made in good faith- if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error.
Article 1345-1346
Simulation of a contract
Kinds of Simulation
1. Absolute simulation (fictitious contracts)
2. Relative simulation- different by their true agreement
Article 1347-1348
Object is the second essential element of a valid contract.
Article 1349
The fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence.
Article 1350
Cause is a more proximate purpose which the contracting parties have in view at the time of entering into the contracts.
Article 1351
Motive is the purely personal or private reason which a party has in entering into a contract.
Article 1352-1353
Requisites of cause are it must exist at the time the contract is entered, lawful and true or reall.
Article 1354-1355
Presumption in contracts as to cause is valid.
Gento, Janella Ann M.
1BSA-B
Article 1318 talks about the requisites for a valid contract, the consent, object, and cause or consideration. Mentioned also here the elements of contracts.
Article 1319 stated the definition of consent, offer, and counter-offer.
Article 1320 says that acceptance of forms of contract must be express or implied.
Article 1321 differentiates the person making the offer and communication of the offer.
Article 1322 says that an offer made through an agent is accepted from the time acceptance is communicated to him.
Article 1323 lists how an offer becomes ineffective, by death, insanity, civil interdiction, and insolvency of either party and others.
Article 1324 defined the Option contract, Option Period, Option Money wherein Option is giving a person a consideration of time to think the offer or to accept the offer while Option Period is the time or period given and Option Money is the money paid or promised to be paid in consideration for the option. Article
1325 says the business advertisements are just an invitation to the reader to make an offer.
Article 1326 says that an advertiser is not bound to accept the highest bidder or the lowest bidder unless the company appears.
Article 1327 states the persons who cannot give consent because they are minors, insane or demented persons, and deaf-mutes who do not know how to write because they are not capable of understanding and prone to exploitation.
Article 1328 says that contracts entered into during a lucid interval are valid.
Article 1329 is about modifications declared for incapacity except when necessaries when entering life, health, and Accident Insurance when entered into a Guardian or legal representative and others.
Article 1330 states that a contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.
Article 1331 says that a mistake is a false notion of a thing or a fact material to the contrary.
Article 1332 says that the burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract.
Article 1333 says that if the person is aware of the risk affecting the contract and still accepts it, it is presumed that he is willing to take chance or risk then there are no mistakes.
Article 1335 states that violence requires the employment of physical force.
Article 1336 says that violence or intimidation may be employed by a third person.
Article 1337 defines undue influence as the influence that overpowers the mind of a party to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgment and discretion.
Article 1338 is about Causal Fraud, it is committed by one party before the perfection of the contract and it is the reason why the other party enters into the contract.
Article 1339 is fraud by concealment or failure to disclose facts when there is a duty to reveal them.
Article 1340 says that it is not fraudulent when sellers exaggerated things to make sales at highest price because it is normally expected.
Article 1341 says that a mere expression of an opinion does not signify fraud.
Article 1343 says that if fraud is made in good faith then it is considered a mere mistake or error.
Article 1344 differentiates the effect of Causal Fraud and Incidental Fraud wherein Causal effect will Annulment of contract + damages while Incidental is a liability for damages only.
Article 1347 - Article 1248 states the second essential element of a valid contract which is the object.
Article 1350 states the last essential element of a valid contract which is the Cause.
Here are my takeaways from this video. Thank you, Atty.
Kian John Ace Turico
1BSA-A
Pamantasan ng Cabuyao
Good Day, Atty! Here are the summary of my learning in Part 10 discussion of The Law on Obligations and Contracts
Article 1318. This article provides the essential requisites of a contracts. The essential requisites are CONSENT, OBJECT, and CONSIDERATION. Under this provision, it was also discussed the different classes of elements of a contract. They are:
1. Essential- it means that no contracts can validly exist regardless of the intention of the parties. These are known as the requisites of a contract.
2. Natural- it is presumed to exist in contracts.
3. Accidental- these are the stipulation, clauses, terms, or condition established by parties.
SECTION 1: CONSENT
Article 1319 speaks about the definition of consent. It refers to conformity of wills and with respect to contracts, it is the agreement of the will of one contracting party. Offer is also defined under this provision. Offer is the proposal made by one party to another. Another term defined under this provision is acceptance. It is the manifestation by the offeree of his assent the terms of the offer. Lastly, another term discussed is counter-offer. It is the rejection of original offer and an attempt of another party to enter into a contract with different basis.
Article 1320 discusses the forms of acceptance. Express and Implied.
Article 1321 speaks about the person making the offer who ha a right to fix the time, place, and the manner of acceptance. It is also discussed under this provision the communication of acceptance. To offerer, acceptance must be absolute and to agent, he is considered as an extension of personality of principal.
Article 1323 speaks about when the offer becomes ineffective. It will become ineffective upon death, insanity, civil interdiction, and insolvency of either party. It also provides other grounds of ineffective offer. These are failure to comply with the condition to offer as to time, place, and manner, expiration of period of acceptance of the offer, and destruction of the thing due.
Article 1324 discusses the option contract, option period, option money, and option. An option contract is one giving a person a consideration for a certain period within which to accept the offer of offerer. While an option period is the period given to offeree to accept the offer. Lastly, option money is the money paid or promised to be paid consideration for the option. An option is the privilege given to the offeree to accept an offer within given period. As general rule, an offer may be withdrawn at any time before acceptance.
Article 1325 speaks about business advertisements which is not define offers but an invitation to a reader to make an offer.
Article 1326 speaks about bidders. It is also not an offer but this is one making an offer which advertiser is free to accept or reject. As general rule, advertisers are bot bound to accept the highest bidder or lowest bidder unless the contrary appears.
Article 1327 said the capacity to give consent is presumed. But there are persons who cannot give consent. These are:
1. Unemancipated minors- these are persons who have not yet reached the age of 18.
2. Insane or demented person
3. Deaf-mutes
The reason behind this is that persons mentioned above may be easily be the victims of fraud as they are not capable of understanding their action
Article 1328 speaks about contract entered into during a lucid interval. It is said that this are valid. Lucid interval is defined as temporary period of sanity It is valid as long as the person will regain his right of thinking. The provision also discussed the effect of drunkenness and hypnotic spell. The effect of this is temporary insanity so law considered void.
Article 1329 discusses about modification declared for incapacity:
1. Necessaries- the effect of delivery to a person with no capacity is he stull must pay a reasonable. Necessaries refers to basic good which is important to a person.
2. Life, Health, and Accident Insurance- beneficiary must be the minor’s state.
3. A contract will be valid if entered into through a guardian
4. Contract is still valid where minor misrepresented his age
5. When a minor voluntarily pay or deliver the thing due, contract is still valid.
The above provision also provides other special disqualifications provided by law.
1. Persons suffering the accessory penalty civil interdiction
2. Hospitalized lepers
3. Prodigals
4. Deaf and Dumb
5. Unsound mind
6. Those who reasons age, disease, weak, mind.
Article 1330 talks about characteristic of consent. These includes INTELLIGENT, FREE AND VOLUNTARY, CONSCIOUSNESS AND SPONTANEOUS. The vices of fraud is also discussed and these are FIVUM. Fraud, Intimidation, Violence, Undue, Mistake.
Article 1331. speaks about mistake, mistake of fact, and mistake of law. Mistake are false notion of a thing. Mistake of fact arise from ignorance, and mistake of law is a substantial mistake of fact. Mistake can be simple or gross. If it is simple, the effect does not invalidate a contract. If it is gross, party cannot avoid liability on the ground of mistake.
Article 1332 said that when one party is unable to read the terms and conditions must be explained by the former.
Article 1333 speaks about the presumption that when a person accepts the risk affecting the contract, he is willing to take risk and therefore, there are no mistake.
Article 1334 talks about meaning of mistake of law.
Article 1335 speaks about violence and the requisites of violence. The requisites are:
1. Reasonable and well grounded evil
2. Imminent and grave
3. Upon his person or property
4. It is the reason why he entered to a contract.
Article 1336 talks about violence or intimidation may be employed by a third person. Obligation will be annulled.
Article 1337 defined undue influence. This is influence of a kind that so overpowers the mind of a party as to prevent him from acting, understandingly, and voluntarily to do what he needs to do. It provides three circumstances to be considered. First, confidentiality and family relations between parties, Second, mental weakness, and third, ignorance.
Article 1338 talks about causal fraud. Causal fraud is committed by one party before the time the contract secure the consent of another. The requisites needed to consider to identify that the fraud is causal fraud are:
1. Misrepresentation of material fact with knowledge of its falsity.
2. It must be serious
3. Must be done by one of the parties
4. Made in bad faith
5. Induced the consent of other contracting party
6. Proved by clear evidence
Article 1339 discussed fraud by conealment. This is failure to disclose facts when there is duty to reveal them and it is equivalent to false representation.
Article 1340 talks about usual exaggerations in trade, it is not fraudulent since seller is not normally expected to be exaggerated to make sale at highest price possible. Then it is not ground to invalidate a contract. This is normally done through dealer’s talk.
Article 1341 said that expression of opinion doesn’t signify fraud and there are three requisites for exception.
1. Must be made by an expert
2. Other party has relied on the expert’s opinion
3. Opinion turned out to be false
Article 1342 talks about fraud by a third person. The presumption is both contracting parties acted in good faith.
Article 1343 speaks about fraud made in good faith. The effect of this is it is considered as mere mistake or error.
Article 1344 talks about the effect of causal and incidental fraud. The effect of causal fraud is annulment plus damages while the effect of incidental fraud is liability to damages only.
Article 1345 and Article 1346 talks about meaning of simulation of a contract it is the act of deliberately deceiving others. There are two kinds of simulation, (1) Absolute Simulation which contract still exist even the parties did not intend to be bound at all. (2) Relative Simulation which when the contract entered into by parties is different from their true agreement.
SECTION 2: OBJECT OF CONTRACTS
Article 1347 and Article 1348 talks about concept of object. Object is the second essential elements of a valid contract and it may be things, services, or rights. As general rule, those mentioned before are all the object of contracts. Except when rights is transmissible, thing outside the commence of man, thing or services are impossible, future inheritance, and object is not possible of determination. Object has four essential requisites.
1. Within the commence of men
2. Must not be legally and physically impossible.
3. Must be in existence or capable of coming.
Article 1349 said that if quantity is not stated, this should not be a reason to annul a contract because the possibility of a thing is sufficient enough.
SECTION 3: CAUSE
Article 1350 talks about the definition of cause (causa), it is the essential or more proximate purpose which contracting parties have in view at the time of entering into contracts. It is different to motive since motive is private reason a person has. The requisites of cause are:
1. Must exist at the time contract entered.
2. Lawful
3. Must be true or real.
Article 1354-1355. Talks about presumption in contracts as to cause:
1. Every contract is presumed to have cause.
2. The cause is valid.
If cause of contract is absent then it will confer no right and produce no legal effect. If there is failure of cause, it does not render the contract void. If there is illegality of cause, contract is void. If there is falsity of cause, contract is also void unless parties show another cause which is true and lawful. If there is lesion, lesion does not invalidate the contract except when there is fraud, mistake, or undue influence and in cases specified by law.
Thank you so much, Atty for this video lecture.
Camas, Ma. Joyce Susanfei M.
1 BSA-B
Pamantasan ng Cabuyao
Good Day, Atty. Thank you for providing this video. Below are my takeaways:
Essential requisites of a contract:
Article 1318
Requisites of a contract
1. Consent
2. Object
3. Consideration
Classes of elements of a contract
1. Essential -no contract can validly exist regardless of the party's intentions
All contracts must have the essential elements otherwise that contract will not exist validly
2. Natural- presumed to exist in certain contracts
3. Accidental -particular stipulations, clauses, terms, or conditions established by the parties
Section 1: Consent
Article 13 19
• Consent - conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party
• Offer - proposal made by one party to another
• Acceptance - manifestation by the offering of his ascent to all the terms of the offer
• Counteroffer - rejection of the original offer and an attempt by the parties to enter into a contract on a different basis
Offer made in jest, anger or when emotionally upset is not a valid offer
Article 1320
Different forms of acceptance
1. Express -oral or in writing
2. Implied - inferred from act or conduct
Article 1321
Person making the offer
Has the right to prescribe the time place and manner of acceptance
Article 1322
Communication of acceptance
To the offer- must be absolute
To the agent -considered as an extension of the personality of the principal
Article 1323
Offer becomes ineffective upon:
1. Death-of the offeree
2. Insanity
3. Civil interdiction
4. Insolvency of either party
5. Other grounds which render the offer ineffective
a. Failure to comply with the condition to offer as to time place and manner
b. Expiration of the period to accept the offer
c. Destruction of the same due
Article 1324
• Option contract giving a person a consideration for a certain period within which to accept the offer of the offeror
• Option period - the period of time within which the offeree must accept the offer
• Option money -money paid or promised to be paid in consideration for the option
• Option refers to the privilege given to the offeree to accept an offer within a certain period
General rule: offer may be withdrawn as a matter of right at any time before acceptance
Article 1325
Business advertisements
• Generally, are not definite offers it is a mere invitation to the reader to make an offer
Bidders
• Advertisement for bidders are not definite offers and the one making the offer which the advertiser is free to accept or reject
General rule: the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears
Article 1327
Capacity of the parties to give consent is presumed
Certain persons who cannot give their consent
1. Unemancipated minors - persons below 18 years of age
2. Insane or demented persons
3. Deaf mutes who do not know how to read and write
Article 1328
• Lucid interval - the temporary period of sanity
• Drunkenness hypnotic spell -will only impair the capacity of a person to give intelligent consent but it will not vitiate consent
Article 1329
Modifications declared for incapacity
1. Necessaries -when sold and delivered to a person with no capacity to act he must still pay a reasonable price
2. Life health and accident insurance- beneficiary must be the minor's estate
4. If other party believe the legal capacity of a minor who misrepresented his age
5. Minor voluntarily pays a sum of money or delivers fungible thing and obligee has spent and consumed it in good faith
Other special disqualifications provided by law
1. Persons suffering the accessory penalty of civil interdiction
2. Hospitalized lepers
3. Prodigals
4. Deaf and dumb
5. Those who are unsound mind
6. Those who by reason of age disease weak mind outside cannot contract into a contract without aid or to take care of themselves
Article 1330
Characteristics of consent
1. intelligent -there is a capacity to act
2. Free and voluntary - no form of violence and intimidation
3. Conscious and spontaneous - no mistake undue influence or front
Different vices of consent
1. Fraud or deceit
2. Intimidation or threat or duress
3. Violence or force
4. Undue influence
5. Mistake or error -mistake is a false notion of a thing or a fact or material to the contrary
a. Mistake of fact- arises from ignorance or lack of knowledge
b. Mistake of law - a substantial mistake on the point of law
Simple mistake does not invalidate or reshape a contract
Gross mistake- a party cannot avoid liability on the ground of mistake
1335
Violence means physical force
Requisites of intimidation or threat
1. Reasonable well-grounded evil
2. Imminent and grave
3. Upon his personal property or that his spouse ascended descendant
4. That is the reason why he enters into a contract
Violence or intimidation may be employed by a third person
1. Confidential, family, spiritual and other relations between parties
2. Mental weakness
3. Ignorance
4. Financial distress
1338
Causal fraud - is committed by one party before or at the time of the celebration of the contract to secure the consent of another
Requisites of causal fraud
1. There must be misrepresentation or concealment of a material fact with knowledge of its falsity
2. It must be serious
3. It must have been employed by only one of the contracting parties
4. It must be made in bad faith
5. It must have induced the consent of the other contracting party
6. It must be alleged and proved by clear and convincing evidence
Fraud by concealment- the failure to disclose facts when there is duty to reveal them; it is equivalent to false representation
Usual exaggerations in trade
General rule: expression of an opinion does not signify fraud
Requisites for exception:
1. It must be made by an expert
2. The other party has relied on the expert’s opinion
3. The opinion turned out to be false
1342
Fraud by a third person
Presumption: both contracting parties are acting in good faith
If the mistake is substantial, it can announce the contract principally on the ground of mistake
Fraud made in good faith
-if the misrepresentation is not intentional but made in good faith it is considered a mere mistake or error
-a fraud is definitely more serious than mistake then the party guilty of fraud is subject to greater liability
Effect: agreement or the contract will be voidable on the ground of mistake
Causal fraud - will annul the contract and subject the per the party or person liable for damages
Incidental fraud - will not be a ground for annulment of contract but only liability for damages
Simulation of a contract -the act of deliberately deceiving others by feigning or pretending by agreement the appearance of a contract which is either non-existent or concealed
Kinds of simulation
1. Absolute simulation (fictitious contracts) - when the contract does not really exist at all, and the parties do not intend to be bound at all
2. Relatively simulated- when the entered into by the parties is different from their true agreement
Section 2: Object of Contracts
Article 1347 and 1348
Object is the second essential element of a valid contract; may refer to things, rights, or services
Requisites of a thing as object of contract
1. Within the commerce of men
2. Not be legally or physically impossible
3. In existence or capable of coming into existence
4. In(determinate)
General rule: all things or services or rights may be the object of a contract
Exceptions:
1. Intransmissible rights by their nature, or by stipulation or provision of law
2. Things outside the commerce of man
3. Impossible things or services
4. Future inheritance except in cases expressly authorized by law you
5. Objects which are not possible of determination as to their kind
Section 3: Cause
Cause(causa)- essential or more proximate purpose which the contracting parties have in view at the time of the entering into the contracts
Motive - purely personal or private reason which a party has in entering into a contract
Requisites of a cause
1. It must exist at the time the contract is entered
2. It must be lawful
3. It must be true or real
Presumption in contracts as to cause:
1. To have a cause or consideration
2. The cause is valid
Mahilum, Alexis Joy
1BSA-A
Pamantasa ng Cabuyao
Good day, Attorney! Here are my key takeaways from your video lecture.
Chapter 2 discusses about the essential requisites of contracts. These are consent, object, and consideration (Article 1318). Classes of elements of a contract were also discussed in Article 1318. Essentials elements must exist in order for a contract to be validly existed. Natural elements are found in a certain contract unless the parties expressly stipulated the contrary. Accidental elements refer to particular stipulations established by the parties.
Article 1319 discusses about consent which is conformity of wills or the agreement of the will of the contracting party. Offer is the proposal made by one party to another, while, acceptance is the manifestation by the offeree of hid assent to all the terms of the offer. Counter-offer is the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis. An offer is invalid if it is made in jest, anger, or when emotionally upset.
Article 1320 tackles about the forms of acceptance. These could be expressed orally or written, and it could be implied or inferred from act or conduct.
Article 1321 talks about the person making the offer. This person has the right to prescribe the time, place and manner of acceptance.
Article 1322 discusses about the communication of acceptance wherein acceptance must be absolute to offerer and communication of acceptance to agent is considered as an extension of personality of the principal.
Article 1323 tackles about the ineffectiveness of an offer. It becomes ineffective upon death, insanity, civil interdiction or an accessory penalty when a person is convicted of a crime with more than 12 years of imprisonment, and insolvency of either party. With these, the offer may be ineffective because the parties will be prohibited to exercise their civil rights. Failure to comply with the condition to offer as to time, place and manner, expiration, and destruction of the thing due may also render an offer ineffective.
Article 1324 talks about option which is a privilege given to the offeree to accept an offer within a certain period. An option contract gives a person a right to consideration to accept the offer of the offerer within a certain period. An option period is given within which the offeree must accept the offer. An option money is the money paid or promised to be paid in consideration for the option. The general rule of this article is that the offer must be withdrawn as a matter of right at any time before acceptance.
Article 1325 discusses about how business advertisements are not definite offers but an invitation to the reader to make an offer.
Advertisements for bidders (the one making the offer which the advertiser is free to accept or reject) are not definite offers. As a general rule, the advertiser is not bound to accept the highest bidder or the lower bidder unless the contrary appears. (Article 1326)
Article 1327 and 1328 talks about the persons who cannot give consent and the reason for their disqualification. They are the unemancipated minors, insane or demented persons, deaf-mutes who do not know how to write. These persons may be easily be the victims of fraud. Exception to the disqualification is when an insane person is in lucid interval or in temporary period of sanity during the time it gives the consent. On the other hand, drunkenness and hypnotic spell will only impair the capacity of a person to give intelligent consent but cannot disqualify the consent itself.
Article 1329 discusses about the modifications declared for incapacity. These are necessaries, life, health, and accident insurance, guardianship, misrepresentation of age, and voluntary payment of money or delivery of thing which consumed in good faith. Other special disqualifications provided by law are the persons suffering the accessory penalty of civil interdiction, hospitalized lepers, prodigals, deaf and dumb, those who are unsound mind, and those who cannot take care of themselves without outside aid.
Article 1330 tackles about the characteristics and vices of consent. The characteristics of a consent are intelligent, free and voluntary, and conscious and spontaneous. The vices of a consent are fraud, intimidation, violence, undue influence, and mistake.
Mistake is a false notion of a thing or a fact material to the contrary. Mistake of fact arises from ignorance or lack of knowledge. Mistake of law is a substantial mistake of fact. A simple mistake does not invalidate a contract while in a gross mistake, party cannot avoid liability on the ground of mistake. (Article 1331)
The person enforcing the contract has the burden to prove that the contract is well explained to the person who is unable to read or cannot understand the language used. (Article 1332)
There is no mistake if the person still accepts the contract while being unaware of the risk affecting the contract. (Article 1333)
Article 1335 and 1336 discusses about violence. Violence requires the employment of physical force. The requisites of violence are reasonable well grounded evil, imminent and grave, upon his person or property or that his spouse, descendants or ascendant, and it is the reason why he enters into contract. Violence may be employed by a third person.
Article 1337 talks about undue influence. It overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion.
Article 1338 talks about causal fraud. This is committed by one party or at the time of the celebration of contract to secure the consent of the other. There are requisites of causal fraud: 1) there must be misrepresentation or concealment of a material fact with knowledge of its falsity, 2) it must be serious, 3) it must have been employed by only one of the contracting parties, 4) it must be made in bad faith, 5) it must have induced the consent of other contracting party, and 6) it must be alleged and proved by clear and convincing evidence.
Fraud by concealment is a failure to disclose facts when there is duty to reveal them. (Article 1339)
Article 1340 discusses about the usual exaggerations in trade. This is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible, therefore, it is not a ground to invalidate a contract.
As a general rule, a mere expression of an opinion does not signify fraud. (Article 1341)
Insubstantial mistake does not annul a contract, while, substantial mistake may annul a contract principally on the ground of mistake. (Article 1342)
It is considered a mere mistake if fraud is made in good faith. (Article 1343)
In causal fraud, contract may be subjected to annulment and the party liable will be subjected to damages, while in incidental fraud, the contract will not be annulled but the party liable will be subjected to damages. (Article 1344)
Article 1345 and 1346 discusses about simulation of a contract or the act of deliberately deceiving other, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. There are two kinds of simulation which are absolute simulation and relative simulation.
Article 1347 and 1348 discusses about object or the second essential element of a valid contract. The requisites of an object of contract must be within the commerce of men, not be legally or physically impossible, and in existence or capable of coming into existence. As a general rule, all things, or services, or rights may be the object of a contract, except if the object is intransmissible by their nature, or by stipulation, or of provision of law, outside the commerce of men, impossible things or services, or future inheritance except in cases expressly authorized by law.
If the quantity is not determinate, it shall not be a hindrance for a contract to come to existence. (Article 1349)
Article 1350 and 1351 discusses about cause or causa. Cause is the essential which the contracting parties have in view at the time of entering into contracts. It is different from motive or the purely personal or private reason which a party has in entering into a contract.
Article 1352 and 1353 states the requisites of cause. It must exist at the time the contract is entered, it must be lawful, and it must be true or real.
Article 1354 and 1355 talks about the cause of contracts. If there is an absence or want of cause, it will not confer or produce legal effect. If there is failure of cause, it does not render the contract void. If there is illegality of cause, the contract is void. If there is falsity of cause, the contract is void unless the parties will show another cause which is true and lawful. Lesion which is any damage caused by the fact that the price is unjust or inadequate, does noy invalidate a contract except when there is a fraud, mistake, undue influence, and in cases specified by law.
Lopez, Rea Mae
1BSA-A
Pamantasan ng Cabuyao
Good day Attorney! Here are my key takeaways from this video lecture.
Article 1318 talks about the requisites of contract which are consent, object, and consideration or COC. It also discusses the classes of elements of a contract. First, the essential elements or known as requisites of a contract which means the contract must have all the essentials elements to be valid otherwise it will not exist validly. Second, the natural element which means presumed to exist. Lastly, the accidental elements mean the stipulation or terms established by the parties that made it part of a contract.
Article 1319 talks about the meaning of consent. It is giving of one's conformity of wills and concerning contracts. It also discusses the meaning of offer and acceptance. Offer is the proposal made by the offerer to the offeree and it is said that the offer is not valid if it is made in jest, anger or when emotionally upset. Acceptance is the manifestation by the offeree of his assent to all the terms of the offer. Also, another term is discussed which is the counter-offer.
Article 1320 talks about the forms of acceptance that can be express in oral or written and implied inferred from act or conduct.
Article 1321 discussed that the person making the offer has the right to demand the time, place, and manner of acceptance.
Article 1322 discussed the communication of acceptance. The offerer acceptance must be absolute while the agent is considered as the extension of the personality of the principal by legal fiction.
Article 1323 discussed when the offer becomes ineffective. First, the death of the offerer or offeree. Second is the insanity, third is the civil interdiction which means the inability of a person to exercise his civil rights. Lastly, the insolvency of either party. Also, it discussed the other ground which renders the offer ineffective. First, the failure to comply with the condition to offer as to time, place, and manner, and second is the expiration.
Article 1324 talks about options contracts, option periods, and option money. An option contract is considering a person a consideration for a certain period to accept the offer of the offerer. The option period is the period given by the offerer to the offeree which to accept the offer. Option money is the promised or consideration paid for the consideration. It also discussed the option which is the privilege given by the offerer to the offeree to accept an offer within a certain period. Furthermore, the general rule offer may be withdrawn as a matter of right at any time before acceptance.
Article 1325 discussed the business advertisements. It is not definite offers but an invitation to the reader to make an offer.
Article 1236 speaks about bidders. It said the advertisement for bidders are not definite offers and is the one making the offer which the advertiser is free to accept or reject. The general rule is that the advertiser is not bound to accept the highest or lowest bidder unless the contrary appears.
Article 1327 said the capacity to give consent is presumed unless that person is an unemancipated person, insane or demented persons or deaf-mutes who do not know to write however, if he knows how to write then he is valid to enter a contract. The reason is those persons can be easily victims of fraud.
Article 1328 speaks about lucid interval. It is a temporary period of sanity where a person can able distinguish what is real and right. It also discussed the effect of drunkenness and hypnotic spell.
Article 1329 talks about the modifications declared for incapacity. First is necessaries, it says when a necessary thing is delivered and sold to a person with no capacity to act, he is liable to pay a reasonable price. Second is life, health, and accident insurance, the beneficiary must be the minor's estate. Third, there should be a guardian or legal representative in entering a contract. Fourth, if the other party believes the legal capacity of a minor, who misrepresented his age. Lastly, if the minor voluntarily pays a sum of money. Also, it discussed the other special disqualifications provided by law which are persons suffering the accessory penalty civil interdiction, hospitalized lepers, prodigals, deaf and dumb, those who are unsound mind, and those who by reason of age, disease, and weak mind.
Article 1330 speaks about the characteristics of consent. First is the intelligent meaning there is the capacity to act, second, it must be free and voluntary meaning no violence and intimidation, and it must be conscious and spontaneous which means no mistake, undue influence, or fraud. It also discussed the vices of consent which are fraud or deceit, intimidation or threat or duress, violence or force, undue influence, and mistake or error.
Article 1331 speaks about the mistake which means the false notion of a thing or a fact material to the contrary. Also, it discussed the mistake of fact and the mistake of law. Mistake of fact means arise from ignorance or lack of knowledge. A mistake of law means a substantial mistake of fact. If it is simple, it does not invalidate a contract while in gross the party cannot avoid liability on the ground of mistake.
Article 1332 said that if the person is unable to read or cannot understand the language used, the person enforcing the contract must explain the contract well.
Article 1333 said that if the person is knowledgeable about the risk affecting the contract. it is presumed that there is no mistake.
Article 1334 talks about the meaning, effect, and reason of a mistake of law.
Article 1335 talks about violence and its requisites. Violence requires the employment of physical force and its requisites are reasonable well-grounded evil, imminent and grave, upon his person or property or his spouse, and the reason why he enters into a contract.
Article 1336 speaks about violence or intimidation may be employed by a third person.
Article 1337 talks about the meaning of undue influence. This is an influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done. There are circumstances to be considered which are confidentiality and family between the parties, mental weakness, and ignorance.
Article 1338 talks about casual fraud which means are committed by one party before or at the time of the celebration of a contract to secure the consent of the other. The requisites of casual fraud are misrepresentation or concealment of a material fact with knowledge of its falsity, it must be serious, it must have been employed by only one of the contracting parties, must be made in bad faith, must have induced the consent of the other contracting party and must be alleged and proved by clear evidence.
Article 1339 discussed the meaning of fraud by concealment. It is the failure to disclose facts when there is a duty to reveal them and it is equivalent to misrepresentation or false representation.
Article 1340 talks about usual exexaggerations in trade. It is not fraudulent since the seller is normally expected to be exaggerated to make a sale at the highest price possible.
Article 1341 speaks about the expression of opinion that does not signify fraud. It has requisites which are it must be made by an expert, other contracting party has relied on the expert's opinions, and the opinion turned out to be false or erroneous.
Article 1342 talks about fraud by a third person. It is presumed that both contracting parties are acting in good faith.
Article 1343 talks about fraud made in good faith. It is said that if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error.
Article 1344 discussed the effect of causal and incidental. The effect of causal is annulment plus damages while incidental is a liability for damages.
Article 1345-1346 discussed the simulation of a contract. It is the act of deliberately deceiving others, by feigning or pretending by agreement. There are kinds of simulation which are absolute simulation and relative simulation.
Article 1347-1348 talks about the concept of object. The object is the second essential element of a valid contract. It may be things, rights, and services. There are requisites of things as objects of contract which are within the commerce of men, not be legally or physically impossible, existence or capable of coming into existence and determinate.
As a general rule, all things, or services, or rights may be the object of a contract.
Article 1349 said that if the quantity is not determinate it shall not be a hindrance to the existence of a contract.
Article 1350 talks about cause or causa. It is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts.
Article 1351 discussed the meaning of motive. It is the purely personal or private reason that a party has in entering into a contract.
Article 1352-1353 talks about the requirements of the cause which is it must exist at the time the contract is entered, it must be lawful and it must be true or real.
Article 1354-1355 talks about presumption in the contract as to cause. It said that every contract is presumed to have cause and the cause is valid. It also discussed the cause and effects of contracts. First, in the absence or want of cause, its effect is it will confer no right and produce no legal effect whatever. Second is the failure of cause its cause is it does not render the contract void. Last is the illegality of cause its effect if it voids the contract.
Thank you so much po Atty for this video lecture. God bless you po.
Raflores, Kate Alison P.
1BSA-B
Good day, Atty.! These are some of what I have learned from the video.
1318 is all about the requisites of a contract which are consent, object and consideration. Essential, natural, and accidental are the classes of elements of a contract.
1319 is about consent. Consent is a conformity of the wills with respect to contractors.
1320 is about the forms of acceptance which are express which is oral or written and implied which is inferred from act or conduct.
1330 is the article about the characteristics of consent. There are three: intelligent, free and voluntary, and conscious and spontaneous.
In 1335, we have violence and its requisites. Violence requires the employment of physical force. It has 4 requisites. In connection to 1335, 1336 is about how violence may be employed by a third person.
1345 to 1346 is all about the simulation of a contract and its two kinds: absolute simulation and relative simulation.
1350 is about cause or causa which is the essential or more proximate purposes which the contracting parties have in view at the time of entering into the contracts.
In connection to that, 1352 to 1353 is all about the requisites of cause which are: exist at the time the contract is entered, lawful, and true or real.
Thank You for the video lecture, Atty.!
Pamplona, Maynalyn Y.
Pamantasan ng Cabuyao
1BSA-A
Good day, Atty.! This is the summary of what I have learned.
CHAPTER 2: ESSENTIAL REQUISITES OF CONTRACTS
General Provisions: Article 1318
For a contract to be valid it shall manifests all the essential elements of contract. There is no contract unless the requisites concur which are consent of the contracting parties, object certain or the subject matter of the contract, and cause of the obligation.
Section 1: Consent (Article 1319 -1346)
It is said that a contract must have a consent of the contracting parties. In article 1319, it discusses that a consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause. The offer must be certain and the acceptance is absolute. Hence, a qualified acceptance constitutes a counter-offer and must be accepted absolutely in order that there will be a contract. According to Article 1320, an acceptance may be express (oral or written) or implied (inferred from act or conduct). Under Article 1321, the person making the offer has the right to prescribe the time, the place, and the manner of acceptance, all of which must be complied with. The offer must be communicated and received by the offeree. An offer made through an agent is accepted from the time acceptance is communicated to him which is in under article 1322. To offerer, the acceptance must be absolute, and to agent, it is considered as an extension of the personality of his principal. However, this article only applies if the offer is made through the agent. An offer may be revoked or withdrawn at anytime before it is accepted. Under Article 1323, even if the offer is not withdrawn, its acceptance will not produce a contract in case the offer has already become ineffective because of the death, civil interdiction, insanity, or insolvency of either party before the conveyance of the acceptance of the offer. Thus, failure to comply with the condition of the offer as to the time, place and manner of payment, the expiration of period in the offer of acceptance, destruction of the things due, and rejection of offer will also make the offer ineffective and prevent the creation of contract. The general rule is that offer may be withdrawn at the time before acceptance, however, according to Article 1324, there is an exception which is when the option is founded upon consideration, as something paid or promised. Article 1325 talks about the business advertisement which is said to be not a definite offers but merely an invitations to the reader to make an offer. However, if the advertisement is complete on all particulars necessary in contract, it may amount to a definite offer that will perfected a contract. Thus, advertisements for bidders, the advertiser is not making the offer. The bidder is the one making an offer which advertiser is free to accept, discussed in Article 1326.
The Civil Code does not defines who have capacity or legal ability to give consent to contract. On contrary, it defines who have no capacity to give consent and it is under Article 1327. Those who are incapable to give consent are those unemancipated minors, insane or demented persons, and deaf-mutes who are unable to read and write. They are disqualified as simply because they can be easily be victims of fraud because they are not capable of understanding or knowing the nature or import of their actions. But, in article 1328, it is said that a person in lucid interval that entered into contract are valid. Hence, contracts agreed in drunkenness or during hypnotic spell are invalid as it equivalent to temporary insanity. In article 1329, it explains the modification in article 1327. Those incapable person can give valid consent in necessaries or necessity, life, health and accident insurance, through guardian or legal representative, when minor is misinterpreted his age and convincingly led other party to believe in his legal capacity, and voluntarily pays a sum of money or delivers things in fulfillment of obligation. It is said in Article 1330 that a contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. Mistake simple and mistake gross is explains in article 1331 which the first one does not void a contract but will give rise to its correction and the latter cannot avoid the liability on the ground of mistake in computation which may cancel the contract. Additionally, according to article 1332, when one of the parties is unable to read or if the contract is in language not understood by him, it it the party enforcing the contract who is duty-bound to show that there has been no fraud or mistake and that the terms of the contract have been fully explain to the former. If a party knew beforehand the doubt, contingency or risk affecting the object of the contract, it is assumed that he was willing to take risk and therefore cannot claim mistake as explained in article 1333. However, as for article 1334, mutual error as to legal effect of agreement and that frustrates the real purpose of the parties then it may vatiate the consent. According to article 1335, to make consent defective, the force employed must be either serious or irresistible. Thus, in article 1336, violence or intimidation that employed by the third party shall annul the obligation although he did not take part in the contract. Undue influence avoid contract according to article 1337 which defines as influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly or voluntarily to exercise his own judgement. However, there are circumstances to consider. These are (1)confidential, family, spiritual and other relations between parties,(2)mental weakness, (3) igmorance, (4) financial distress. It is consider that there is fraud through insidous words or machinations wch is known as causal fraud written in article 1338. In article 1339, failure to communicate or disclose facts, when there is a duty to reveal then, therefore it constitutes fraud. The usual exagerrations in trade are not fraudelent. It is normally done to market, under article 1340. Additionally, a mere expression of an opionion does consider as fraud unless made by an expert, the contracting party has relied on the expert's opinion, and the opinion turned out to be false or erroneous that is given in article 1341. Misinterpretation by third party explains in article 1342 does not vitiate consent, unless it created substantial mistake and the same is mutual. On the other hand if the misinterpretation created substantial mistake then the contract may be annulled but principally on the ground of mistake. Howerever, according to article 1343, misinterpretation made in good faith does not signify fraud but may constitute error. In order that a fraud may make a contract voidable, it must be serious and not employed by both contracting parties according to article 1344, thus incidental fraud only obliges the person employing it to pay damages. Lastly in article 1345-1346 explains that simulation of contract may be absolute or relative. An absolutely simulated or fictitous contract is void. While relative simulation parties are bound by their real agreement.
Section 2: Object of Contracts (Article 1347-1349)
Object in every contract is the obligation created. In order that things may be object of the contract then the thing must be within the commerce of men, must not be physically or legally impossible, must be existence or capable of coming into existence, and must be determinate or determinable without the need of a new contract between the parties. Which on the other hand telling us that the impossible things cannot be an object of contract. Thus, if the quantity of the object is not determinable then it is not an obstacle to the existence of contract.
Section 3: Cause of Contracts (Article 1350-1355)
For a contract to be valid there should be a cause or purpose of its existence. However, according to article 1351 the particular motives of the parties are different from the cause. The cause must be lawful, true or real, and must exist at the time the contract is entered into, unless otherwise it will be void. Additionally, contract without cause or with unlawful cause produce no effect.
Thank you!
Taup, Ashley Nicole
1BSA-A
Pamantasan ng Cabuyao
Good day Atty. Reyes! Here's the summary of my learnings about today's video lecture:
Article 1318
- States the classes of elements of a contract.
Article 1319
- Gives the meaning of consent.
Article 1320
- States the forms of acceptance of offer. It may be oral or written.
Article 1321
- States that the person making the offer has the right to prescribe the time, place, and manner of acceptance, all of which must be complied with.
Article 1322
- States the communication of acceptance. It applies only if the offer is made through the agent and the acceptance is communicated through him.
Article 1323
- States that at the time of acceptance is communicated, both parties, offerer and offeree, must be living and capacitated. Otherwise, it is ineffective.
Article 1324
- Provides the general rule regarding offer and acceptance.
Article 1325
- States that business advertisements of things for sale are not definite offers acceptance but are merely invitations to the reader to make an offer.
Article 1326
- States the general rule that advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears.
Article 1327
- States the person who cannot give consent to a contract.
Article 1328
- States that a contract entered into by an insane or demented person during a lucid interval is valid.
Article 1329
- States that incapacity declared in Article 1327 is subject to modifications, where it can also give valid consent.
Article 1330
- States the instances where contracts can be voidable.
Article 1331
- Gives the definition of mistake or error. In general, it refers to mistake of fact.
Article 1332
- States that the party enforcing the contract has the burden of proof that there has been no fraud or mistake, and terms are fully understood by him.
Article 1333
- States that if a party knew beforehand the doubt, contingency, or risk affecting the object of the contract, it is to be assumed that he was willing to take chances and cannot, therefore, claim mistake.
Article 1334
- Gives the definition of mistake of law.
Article 1335
- Gives the nature of violence or force that makes the consent defective.
Article 1336
- States that violence or intimidation may be employed by a third person who did not take part in the contract.
Article 1337
- Gives the meaning of undue influence.
Article 1338
- Gives the meaning of causal fraud.
Article 1339
- Talks about fraud by concealment.
Article 1340
- States that the law allows considerable latitude to seller’s statements or dealer’s talk. Any person who relies on said exaggerations does so at his own peril.
Article 1341
- States that a mere expression of an opinion does not signify fraud.
Article 1342
- States that if misinterpretation has created a substantial mistake and the same is mutual, the contract may be annulled.
Article 1343
- States that if the misinterpretation is not intentional but made in good faith, it is considered a mere mistake or error.
Article 1344
- Distinguishes 2 kinds of civil fraud. Both kinds of incidental fraud do not vitiate consent.
Article 1345
- gives the kinds of simulation, absolute and relative simulation.
Article 1346
- Talks about absolute simulation.
Article 1347-1348
- Gives the meaning of object of contracts. The object may be things (as in sale), rights (as in assignment of credit), or services (as in agency).
Article 1349
- States that the object of a contract must be determinate as to its kind or at least determinable without the necessity of a new or further agreement between the parties.
Article 1350
- Gives the meaning of cause (causa).
Article 1351
- Gives the meaning of motive, which is the purely personal or private person which a party has in entering into a contract.
Article 1352 - 1353
- Gives the effect of absence or cause. Contracts without cause confer no right and produce no legal effect.
Article 1354
- States that the presumption is that the cause exists and is lawful unless the debtor proves the contrary.
Article 1355
- Gives the general rule that lesion or inadequacy of cause does not of itself invalidate a contract.
Thank you Atty!
Sahurda, Mary Lady Lou C.
1BSA-A
Pamantasan ng Cabuyao
Chapter 2 - Essential Requisites of Contracts
Article 1318 states the requisites of a contract to be considered valid which are consent of the contracting parties, the object of the contract, and the cause or the purpose of the contract. The classes of elements of a contract are:
1. Essential - no contract can validly exist regardless of the parties’ intensions
2. Natural - presumed to exist in certain contracts
3. Accidental - particular stipulations, clauses, terms, or conditions established by the parties in their contract
Section 1 - CONSENT
Article 1319 defines consent as the conformity of wills and with respect to contracts, it is the agreement of the will of the contracting party. Counter-offer, on the other hand, is the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis.
Article 1320 enumerated the forms of acceptance to be expressed (written or oral) or implied which inferred from act or conduct.
Article 1321 gives the person making an offer the right to prescribe the time, place and the manner of acceptance.
Article 1322 pertains to the communication of acceptance to the offerer must be absolute, while to the agent of the acceptance must be an extension of the personality of the principal.
Article 1323 states that an offer become ineffective upon the death of the offerer or offeree, insanity, civil interdiction, and insolvency of either party. The offer also become ineffective when one fails to comply with the condition (time, place, manner), the expiration of the offer, and the destruction of the thing due.
Article 1324 talks about option or the privilege given to the offeree to accept an offer within a certain period. Option contract gives a person consideration within which to accept the offer of the offerer. Option period is the period given within which the offeree must accept the offerer. Option money which is the money paid in consideration for the option. As a general rule, the offer may be withdrawn any time before the time of acceptance.
Article 1325 clarified a business advertisement to be an invitation to make an offer, and not a definite offer.
Article 1326 states that the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears. Advertisements are not definite offers and the advertiser is free to accept or reject.
Article 1327 is not allowing unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to write to give consent. They may easily be the victims of frauds because they are not capable of understanding or knowing the importance of their actions.
Article 1328 qualified a person who has a lucid interval to enter into a contract, but contracts agreed in the state of drunkenness or during the hypnotic spell are invalid.
Article 1329 modified who to declare as incapacitated. It is considered valid when:
1. Sold and delivered to a person with no capacity to act, he still must pay a reasonable price.
2. Life, health, and accident insurance beneficiary must be the minor’s estate
3. If entered into a guardian or legal representative
4. If other party believe the legal capacity of a minor, who misrepresented his age.
5. Minor voluntarily pays a sum of money or delivers fungible thing and oblige has spent and consumed it in good faith.
Article 1330 gives characteristics of consent such as intelligence, free or voluntary, and conscious or spontaneous. The vices of consent mentioned are fraud or deceit, intimidation or threat, violence or force, undue influence, and mistake or error.
Article 1331 defines mistake as a false notion of a thing or a fact material to the contrary. Mistake of fact arise from ignorance or lack of knowledge, mistake of law is a substantial mistake of fact. But mistake can be simple that does not invalidate a contract, or a gross mistake that makes party cannot avoid liability on the ground of mistake.
Article 1332 obliges the person enforcing the contract to prove that the contract is well explained to the person unable to read or understand the language used.
Article 1333 states that if the person is aware about the risk and still accepts it, then he is willing to take chances and there is no mistake.
Article 1334 defines, states the effect and reason of mistake of law. Ignorance of some provisions of law does not invalidate consent because ignorance of the law excuses no one for compliance therewith.
Article 1335 defined an act to be considered violence when physical force is employed. Requisites of Intimidation or Threat are the following:
1. Reasonable well grounded evil
2. Imminent and grave
3. Upon his person or property or that his spouse, descendants or ascendants
4. It is the reason why he enters into a contract
Article 1336 pertains to the violence employed by a third person.
Article 1337 is about undue influence or the influence that overpowers the mind of a party to prevent him from voluntarily and freely exercising his own judgement and discretion. Confidentiality, family, spiritual and other relations between the parties, mental weakness, and ignorance should be considered.
Article 1338 talks about casual fraud as committed by one party before or at the time of the celebration of contract to secure the consent of the other. A casual fraud requires to be a misrepresentation or concealment, must be serious, must only be employed by one of the contracting parties, must be in bad faith, must have induced the consent of the other contracting party, and must be alleged and proved by clear and convincing evidence.
Article 1339 pertains to the failure to disclose facts when there is duty to reveal them or the fraud by concealment.
Article 1340 emphasizes the usual exaggeration in trade which is not considered fraud for we know that sellers are expected to sell at highest possible price.
Article 1341 states the general rule that an expression of opinion does not signify fraud, only if it was made by an expert, other party has relied on the expert's special knowledge and it turned out to be false.
Article 1342 emphasizes about the fraud made by a third person. Insubstantial mistake does not annul the contract, while a substantial mistake may annul the contract principally on the ground of mistake.
Article 1343 talks about fraud made in good faith. It is considered a mere mistake for it is not intentional.
Article 1344 states the effect of two different frauds: causal fraud and incidental fraud. Casual fraud annuls the contract and the guilty party will pay for damages, while incidental fraud will only have liability for damages.
Article 1345 -1346 emphasizes the occurrence of simulation of a contract which is the act of deliberately deceiving others by pretending of an agreement to a nonexistent contract. There are 2 kinds of simulation:
1. Absolute simulation or fictitious contracts happen when the contract does not really exist and the parties do not intend to bound at all.
2. Relative simulation happen when the contract entered was different from their true agreements.
Section 2 - Object of Contracts
Article 1347-1348 pertains to the object which is the second essential element of a valid contract. For an object (things, rights or services) to be valid, it must be within the commerce of men, physically and legally possible, existing, and a determinate thing.
Article 1349 clarified that the quantity of the thing or object of a contract shall not be a hindrance to form a contract.
Section 3 - Cause
Article 1350-1355 focuses on the cause as the third essential element of a contract. It serves as the more proximate purpose of contracting parties in entering the contract. Motive, on the other hand, is the purely personal reason a party is entering into a contract. The requisites of a cause are the following:
1. It must exist at the time of the formation of the contract.
2. It must be lawful.
3. It must be true or real.
Thank you for the video lecture, Atty. Reyes!
SANCHEZ, JAYSHEL MAY P.
1BSA-B
PAMANTASAN NG CABUYAO
Thank you, Atty, for the discussion about Contracts- Elements
This are the things that i learned.
Article 1318
(1) Contracting parties' consent-a meeting of the minds of the two parties;
(2) The contract's subject matter, or object, must be definite and certain (for example, land or a house);
(3) An established cause of the obligation- a convincing rationale for contract performance or why a party undertakes an obligation.
Article 1319
Consent- conformity of wills and with respect to contracts, it is the agreement of the contracting party.
Offer- proposal made by one party to another
Acceptance- the manifestation
Article 1320
Form of acceptance
Express - orally or written
Implied - act or conduct
Article 1323
Offer becomes ineffective upon: death, insanity, civil interdiction and insolvency of either part.
Civil interdiction-this is an inability to a person to exercise his civil rights
Article 1324
Option contract
Option period
Option money-
Article 1325
Business advertisement generally not define offers and invitation to readers to Make an offer
Article 1326
Bidders - advertisement for bidders not define offers.
Article 1327
Person who cannot give consent: Unemancipated minors, insane or demented person and deaf mutes who don't know how to read and write.
Article 1330
Vices of Consent
1. Fraud or Decit
2. Intimidation
3.violence or force
4. Undue influence
5.Mistake or error
Article 1331
Mistake- false notion or fact material to the contrary
Mistake of fact- arise from ignorance
Mistake of law- is a substantial mistake of fact.
Article 1332
- whoever the Person or the party who try enforce the contract then he has the burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used.
Article 1333
- if the person is aware about the risk will be affecting the contract and still accept it that means he is willing to take chances or risk and there is no mistake.
Article 1337
Undue influence
Due influence
Article 1338
Causal fraud - commited by one party before of the contract to secure the consent big another.
-The requisites of causal fraud.
Article 1340
Usual exaggeration in trade- if there is some exaggeration when it comes to the quality of products then it is not ground in validate contract.
Article 1342
Fraud by a third person
Insubstantial- does not annul the contract
Substantial - may annul the contract principally on the ground of mistake.
Article 1343
Fraud made in good faith- misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error.
Article 1345-1346
Simulation of a contract
Kind of simulation
Absolute and relative
SECTION 2 OBJECTS OF CONTRACT
Article 1347-1348
Object- second essential element of a valid contract.
SECTION 3 CAUSE
Article 1350
Cause(causa)- essential or more proximate purpose which the contracting parties have in view at the time of entering into the contract.
Article 1351
Motive- purely personal
Article 1352- 1353
Requisites of contract it must be exist,must be lawful, and must be real.
Panganiban, Aubrey L.
1BSA-A
Good day, Atty. Here’s what I’ve learned from the video about the Chapter 2-Essential Requisites of Contracts:
Art. 1318 shows the requisites of a contract which are the consent, object, and consideration. Classes of elements of a contract are also present in the video. First, the essential or those without which no contract can validly exist regardless of the intentions of the parties. Next, the natural or those that are presumed to exist in certain contracts. Lastly, the accidental or the particular stipulations, clauses, terms, or conditions established by the parties in their contract.
Section 1- Consent
Art. 1319 gives definition to consent, which is the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of one contracting party. On the other hand, offer means a proposal made by one party to another. It indicates a willingness to enter into a contract. Next, the acceptance or the manifestation by the offeree of his assent to all the terms of the offer. Counter-offer is also mentioned, which means rejection of the original offer and an attempt by the parties to enter into a contract on a different basis.
Art. 1320 talks about different forms of acceptance; express (oral or written) and implied (inferred from act or conduct).
Art. 1321 talks about the matters that may be fixed by the offerer. The person making an offer has the right to prescribe the time, place, and the manner of acceptance.
Art. 1322 talks about the communication of acceptance, which gives differentiation between offerer and agent. To offerer, the acceptance of the offer must be absolute. On the other hand, the agent is considered an extension of the personality of his principal.
Art. 1323 talks about when offer becomes ineffective. It would be ineffective upon death, insanity, civil interdiction (inability of a person to exercise his civil rights, ex: convicted in a crime), or insolvency of either party. There are other grounds which render offer ineffective, it can be failure to comply with the condition of the offer as to the time, place, and the manner of payment, or expiration, or the destruction of the thing due.
Art. 1324 gives definition to contract of option, option period, and option money. An option contract is one giving a person for a consideration a certain period within which to accept the offer of the offerer. Next, the option period or the time given to the offeree to accept the offer. The option money or the promised money to be paid in consideration for the option. It has a general rule that the offer may be withdrawn as a matter of right at any time before acceptance.
Art. 1325 talks about business advertisements generally not definite offers but merely invitations to the reader to make an offer.
Art. 1326 talks about advertisements for bidders is generally not definite offers but the one making the offer which the advertiser is free to accept or reject.
Art. 1327 talks about capacity to give consent is presumed. Mentioned in the video are the persons who cannot give consent and they are the unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to write.
Art. 1328 gives definition to lucid interval, which is the temporary period or sanity. Contracts entered into during a lucid interval is valid because a person who is insane will regain his sanity and, therefore can think clearly. On the other hand, drunkenness or hypnotic spell impair the capacity of a person to give intelligent consent that’s why it is considered as voidable.
Art. 1329 talks about modifications declared for incapacity such as when necessaries are sold and was delivered to a person unable to act, he must still pay the said price. Next, a minor may contract for life, health, and accident insurance and the beneficiary appointed is the minor’s estate. Additionally, a contract is valid if entered through a legal representative, and if the other party believed in the legal capacity of a person who misrepresented his age as well as if a minor voluntarily pays a sum of money and the oblige has spent it in good faith.
Art. 1330 talks about characteristics of consent. There is no valid consent unless it is intelligent, it is free and voluntary, or it is conscious or spontaneous. The different vices of consent are fraud or deceit, intimidation, violence, undue influence, and error or mistake where it makes the contract voidable.
Art. 1331 talks about the effect of mistake of account. A simple mistake does not a contract while the in gross mistake, a party cannot avoid liability on the ground of mistake.
Art. 1332 talks about burden of proof in case of mistake or fraud, the person enforcing the contract must fully explained the terms to the person who is unable to understand it.
Art. 1333 states that there is no mistake if the person accepting the contract knew the consequences or the risk affecting the contract.
Art. 1336 states that violence or intimidation may be employed by a third person.
Art. 1337 gives definition to undue influence which is the influence by which a person is induced to act otherwise than by their own free will.
Art. 1338 gives definition to casual fraud, which is the fraud employed at the time of the execution of a contract in order to secure consent. It has a requisite such as there must be misrepresentation of material fact, it must be serious, it must be employed by one of the contracting parties, must be made in good faith, must have induced the consent of the other contracting party, and it must be alleged and proved by clear and convincing evidence.
Art. 1339 talks about fraud by concealment where it constitutes if there is a failure to disclose facts, when there is duty to reveal them.
Art. 1340 talks about usual exaggerations in trade, which it is the natural tendency for merchants and traders to resort to exaggerations in their attempt to make a sale at the highest price possible.
Art. 1345-1346 gives definition to simulation of a contract, the act of deliberately deceiving others wherein a contract is either non-existent or concealed. There are two kinds of simulation of a contract the absolute simulation (when a contract does not really exist) and relative simulation (when the contract is different from their true agreement).
Section 2-Object of Contracts
Art. 1347-1348 talks about the object as the second essential element of a valid contract and may be things, rights, or services. The requisites of a thing as object of a contract is that it must be within the commerce of men, it must not be legally or physically impossible, it must be in existence or capable of coming into existence, and it must be determinate.
Section 3-Cause of Contracts
Art. 1350 gives definition to cause, the essential reason or purpose which the contracting parties have in view at the time of entering into the contract.
Art. 1351 gives definition to motive, the purely personal or private reason which a party has in entering into a contract.
Art. 1352-1353 states the requisites of cause such as, it must exist at the time the contract is entered into, it must be lawful, and it must be true or real.
Art. 1354-1355 talks about the presumption of contracts as to cause: every contract is presumed to have a cause, and every cause is valid.
Thank you for this lesson, Sir.
Aggabao, Princess Joy B.
1BSA-A
PNC
Good day Atty. here are my takeaways after reading the book and watching your video lecture, chapter 2 talks about the essential requisites of a contract namely consent, object and the cause. Section 1 provides the consent which is one of the requisites in making a contract, this is the conformity of wills and with respect to the contracts it is the arrangement of the wills of the contracting parties. Consent takes place when there is an offer and acceptance to the offer. (Art 1319) Acceptance may be made expressly or impliedly (Art 1320) Offerrer has the right to fixed the manner (Art 1321) there are three characteristics of a consent those are the intelligent of the contracting parties, their free will and concsious. The vices of consent which makes the contract voidable. First is the error or mistake in article 1331 mistake of fact refers to the lack of knowledge or ignorance of the parties that makes the subject of the thing, the conditions and the qualifications of a person become the root why there are mistakes. Simple mistakes shall give rise to its correction. Burden of proof is upon the party who enforce the contract because the presumption is that it is accepted by the person whi is unable to read with full knowledge and understanding, and this provision is an exemption to the presumption. (Art 1332) There is no mistake if the person has the knowledge of the risk (Art 1333) Mistake of law does not vitiate consent except when the error is mutual, there has a legal effect and the mistake of law frustrate the real purpose of the parties. (Art 1334) Second that vitiate consent is the violence and intimidation, which it wrest the consent through force and results in a well grounded fear. violence and intimidation may be made by the 3rd person (Art 1336) The third one is the undue influence which means that there is no real consent and there is no will in making desicion because of some circumstances like when it comes to the family, ignorant and financial distress. In article 1338 discuss Causal Fraud, that
it is committed by one party before or at the time of the celebration of a contract to secure the consent of the other. In article 1339 discuss Fraudd by concealment, it is the failure to disclose facts when there is duty to reveal them, it is equivalent to false representation.
Section 2 includes the second of the requisites of the contract is object in which it may be a thing, rights except transmissible and services. (Art 1347) Quantity of the thing need not to be determinate but it is sufficient enough to be determinable without the need of new contract (Art 1349)
Section 3 is the cause, the last requisites needed to produce a valid contract. This is the reason why you would assume an obligation. Three classifications are the onerous(Service,prestation,promise of a thing) renumeration(service and benefit) gratuitous(liberality) (Art 1350) Motive is different from cause because motive is personal to the parties. (Art 1351) Presumption is that all cause is lawful and existing.
Thank you.
Melendrez, Ella Grace G.
1BSA-A
Below are the summary of my learnings:
Article 1318. This article refers to the requisites of contract which are consent, object and consideration.
It also includes the classes of elements of a contract.
SECTION 1 - CONSENT
Article 1319. Consent means conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party. Also, it is considered as an invalid offer if the offer was made in jest, anger, or when emotionally upset.
Article 1320. Acceptance can be expressed or implied.
Article 1321. The one who has the right to prescribe the time, place, and the manner of acceptance is the person who makes the offer.
Article 1322. The article talks about the communication of acceptance. To offerer, acceptance must be absolute. On the other hand, an agent is considered as an extension of the personality of the principal.
Article 1323. Offers become ineffective upon death, insanity, civil interdiction, and insolvency of either party.
Article 1324. An option is the privilege given to the offeree to accept an offer within a certain period.
Article 1325. Business advertisements are an invitation to the reader to make an offer.
Article 1326. As a general rule, the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears.
Article 1327. The capacity to give consent is presumed.
Article 1328. Lucid interval refers to the temporary period of sanity.
Article 1329. The article discusses the modification declared for incapacity and other disqualifications.
Article 1330. Intelligence, free and voluntary, and conscious and spontaneous are the characteristics of consent.
Article 1331. Mistake is the false notion of a thing or a fact material to the contrary.
Article 1332. The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract.
Article 1333. If the person is aware about the risk affecting the contract and still accepts it, it is presumed that he is willing to take chances or risk. Thus, there is no mistake.
Article 1334. Mistake of Law arises from ignorance of some provision of law or from the erroneous interpretation of its meaning.
Article 1335. Violence requires the employment of physical force.
Article 1336. Violence or intimidation may be employed by a third person.
Article 1337. Undue influence overpowers the mind of a party to prevent him from acting understandingly and voluntarily.
Article 1338. Causal fraud is committed by one party before or at the time of the celebration of contact to secure the consent of the other.
Article 1339. Fraud by concealment equates false representation.
Article 1340. Usual exaggeration in trade is not fraudulent since the seller is normally expected to be exaggerated to make a sale at the highest price possible.
Article 1341. The general rule is that a mere expression of an opinion does not signify fraud.
Article 1342. The article is all about the fraud by a third person.
Article 1343. If the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error.
Article 1344. When fraud is employed by both parties, neither may ask for annulment as the fraud of one neutralizes that of the other. In such a case, the contract is therefore valid.
Article 1345 - 1346. Simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. There are two kinds of simulation, absolute and relative.
SECTION 2 - OBJECT OF CONTRACTS
Article 1347 - 1348. Object is the second essential element of a valid contract. As a general rule, all things, or services, or rights may be the object of a contract.
Article 1349. The fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence.
SECTION 3 - CAUSE
Article 1350. Cause (Causa) is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts.
Article 1351. The motive refers to the purely personal or private reason which a party has in entering into a contract.
Article 1352 - 1353. The requisites of Cause are it must exist at the time the contract is entered, lawful, and true or real.
Article 1354 - 1355. Presumption in contracts as to cause is that every contract is presumed to have a cause and the cause is valid.
Thank you, Atty. for the informative video lecture!
Vapor, Jan Avriel R.
1BSA - B
Pamantasan ng Cabuyao
Good evening, Atty! Here are my notes & summary from this video:
Art. 1318 - Three requisites of a contract: Consent, object and cause or consideration. there are also classes of elements of a contract: Essential (pertaining to the requisites), where it is subdivided into common and special, Natural, where a contract is presumed to exist, unless it is expressly stipulated by the contrary, Accidental, occurring if there was a stipulation for certain reasons such as clarifying, restricting or modifying.
Art. 1319 - Consent is the agreement of one contracting party's will with that of another/others, and it is the conformity of wills (offer and acceptance).
Art. 1320 - states that acceptance may be express in the form of an agreement to pay through oral or written communication, or implied which is determined from an act or behaviour.
Art. 1321 - states that the person or party who made the offer has the right to prescribe the time, place, and the manner of acceptance.
Art. 1322 - refers to a contract involving an agent. To the offerer, acceptance of the offer must be absolute. In terms of the agent, he is regarded as an extension of his principal's personality.
Art. 1323 - discusses offers that become ineffective due to death, insanity, civil interdiction, or insolvency of one party.
Art. 1324 - The general rule stipulated is that an offer may be withdrawn at any moment prior to acceptance.
Art. 1325 - Advertisement for bidders are just an invitation to make the proposals, but not the offer itself
Art. 1326 - states that this does not give advertisers the right to accept the highest or lowest bidder. It talks about the advertisement for bidders which is also generally not definite offers. The advertiser is not the one who makes the offer in this case. Since the bidder is the one who makes the offer, the advertiser has the option to accept or reject it.
Art. 1327 - about the persons who cannot give consent.
Art. 1328 - Contracts made during a lucid interval is valid. However, if it was agreed in state of drunkenness or hypnotic spell, the contract is therefore voidable.
Art. 1329 - Refers to the modifications declared for the incapacity. Their consent could be vaild if it concerns Necessaries, Life, Health and Accident Insurance etc.
Art. 1330 - states the characteristics of the consent. It must be intelligent, Free and Voluntary, and Conscious and Spontaneous. Therefore, if a contract is made through a mistake, violence, threat, undue influence or fraud, then it will be voidable.
Art. 1331 - defines a mistake as a distinct assumption of a thing or a substantial fact.
Art. 1332 - “The person enforcing the contract has the burden of establishing that the agreement is clarified to the party who is unable to read or understand the language chosen”.
Art. 1333 - Accepting the contract with awareness of the risk is considered NO MISTAKE for it is presumed that he is willing to take the risk or chances.
Art. 1334 - states that a mistake of law that does not invalidate a consent, for it arises from an ignorance of some provision of law or erroneous interpretation of its meaning, which is not an excuse in compliance.
Art. 1335 - refers to the presence of violence or threat in order to compel the other party to agree with the offer/contract. There are requisites to consider if there is a threat happening which will void the contract.
Art. 1336 - the involvement of a third person to induce threat or violence to the party which will still annul the obligation despite of not taking part in the contract.
Art. 1337 - refers to the undue influence to the other party in order to accept the proposal. There are circumstances to be considered in this aspect; (1) confidential, family, spiritual or any relations between parties, (2) Mental weakness, (3) ignorance, and (4) financial distress
Art. 1338 - Causal Fraud occurs when one part commits fraud in completion of a contract. The requisites of causal fraud is clearly stated in this article.
Art. 1339 - pertains to deception by hiding or omitting to disclose facts when there is a legal requirement to do otherwise.
Art. 1340 - mentioned situations that should not be regarded fraudulent.
Art. 1341 - general rule: mere statement of an argument doesn't quite constitute fraud
Art. 1342 - when a fraud is instigated by a third person therefore presumed that both parties are acting in good faith. If the mistake is insubstantial, it won’t annul the contract. Otherwise, it may be annulled principally on the ground of mistake.
Art. 1343 - If a fraud is made in good faith hence not intentional, it is considered a mistake and is voidable on ground of mistake.
Art. 1344 - states the effects of two different fraud. If due to a causal fraud, the effects would be annulment of contract and payment of damages, while for incidental fraud, there would only be a liability for damages as an effect. However, if both parties employed fraud, the fraud will neutralize the other, therefore the contract will still be valid.
Art. 1345-1346 - The simulation of a contract is discussed. Absolute Simulation occurs when a contract does not exist in the first place and the parties do not seek to be obligated in any way. When the parties' contract differs from their genuine agreement, this is known as relative simulation.
Art. 1347-1349 talks about the object which is known as the second essential element of a contract.
Art. 1350-1355 pertains to the cause (causa) and its requisites.
Cas, Jeddah Mae C.
1 BSA-A
Good Day Atty. These are what i've learned through watching the video. It is summarized based on my understanding on each part.
Article 1318 - This article states that there would be no contract except that the following requisites concur, these are consent, object and the cause of the obligation. It also speaks of the classes of elements of a contract which are (a) essential elements also known as requisites of a contract that means no contract can validly exist regardless of the intention of the parties, (b) natural elements that are presumed to exist in certain contracts and (c) accidental elements or particular stipulations, clauses, terms or conditions that are being established by parties in the contract.
Section 1-Consent
Article 1319 - It speaks of the consent which means the conformity or concurrence of wills to respect the contract, it is also an agreement of will of both contracting parties. Offer is the proposal made by the offerer to the offeree and acceptance which is the manifestation by the offeree. The counter-offer is the rejection of the original offer and an attempt to enter into a contract in a different basis. The offer that are made in jest, out of anger or when emotionally upset the it is not valid offer.
Article 1320 - It speaks of the different form of acceptance that can be through express which may be oral or written and implied that are inferred from an act or conduct
Article 1321 - This article states that that person who are making the offer has the right to prescribe the time, place and the manner of acceptance.
Article 1322 - It speaks about the communication of acceptance; to offerer, acceptance must be absolute and to agent, it is considered as an extension of personality of the principal
Article 1233 - This article states thatl the offer becomes ineffective upon the death of an offerer, insanity, civil interdiction which means an accessory penalty that are being imposed by the court of law when a person is convicted of a crime that are more than of 12 years imprisonment and insolvency of either party .
Article 1324 - It speaks about the option contract or agreement giving a person for a consideration a certain period within or a person upon payment of consideration can exercise his right to accept the offer within a certain period of time.The option period is the period being given within which the offeree must accept the offer. Option money is the money paid of promised to be paid in consideration for the option. The option is the privelege to the offeree to accept an offer within a certain period, general rule is that it can be withdrawn as a matter of right any time before the acceptance.
Article 1325 - This article talks about the business advertisements that are generally not definite offers and an invitation to the reader to make an offer
Article 1326 - This article talks about the bidders, the advertisement for bidders are not definite offers and the bidders are the one who are making the offer which the advertiser are free to accept or reject.
Article 1327 - It states that that capacity to give consent is presumed. There are certain person that cannot give consent, these are the unemancipated minors, insane or demented person, deaf-mutes that do not know how to read and write however if deaf-mutes does know how to read and write then he can enter into such contract. The reason for their disqualification is that due to them being easily be the victims of fraud that are not capable of understanding the import of their actions.
Article 1328 - This article speaks about the contract entered into lucid interval or temporary period insanity are valid which is an exemption to the given in article 1327 which is the insane.
Article 1329 - It speaks about modifications declared for incapacity which are (a) necessaries which if the necessaries or necessity was being sold or delivered to a non-capacity person, he must still pay a reasonable price, (b) life, health and accident insurance which beneficiary must be the minor's estate, (c) if entered into a guardian or a legal representative, (d) if other party misinterpreted the age and believe that he is of a legal capacity and (e) minor voluntarily pays a sum of money
Article 1330 - This article speaks about the characteristics of consent which must be intelligent, free and voluntary, conscious and spontaneous. There are also different vices of consent which are the fraud or deceit, intimidation or threat, violence o force, undue influence and mistake or error.
Article 1331 - This article speaks of mistakes which are false notion of a thing or a fact material to the contrary. The mistake of fact may arise from ignorance of lack of knowledge while mistake of law is a substantial mistake of fact.
·It does not invalidate a contract if it is only a simple mistake however if it is gross then the party cannot avoid liability
Article 1332 - This article states that whoever the person or parties tries to enforce the contract then he has the burden to prove that he explained it well to the person who are unable to read or cannot understand.
Article 1333 - This article states that if a person or a party is aware about the risk and still accept it, it is presumed that he are willing to take the risk, therefore there are no mistake.
Article 1334 - This article speaks about mistakes of law which arises from ignorance of provision of law or an erroneous interpretation of its meaning, its effect does not invalidate consent.
Article 1335 - It speaks about violence which requires employment of physical violence
Article 1336 - It states that violence or intimidation may be employed by a third person
Article 1337 - This article states that undue influence is an influence of a kind that so overpowers the mind of a party, these are the circumstances that must be considered which are confidential, family, spiritual, and other relations between parties, mental weakness and ignorance
Article 1338 - It speaks about causal fraud committed by one party before or at the time of the celebration of contract
Article 1339 -This article talks about fraud concealment which is a failure to disclose facts when there is duty to reveal them. It is also equivalent to false representation
Article 1340 - This article speaks about usual exaggeration in trade which it is not fraudulent since the seller is normally expected to exaggerate at setting high prices to make sales.
Article 1341 - This article states that a mere expression of an opinion does signify fraud
·The requisites for exception must be made by an expert, the other party has relied on the expert's opinion and the opinion turned out to be false.
Article 1342 - This article talks about fraud by a third person
·If the mistake is insubstantial it does not annul the contract however if the mistake is substantial then it may annul the contract principally on the ground of mistake
Article 1343 - It talks about the fraud made in good faith, it is considered a mistake or error if the misinterpretation is not intentional and was made in good faith
Article 1344 - This article talks about causal fraud which the effect is an annulment of the contract and subject to damages; incidental fraud will not be a ground for an annulment of a contract however it is subject to liability to damages
·If the fraud is employed by both parties then neither of them may ask for annulment therefore the contract is valid
Article 1345 - 1346
-It talks about simulation of contract which means an act of deliberately deceiving others, there are two kinds of simulation which are absolute simulation or fictitious contract that contract does not exist at all and parties do not intend to be bound at all and relative simulation that the contract entered by both parties are different from their true agreement
Article 1347 - 1348
-It talks about an object which is the second essential element for a valid contract
·The requisites of thing as object of a contract must be within the commerce of men, not be lagally or physically impossible, in existence or capable of coming into existence and could be determinate or indeterminate
·General Rule: All things or services or rights may be the object of a contract
·Exceptions: In transmissible rights by their nature, or by stipulation or of provision of law, things outside the commerce of man, impossible things or services, future inheritance except in cases expressly authorized by law, object which are not possible of determination as to their kind
Article 1349 - This article states that when a quantity has not been stipulated by the parties then it is not a reason to annul or avoid the contract
Section 3: Cause
Article 1350 - This article talks about cause or causa, it is essential or more proximate purpose which the contracting parties have in view
Article 1351 - It speaks about motive which refers to the purely personal or private reason which a party has into entering a contract
Article 1352 - 1353
-It talks about the requisites of cause which must exist at the time the contract has entered, it must be lawful, and it must be true and real
Article 1354 - 1355
·Every contract is presumed to have a cause and is valid
Geminiano, Hanna Rian T.
1BSA-A
Good day Atty.! Here is the summary of my learnings for this video lecture:
Art. 1318 - I learned the three requisites of a contract: consent, object, and consideration.This article also talked about the classes of elements of a contract: essential, natural, and accidental.
Art. 1319 - I learned that consent means conformity or concurrence of wills and with respect to contracts it is the agreement of will of the contracting party. The term offer is a proposal made by one party to another. Acceptance is themanifestation by the offeree of his assent to all the terms of the offer. Lastly, counter-offer is the rejection of the original offer and an attempt by the parties to enter into a contract on a different basis.
Art. 1320 - This article is about the forms of acceptance:
1. Express - oral or written
2. Implied - inferred from act or conduct
Art. 1321 - This article stated that the person making the offer has the right to prescribe the time, place, and the manner of acceptance.
Art. 1322 - This article pertains to the communication of acceptance for the offeree and the agent.
Art. 1323 - This article states the situations wherein an offer becomes ineffective. They are: death, insanity, civil Interdiction, and insolvency of either party. It also stated the other grounds which render offer ineffectiveness.
Art. 1324 - This article tackled the definition of option contract, option period, option money, and option. Its general rule is that the offer may be withdrawn as a matter of right at any time before acceptance.
Art. 1325 - stated that business advertisements generally not definite offers and are invitation to the reader to make an offer.
Art. 1326 - stated that advertisments for bidders are not definite offers. Bidders are the one making the offer which the advertiser is free to accept or reject. The general rule is that the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears.
Art. 1327 - I learned that the capacity to give consent is presumed. Persons who cannot give consent are unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to write.
Art. 1328 - It is about lucid Interval which is the temporary period of sanity and drunkenness and hypnotic spell which impair the capacity of the person to give intelligent consent.
Art. 1329 - this pertains to the modifications declared for incapacity and other special disqualifications provided by law.
Art. 1330 - this article contains the characteristics of consent which are: intelligent, free and voluntary, conscious and spontaneous. Vices of Consent are also tackled in this article.
Art. 1331 - This article contains the definition of mistake, mistake of fact and mistake of law. I also learned about the effects of simple and gross mistakes.
Art. 1332 - stated that the burden to prove that the contract is well explained to the person who is unable to read or cannot understand the language used, is the person enforcing the contract.
Art. 1333 - If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is no mistake.
Art. 1334 - This article discussed the definition, effect and reason of mistake of law.
Art. 1335 states that violence requires the employment of physical force. It also stated the requisites of violence.
Art. 1336 states that violence or intimidation may be employed by a third person.
Art. 1337 - Thus article is about undue influence. It is influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to fo what he would have done if he had been left to exercise freely his own judgement and discretion.
Art. 1338 - This article pertains to the definition of causal fraud and its requisites.
Art. 1339 is about fraud by concealment which is the failure to disclose facts when there is duty to reveal them and is equivalent to false representation.
Art. 1340 stated that usual exaggerations in trade is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible.
Art. 1341 -The general rule of this article is that a mere expression of an opinion does not signify fraud except when it must be made by an expert, the other party has relied on the expert's opinion, and the opinion turned out to be false.
Art. 1342 states that in fraud by a third person, the presumption is that both contracting parties are acting in good faith.
Art. 1343 is about fraud made in good faith. If the mispresentation is not intentional but made in good faith, it is considered a mere mistake or error.
Art. 1344 is about the effect of causal fraud and incidental fraud to a contract. When fraud is employed by both parties, neither may ask for annulment as the fraud of one neutralizes that of the other. In such case, the contract is therefore valid.
Art. 1345-1346 states that simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent of concealed.
Art. 1347- 1348 talk about object which is the second essential element of a valid contract. It may be things, rights or services. It also discuss the requisites of thing as object of contract.
Art. 1349 stated that the fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence.
Art. 1350 states that Cause or causa is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts.
Art. 1351 discussed that Motive is the purely personal or private reason which a party has in entering into a contract.
Art. 1352 - 1353 - is about the requisites of cause. First, it must exist at the time the contract is entered. Second, it must be lawful. And lastly, it must be true or real.
Art. 1354 - 1355 stated that presumption in contracts as to cause: Every contract is presumed to have a cause and that the cause is valid.
Fernandez, Patricia Jainah M.
1BSA-A
Good Day, Atty. I would like to thank you for uploading videos that helps us learn and get to know more the Law on Obligations and contracts that would help us for building the knowledge in the time the students you teach would face the world and become successful CPAs.
Article 1318:
Contracts have 3 requisites which are:Consent, Object and Consideration. There are classes of elements of a contract, they are: essential, natural and accidental.
Article 1319:
Consent is the conformity of will and with respect to contracts. Offer is a proposal made by one part to another to enter into a contract. Acceptance is the manifestation by the offeree of his assent to the terms of the offer.
Article 1320:
An express acceptance may be oral or written while the implied acceptance is inferred from act or conduct.
Article 1321:
The person making the offer may prescribe the time, place, and the manner of acceptance. An offer is terminated when it is rejected by the offeree. Counter-offer has the effect of extinguishing the offer.
Article 1322:
The acceptance of the offerer must be absolute and may either express or implied subjects to the terms of the offer. An agent is considered an extension of the personality of his principal, if the offer is made through the agent and the acceptance is communicated through him.
Article 1323:
An offer became ineffective because of death, civil interdiction, insanity or insolvency of either party before acceptance is conveyed.
Article 1324:
Option contract means it gives a person consideration for a certain period and under specified conditions within which to accept the offer while offer refers to the privilege itself given to the offeree to accept the offer within a certain period. Option period is the period given within which the offeree must decide whether to accept or not; option money is the money paid as a distinct consideration for an option contract. Offer may be withdrawn as matter of right at any time before acceptance. The exception is when the option is founded upon a separate consideration.
Article 1325:
Business advertisements of things for sale are not definite offers. Merely invitations to the reader to make an offer or only as proposals.
Article 1326:
Adviser is not bound to accept the highest or the lowest bidder unless the contrary appears.
Article 1327:
This provision defines on the contrary who no capacity by which it can be inferred that capacity which exists in those of whom the law has not denied it. There is no effective consent in law without the capacity to give such capacity. The persons who cannot give consent are unemancipated minors, insane persons and deaf-mutes.
Article 1328:
Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable.
Article 1329:
The persons enumerated under Article 1327 incapacitated to give consent to contracts due to their lack of mental capacity to do so. They are either deaf-mutes, insane or demented. On the other hand, the special disqualifications mentioned in Article 1329 refer to those explicitly disqualified by law from entering certain contracts.
Article 1330:
This provision also applies to the wills or donation or even in the recognition of a illegitimate children, could also be vitiated by these cause. It enumerates in a negative manner the different requisites of consent.
Article 1331:
Mistake or error is the false notion of a thing or a fact material to the contract. Mistake may be of fact or of law. The mistake contemplated by law is substantial mistake of fact, that is, the party would not have given his consent had he known of the mistake.
Article 1332:
In the law of evidence, it is presumed that “a person intends the ordinary consequences of his voluntary act; or a person makes ordinary care of his concerns”. The burden of proof is shifted now to the party who is enforcing the agreement. He must prove that the document was fully explained to the party alleging fraud or mistake. Failure to rebut the presumption will sustain the charge of fraud or mistake.
Article 1333:
It is to be assumed here that the party was willing to take the risk. This is particularly true in contracts which re evidently aleatory in nature.
Article 1334:
It is the fundamental rule in contracts that although the cause or consideration is not expressly stated, yet it is presumed that it exists and that same is lawful. Whoever alleges want of consideration, or that it does not exist or that it is unlawful shall have the burden of proof to establish the same.
Article 1335:
Violence is an external and physical force or compulsion exerted upon a person to prevent him from doing something or compelling him to do an act. There is physical force employed which is serious or irresistible such that the victim is left without any choice but to submit. The physical force employed is the determining cause in the giving of the consent.
Article 1336:
Violence or intimidations executed by a third person who was not in the party entered the contract, the agreement is null and void.
Article 1337:
Undue influence occurs when one party to a transaction is able to influence the decisions of another party to the transaction. Undue influence gives one party an advantage over another. In some cases, a party that is the victim of undue influence may be able to void a contract he or she signed while under the effects of that influence.
Article 1338:
This article does not define fraud but merely states that there is fraud if a person is induced to enter into a contract through insidious words or machination of another. Fraud is every kind of deception or misrepresentation designed or schemed to lead a party into substantial mistake or error, and relying thereon, he executes a particular act leading to his damage or prejudice. Fraud is a deception to gain consent, without necessarily constituting estafa or a felony.
Article 1339:
A neglect or failure to communicate or disclose that which a party to a contract knows and ought to communicate constitutes concealment. Injured party may rescind or annul the contract whether the disclosure of facts is intentional or unintentional as long as it is a duty to reveal them and it is misleading or deceiving to a party entering into the contract.
Article 1340:
It is the natural tendency for merchants and traders to resort to exaggerations in their attempt to make a sale at the highest price possible. Customers are expected to know how to take care of their concerns and to rely on their own independent judgment.
Article 1341:
An opinion of an expert is like a statement of fact, and if false, may be considered as a fraud giving rise to annulment. When the expert, however was employed by the party who was misled, he cannot ask for annulment, because he is chargeable with the acts and declaration of his employees.
Article 1342:
Generally, the misrepresentation of fraud employed by a third person does not vitiate consent, Except: When there is a connivance between the third person and one of the contracting parties and when it has created substantial mistake on both parties.
Article 1343:
If the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error.
Article 1344:
Two requisites for fraud as a ground for annulment are given in this Article: The fraud must be serious; the parties must not be in pari delicto (mutual guilt), otherwise, neither party may ask for annulment. The contract would, therefore, be considered valid.
Article 1345:
A contract simulation might be absolute or relative. When the parties do not intend to be bound at all, the former occurs; the latter occurs when the parties conceal their genuine agreement.
Article 1346:
Simulation of a contract is the deliberate act of making a fictitious agreement by the parties for the purposes of deception, when in fact the juridical act that appears on the contract does not really exist or is different from what is actually agreed upon. Simulation takes place when the parties do not really want the contract they have executed to produce the legal effects expressed by its wordings.
Article 1347:
A contract can be made for anything that isn't outside of men's commerce, even future goods. Contracts can be made with any rights that are not intransmissible. Except in instances expressly recognized by law, no contract may be entered into on the basis of future inheritance. All services that are not in violation of the law, morals, good traditions, public order, or public policy may be contracted for.
Article 1348:
Object certain is the second essential element of a valid contract. The object may be things, rights or services.
Article 1349:
Once the object is determinate or a specific thing no need for a new or further agreement between the parties, but when the obligation consists in the delivery of a generic or indeterminate thing, whose Quality and circumstances have not been stated, article 1246 governs.
Article 1350:
In onerous contracts something is given or promised as a consideration for the engagement or gift, or some service, interest, or condition is imposed on what is given or promised, although unequal to it in value. Remuneratory Contracts is one where a party gives something t o another because of some service or benefit given or rendered by the latter to the former. Gratuitous Contracts- are essentially agreements to give donations, Generosity or liberality is the cause of such contracts,
Article 1351:
The cause of a contract is the objective and juridical reason for the establishment of a contract and is always the same. while motive is the psychological or personal purpose of a party in getting the object and differs with each person. Each party may have his own personal reasons or motives in entering into a contract. Motive or even with illegal motives does not affect the validity of the contract.
Article 1352:
A contract of sale is null and void if there is no CAUSE or CONSIDERATION. Cause of Contract is the purpose of the contract. Illegality of Cause arises when the same is contrary to law, morals, public order, good customs or public policy.
Article 1353:
Void contracts cannot be ratified, but based on Article 1353, as long as it can be proven that another cause that is true and lawful supports it, then the contract will still have a valid cause to sustain it.
Article 1354:
In the event that the contract does not state its cause, it must be presumed that the cause exists and is lawful. This presumption, though, is rebuttable. If the debtor can prove otherwise, the existence of the cause, or its legality can be questioned.
Article 1355:
The effect of lesion or inadequacy of cause when it resulted from fraud, mistake or undue influence is that the lesion became a good ground for rescission of the contract.
Evangelista, Shane G.
1BSA-A
Here are some of my takeaways in this video lecture; The video lecture is about the essential requisites of Contracts.
It talks about the essential requisites of a contract, which are the consent, the object, and the cause.
Consent is the conformity or concurrence of wills and with respect to contracts. 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.
The object of a contract is its subject matter, it may be said that the thing, service, or right which is the subject of obligation is also the object of a contract.
Cause of a contract is the essential reason or purpose of the contracting parties. The distinction of the object and cause of a contract is only a matter of viewpoint.
Absence or impossibility of any of the essential requisites of a contract makes a contract null and void.
Vincent N. Abella 1BSA-B
Good day Atty.
In this video, I learned that there are three requisites of a Contract, the consent,
object, and consideration. There are also three different classes of element of a
contract, which are essential, natural, and accidental, essential if no contract can
validly exist regardless of the parties' intensions, natural if presumed to exist in
certain contracts, and accidental if particular stipulations, clauses, terms, or
conditions established by the parties in their contract.
In article 1319, it states that the Consent is conformity or concurrence of wills and with
respect to contract, it is the agreement of the will of the contracting party.
Then Offer means proposal made by one party to another. Acceptance which means
manifestation by the offeree of his assent to all the terms of the offer. Conter-offer
means rejection of the original offer and an attempt by the parties to enter into a
contract on a different basis. The article also states that offer made in jest, anger,
or when emotionally upset is not a valid offer. In article 1320 discuss the forms of
Acceptance, express if oral or written, and implied if inferred from act or conduct.
In article 1321 states that the person making the offer has the right to prescribe
the time, place and the manner of acceptance. In article 1323 states that offer
becomes ineffective upon death, insanity, civil interdection, and insolvency of
either party.
In Article 1324, it discuss the Option Contract, it is giving a person for a
consideration a certain period within which to accept the offer of the offerer.
Then Option Period, it is the period given within which the offeree must accept the
offer. Option Money, it is the money paid or promised to be paid in consideration for
the option. Additionally, Option refers to the privelege given to the offeree to
accept an offer within a certain period. The general rule in the article is the offer
may be withdrawn as a matter of right at any time before acceptance. In article 1327,
discuss the persons who cannot give consent, these are the unemancipated minors,
insane or demented persons, and deaf-mutes who do not know how to write.
In article 1330, it states the three characteristics of consent, which are intelligent,
free and voluntary, and conscious and spontaneous. Intelligent if there is capacity
to act, free and voluntary if no violence and intimidation, conscious and spontaneous
if no mistake, undue influence, or fraud. In article 1338 discuss Causal Fraud, that
it is committed by one party before or at the time of the celebration of a contract
to secure the consent of the other. In article 1339 discuss Fraudd by concealment,
it is the failure to disclose facts when there is duty to reveal them, it is
equivalent to false representation.
In Article 1347 discuss Object, it is the second essential element of a valid
contract. It may be things, rights, or services.
In Article 1350-1355 discuss Cause, it is the essential or more proximate purpose
whichthe contracting parties have in view at the time of entering into the contracts.
Motive, the purely personal or private reason which a party has in entering a
contract.
Alcain, Allyssa Grazielle S.
1BSA-B
Good Day! Here are my takeaways from this video lecture:
•Article 1318
- this article provides the essential requisites of a contracts. The essential requisites are consent, object, and consideration. Under this provision, it was also discussed the different classes of elements of a contract. They are:
1. Essential- it means that no contracts can validly exist regardless of the intention of the parties. These are known as the requisites of a contract.
2. Natural- it is presumed to exist in contracts.
3. Accidental- these are the stipulation, clauses, terms, or condition established by parties.
•Article 1319
- this provides for the definition of consent as one of the three requisites of a contract. Consent is defined as the agreement of the will of the contracting party. It shows conformity or concurrence wills of the people involved. In addition to that, it also provides the definition of the terms, offer as a proposal made by one to another and acceptance as the manifestation by the offeree of his assent to all the terms of the offer. Offer made in anger or when emotionally upset is considered not valid.
•Article 1320
- provides the forms of acceptance such as express, whether written or oral. Implied, if inferred from act or conduct.
•Article 1321
- it says that the person making the offer has the right to prescribe the time, place, and the manner of acceptance.
•Article 1322
- discusses the communication of acceptance to the offerer which has to be absolute and to the agent which is considered as an extension of personality of the principal.
•Article 1323
- discussed when the offer becomes ineffective. First, the death of the offerer or offeree. Second is the insanity, third is the civil interdiction which means the inability of a person to exercise his civil rights. Lastly, the insolvency of either party. Also, it discussed the other ground which renders the offer ineffective. First, the failure to comply with the condition to offer as to time, place, and manner, and second is the expiration.
•Article 1324
- is an option contract which is an agreement which gives a person a consideration for a certain period within which to accept the offer. There is also an option period wherein a person is given a time which offeree must accept the offer. as well as option money which is the money paid or promised to be paid in consideration for the option. As consent is one of the contract's requisites.
•Article 1325
- states that capacity to give consent is presumed. However, unemancipated minors, insane and deaf-mute who do not know how to write are the persons are restricted to give consent.
•Article 1326
- it gives clarification that advertiser’s duty is only to accept or to reject offer made by the bidder.
•Article 1327
- it states individuals who cannot give consent to a because of lacking capability to understand are:
1. Person who is considered minors (below 18 years old)
2. Insane or demented persons
3. Deaf-mutes who do not know how to write.
•Article 1328
- is a contracts made during a lucid interval is valid. However, if it was agreed in state of drunkenness or hypnotic spell, the contract is therefore voidable.
•Article 1329
- Refers to the modifications declared for the incapacity. Their consent could be vaild if it concerns Necessaries, Life, Health and Accident Insurance etc.
•Article 1330
- states the 3 characteristics of consent which are intelligent (capacity to act), free and voluntary (no violence and intimidation), and conscious and spontaneous (no mistake, undue influence, or fraud). Fraud or deceit, intimidation or threat or duress, violence or force, undue influence, and mistake or error are considered as the vices of consent.
The requisites of intimidation or threat are reasonable, well-grounded evil, imminent and grave, upon his person or property or his spouse, descendants, or ascendants,
•Article 1331
- is all about mistake, mistake of fact, and mistake of law. Mistake are false notion of a thing. Mistake of fact arise from ignorance, and mistake of law is a substantial mistake of fact. Mistake can be simple or gross. If it is simple, the effect does not invalidate a contract. If it is gross, party cannot avoid liability on the ground of mistake.
•Article 1332
- it says that when one party is unable to read the terms and conditions must be explained by the former.
•Article 1333
- it states that if a party accepted the risk regarding the contract, then that party cannot allege mistake.
•Article 1334
- talks about when a person is ignorant about the law.
•Article 1335
- it speaks about violence which requires employment of physical violence.
•Article 1336
- states that violence or intimidation may be employed by a third person.
•Article 1337
- states the indue influence is when a person take advantage his power over the will of another. And the following are the circumstances to be considered if there is an Indue Influence:
1. Confidential, family, spiritual, and etc.
2. Mental Weakness
3. Ignorance
•Article 1338
- states that the causal fraud committed by one party before or at that time of the celebration of contract to secure the consent of the other.
•Article 1339
- is a fraud by concealment it is a failure to disclose facts when there is duty to reveal them.
•Article 1340
- this article speaks about usual exaggeration in trade which it is not fraudulent since the seller is normally expected to exaggerate at setting high prices to make sales.
•Article 1341
- it states that a mere expression of an opinion does signify fraud. The requisites for exception must be made by an expert, the other party has relied on the expert's opinion and the opinion turned out to be false.
•Article 1342
- this article talks about fraud by a third person
·If the mistake is insubstantial it does not annul the contract however if the mistake is substantial then it may annul the contract principally on the ground of mistake.
•Article 1343
- states about the fraud made in good faith, it is considered a mistake or error if the misinterpretation is not intentional and was made in good faith.
Vesliños , Hannah Camille C.
1BSA-A
Pamantasan ng Cabuyao
Chapter 2: Essential Requisites of Contract
General Provisions
Article 1318: There is no contact unless the following requisites concur:
1. Consent
2. Object
3. Consideration
In this Chapter a valid contract is one of the manifest all the essential of a contract. Consent is a conformity or concurrent of wills end with respect to contract of the contracting party. Offer is a proposal made by one party to another on the other hand acceptance is a manifestation by the offeree ofh his assent to all terms of offer.
Article 1320: Forms of Acceptance
There are two form of accept which are express and implied. Express means oral or written while implied deals with inferred from act or conduct. Acceptance must be absolute.
Article 1324 lay down the general rule regarding offer a d acceptance.
Option Contract is an agreement which give a person or consideration in a certain within which to accept the offer of the offeree.
Option money is a money paid or promited to be paid by consideration. Option can also given to the offeree to accept an offer within a Cera period. As a general rule the offer may be withdrawn aa a matter of rights at any time before acceptance.
Article 1327 The following cannot give consent to a contract including ;
1. Minor age below 18
2. Insane or demented persons
3. Deaf-mutes who do not capable to read and write
the reason for disqualification is that those person can be easily victim of fraud as they are not capable to understand or knowing the important of their actions.
Article 1331: Mistake as to the indentity or qualifications of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. A simple mistake of account shall give rise to its correction. Mistake or error is the false notion of a thing or a fact material to the contract but not every mistake will vitiate consent and make a contract voidable. Mistake vany be unilateral when only party is mistaken about a material fact, or bilateral when both parties are in error. Mistake of law does not generally vitiate consent but when there is a mistake on a doubtful question of law on construction or application of law, this analogous to mistake of face and maxim of no proper application.
Article 1338 Casual Fraud: Committed by one party before at the time of the celebration of contract to secure the consent of the other . Under of this article there are also requisites must be present to become valid. First, it must be serious. Second, it must have been employed by only one of the contracting parties. Then, it must be made in bad faith. Follow by, it must have been induced the consent of the other contracting party. Lastly, it must have be a ledge and proved by clear and convincing evidence.
Article 1343 Fraud in Good Faith: Misrepresention made in goof faith in not fraudulent but may constitute error. The effect of this is the thing become voidable on the ground of mistake.
Article 1345-1346 Simulation of a contract: Is and act of deliberately deceiving others by feigning or pretending by agreement the appearance of a contract which is either non-existent or concealed. The two kind of simulation is the absolute and relative . Absolute means it doesn't exist and the parties do not intend to be bound. On the other hand, relative is when a party is different from their agreement entered into a contract.
Article 1347-1348 Chapter 2 Object of Contract . Under of this there is a requisites that be present and those are
1. Within the commence of men
2. not be legally or physically impossible
3. in existence of capable or coming into existence
4. it must be determinated
As a general rule all things or services or right maybe the object of a contract.
Chapter 3 Form of Contract is an essential of more proximate purpose which the contracting parties have in view at the time of entering into a contracts. In this Civil Code term for consideration in Anglo American or common law.
Tenorio, Jeane Antonette E.
1BSA−B
Pamantasan ng Cabuyao
Here are my notes from this video:
Article 1318
Requisites of a contract:
1. Consent
2. Object
3. Consideration
Classes of elements of a contract:
1. Essential- no contract can validly exist regardless of the partners’ intentions
2. Natural- presumed to exist in certain contracts
3. Accidental-particular stipulations, clauses, terms, or conditions established by the parties in their contract
Article 1319. Consent is conformity or concurrence of wills and with respect to contracts, it is the agreement of the will o the contracting party.
Offer- proposal made by one party to another
Acceptance- manifestation by the offeree of his assent to all the terms of the offer
Counter-offer- rejection of the original offer and and attempt by the parties to enter into a contract on a different basis
Offer made in jest, anger, or when emotionally upset is not a valid offer.
Article 1320. An acceptance may be express or implied
Forms of acceptance:
1. Express- oral or written
2. Implied- inferred from act or conduct
Article 1321. Person making the offer has the right to prescribe the time, place and the manner of acceptance.
Article 1322. An offer made through an agent is accepted from the time acceptance is communicated to him.
Communication of acceptance
• To offerer
Acceptance must be absolute
• To agent
Agent is considered as an extension of personality of the principal
Article 1323. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed.
Other grounds which render offer ineffective:
1. Failure to comply with the condition to offer as to time, place and manner
Article 1324. Contract of option is one giving a person for a consideration a certain period within to accept the offer of the offerer
Option of period is the period given within which the offeree must accept the offer
Option money is the money paid or promised to be paid in consideration for the option
Option is privilege given to the offeree to accept an offer within a certain period
General rule: The offer may be withdrawn as a matter of right at any time before acceptance
Article 1325. Unless it appears otherwise, business advertisements of things for sale are not definite offers, but more invitations to make an offer.
Article 1326. Advertisements or bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears.
Article 1327. Capacity to give consent is presumed.
Persons who cannot give consent:
1. Unemancipated minors
2. Insane or demented persons
3. Deaf-mutes who do not know how to write
Reason for disqualification
These persons may be easily be the victims o fraud as they are not capable of understanding or knowing the import of their actions
Article 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness of during a hypnotic spell are voidable.
Lucid interval is a temporary period of sanity
Drunkenness; hypnotic spell impairing the capacity of a person to give intelligent consent
Article 1329. The incapacity declared in article 1327 is subject to the modifications determined by the law, and is understood to be without prejudice to special disqualifications established in the laws
Modifications declared for incapacity:
1. Necessaries- when sold and delivered to a person with no capacity to act, he still must pay a reasonable price.
2. Life, health, and accident insurance- beneficiary must be the minor’s estate.
3. If entered into a guardian or legal representative:
4. If other party believe the legal capacity of a minor, who misrepresented his age.
5. Minor voluntarily pays a sum of money or delivers fungible thing and oblige has spent and consumed it in good faith
Other special disqualifications provided by law
1. Persons suffering the accessory penalty civil interdiction
2. Hospitalized lepers
3. Prodigals
4. Deaf and dumb
5. Those who are unsound mind
6. Those who by reason of age, disease, weak mind cannot without outside aid or to take care o themselves
Articel1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.
Characteristics of consent
1. Intelligent- there is capacity to act
2. Free and voluntary- no violence and intimidation
3. Conscious and spontaneous- no mistake undue influence or fraud
Vices of consent
1. Fraud or deceit
2. Intimidation or threat or duress
3. Violence or force
4. Undue influence
5. Mistake or error
Article 1331. Mistake is a false notion of a thing or a fact material to the contrary
Mistake of fact- arise from ignorance or lack of knowledge
Mistake of law- is a substantial mistake of fact
Simple mistake does not invalidate a contract
Gross mistake, the party cannot avoid liability on the ground of mistake
Article 1332. The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract.
Article 1333. If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is no mistake.
Article 1334. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent.
Mistake of law- arises from an ignorance of some provisions of law or from the erroneous interpretation of its meaning. It does not invalidate consent; the reason is that ignorance of law excuses no one from compliance therewith.
Del Castillo Patrick John C.
Pamantasan ng cabuyao 1BSA-B
Good day atty. Narciso Reyes jr.
This is the summary of what I've learned in this lesson:
Article 1318 offers the 3 crucial standards of contracts (consent, item and consideration) Also this text offer the which means of the 3 training of factors of a agreement (Essential, Natural and Accidental)
Article 1319 outline consent as a conformity of wills, provide as an offer made via way of means of one celebration to another, reputation because the manifestation of offeree and counter-provide as a rejection of the unique provide.
Article 1320 outline the 2 types of reputation (1) Express as oral/written, (2) Implied as inferred from an act/conduct.
Article 1321 said that the character who is making the provide has the proper to prescribe the time, location and the way of reputation.
Article 1322 refers to a proposal made via an agent is general from the time reputation is communicated to him.
Article 1323 honestly said that a proposal turns into useless upon the death, civil interdiction, insanity, or insolvency of both celebration earlier than reputation is conveyed.
Article 1324 outline alternative agreement, alternative duration, alternative cash and alternative. As a widespread rule, the provide can be withdrawn as a depend of proper at any time earlier than reputation.
Article 1325 outline commercial enterprise commercial as an invite to the reader to make a proposal and commonly now no longer particular offers.
Article 1326 outline bidders as the only making the provide w/c the advertiser is unfastened to accept/reject.
Article 1327 said the the people who can not provide consent.
Article 1328 outline lucid c program languageperiod as a brief duration of sanity and drunkenness; hypnotic spell as an impairment to the capability of someone to provide smart consent.
Article 1329 gave the 5 changes of declared for disability and different unique disqualifications furnished via way of means of the regulation.
Article 1330 gave the 3 traits of consent and the 5 visces of consent.
Article 1331, just so mistake may also invalidate consent, it must talk to the substance of the element that is the item of the agreement, or to the ones situations that have basically moved one or each events to go into into the agreement.
Article 1332 honestly said that once one of the events is not able to read, or if the agreement is in a language now no longer understood via way of means of him, and error or fraud is alleged, the character imposing the agreement need to display that the phrases thereof were completely defined to the former.
In Article 1333, there's no mistake if the celebration alleging it knew the doubt, contingency or danger affecting the item of the agreement.
Article 1334 outline mistake of regulation as arises from an lack of knowledge of a few provision of regulation. The impact become now no longer to invalidate consent and the cause become lack of knowledge of the regulation excuses no one.
Article 1335 refers back to the definition of violence and the standards of intimidation or threat.
Article 1336 honestly said that violence or intimidation can be hired via way of means of a 3rd character.
Article 1337 said that there's undue affect whilst someone takes incorrect benefit of his strength over the desire of another, depriving the latter of an affordable freedom of choice. The following instances will be considered: the confidential, family, non secular and different family members among the events, or the truth that the character presupposed to were unduly stimulated become tormented by intellectual weakness, or become ignorant or in monetary distress. Article 1338 gave the definition of causal fraud and its standards.
Article 1339 outline fraud via way of means of concealment.
Article 1340, the standard exaggerations in trade, whilst the opposite celebration had an possibility to realize the facts, aren't in themselves fraudulent. It is the herbal tendency for traders and buyers to inn to exaggerations of their try and make a sale at the best fee viable.
Article 1341 as a widespread rule, an insignificant expression of an opinion does now no longer characterize fraud, until made via way of means of an professional and the opposite celebration has depended on the former’s unique knowledge.
Article 1342, misrepresentation via way of means of a 3rd character does now no longer vitiate consent, until such misrepresentation has created considerable mistake and the equal is mutual.
Article 1343 refers to misrepresentation made in true religion isn't fraudulent however may also represent error.
Article 1344 honestly said that during order that fraud may also make a agreement voidable, it must be extreme and must now no longer were hired via way of means of each contracting events. In this example there's concealment, and it's far made in horrific religion or with an rationale to deceive, and prompted to go into into the agreement.
Article 1345-1346 outline simulation of a agreement and its kinds, absolute and relative simulation.
Article 1347-1348 refers back to the item of the contracts and its standards in addition to the overall rule, all matters or offerings can be the item of a agreement.
Article 1349 said that the item of each agreement need to be determinate as to its kind. The truth that the amount isn't determinate shall now no longer be an impediment to the life of the agreement,furnished it's far viable to decide the equal,with out the want of a brand new agreement among the events.
Article 1350 offers the definition of reason or causa. Also, Article 1351 presents for the definition of motive.
Article 1352-1353 refers back to the 3 standards of reason. Article 1354-1355 said the 2 presumptions in contracts as to reason.
Frias, Rayah
1BSA-A
Pamantasan ng Cabuyao
CHAPTER 2 - ESSENTIAL REQUISITES OF CONTRACTS
3 Requisites of a Contract: Consent, Object and Consideration
Classes of Elements of a Contract: Essential, Natural and Accidental
SECTION 1. - Consent
ART. 1319.
Consent - it is the agreement of the will of the contracting party.
Offer - proposal made by one party to another. Offer made in jest, anger, or when emotionally upset is not a valid offer.
Acceptance - manifestation by the offeree of his assent to all the terms of the offer.
Counter-Offer - rejection of the original offer and an attempt by the parties to enter into a contract on a different basis.
ART. 1320. Forms of Acceptance: Express and Implied
ART. 1322.
To Offerer - Acceptance must be absolute.
To Agent - Agent is considered as an extension of personality of the principal.
ART. 1323. An offer becomes ineffective upon the (1) death, (2) civil interdiction, (3) insanity, or (4) insolvency of either party before acceptance is conveyed.
Other grounds which render offer ineffective: (1) Failure to comply with the condition to offer as to time, place and manner., (2) Expiration of the period to accept the offer., (3) Destruction of the thing due.
ART. 1324. The offer may be withdrawn as a matter of right at any time before acceptance.
Option Contract - agreement giving a person a consideration for certain period within which to accept the offer of the offerer. A person upon payment of consideration can exercise his right to accept the offer within a certain period.
Option Period - the period given within which the offeree must accept the offer.
Option Money - money paid or promised to be paid in consideration for the option contract.
Option - privilege given to the offeree to accept an offer within a certain period.
ART. 1325. business advertisements of things for sale are not definite offers, but mere invitations to make an offer.
ART. 1326. The person making the advertisement does not make an offer, on the other hand, it is the bidders who will have to make the offer.
ART. 1328.
Lucid Interval - temporary period of sanity
Drunkenness; Hypnotic Spell - impairs the capacity of a person to give intelligent consent.
ART. 1330. Characteristics of Consent: Intelligent, Free and Voluntary and Conscious and Spontaneous
ART. 1331.
Mistake - false notion of a thing or a fact material to the contrary
Mistake of Fact - arise from ignorance or lack of knowledge
Mistake of Law - is a substantial mistake of fact
Simple Mistake - Does not invalidate a contract
Gross Mistake - Party cannot avoid liability on the ground of mistake
ART. 1334. Mistake of Law
Definition - Arises from an ignorance of some provision of law or from the erroneous interpretation of its meaning.
Effect - Does not invalidate consent
Reason - Ignorance of law excuses no one from compliance therewith.
ART. 1335. Violence - requires the employment of physical force.
ART. 1336. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract.
ART. 1337. Undue Influence - is influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion.
ART. 1338. Causal Fraud - committed by one party before or at the time of the celebration of contract to secure the consent of the other.
ART. 1339. Fraud by Concealment - failure to disclose facts when there is duty to reveal them; equivalent to false representation
ART. 1340. Usual Exaggerations in Trade - it is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible
Dealer’s Talk or Trader’s Talk - representations that do not appear on the face of the contract and these do not bind either party.
ART. 1341. A mere expression of an opinion does not signify fraud (General Rule), unless made by an expert and the other party has relied on the former’s special knowledge/ expert’s opinion, false opinion (Exceptions).
ART. 1342.
Insubstantial Mistake - Does not annul a contract
Substantial Mistake - May annul the contract principally on the ground of mistake
ART. 1344.
Causal Fraud - Annulment + damages
Incidental Fraud - Liability for damages
ART. 1346. Simulation of a Contract - the act of deliberately deceiving others, by feigning or pretending by agreement
Kinds of Simulation: Absolute Simulation and Relative Simulation
SECTION 2. - Object of Contracts
ART. 1347-1348. All things, or services, or rights may be the object of a contract but there are exceptions.
Object - is the second essential element of a valid contract. It may be things, rights, or services.
ART. 1349. It is sufficient that the object of a contract is possible to determinable as to its kind without the need of a new contract.
SECTION 3. - Cause
ART. 1350.
Cause (Causa) - essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts.
ART. 1351. Motive - the purely personal or private reason which a party has in entering into a contract.
ART. 1352-1353. Requisites of Cause: It must exist at the time the contract is entered., It must be lawful., It must be true or real.
ART. 1354-1355. Presumption in Contracts as to Cause: Every contract is presumed to have a cause and the cause is valid
Cause of Contracts
Absence or want of cause - Confer no right and produce any legal effect whatever
Failure of cause - Does not render the contract void
Illegality of cause - Contract is void
Falsity of cause - Contract is void, unless the parties show that there is another cause which is true and lawful
Lesion - Does not invalidate the contract; except: When there is fraud, and undue influence and in cases specified by law
Krisha Mae M. Navarro
1BSA-B
PNC
Good day, Atty. Narciso. Here are some key points that I learned upon seeing this video.
Article 1318: Talks about the requisites of a contract which are consent, object and cause
Article 1319: It discusses about these terms:
Consent - conformity or concurrence of wills and with respect to contracts. It is the agreement of the will of the contracting party.
Offer - proposal made by one party to another.
Acceptance - manifestation by the offeree of his assent to all the terms of the offer.
Counter-offer - rejection of the original offer and an attempt by the parties to enter into a contract on a different basis.
Article 1320: Forms of Acceptance:
1. Express - Oral or written.
2. Implied - inferred from act or conduct.
Article 1321: The person making the offer has the authority to determine the time, location, and manner of acceptance, all of which must be fulfilled.
Article 1322: An offer made through an agent is accepted as soon as he receives notice of acceptance.
Article 1323: It is all about when an offer becomes ineffective upon:
1. Death
2. Insanity
3. Civil Interdiction - an accessory penalty imposed by the court in law when a person is convicted of a crime which is more than 12 years of imprisonment.
4. Insolvency of either party
Article 1324: OPTION CONTRACT - giving a person for a consideration a certain period within which to accept the offer of the offerer.
OPTION PERIOD - the period given within which the offeree must accept the offer.
OPTION MONEY - money paid or promised to be paid in consideration for the option.
Article 1327: Talks about those who are incapacitated to give consent which are unemancipated minor, insane or demented persons, and deaf-mutes who do not know how to write.
Article 1328: Contracts made during a lucid interval are legally binding. Contracts made while drunk or under the influence of a hypnotic spell are voidable.
Article 1329: MODIFICATIONS DECLARED FOR INCAPACITY:
1. Necessaries - when sold and delivered to a person with no capacity to act, he still must pay a reasonable price.
2. Life, health, and accident insurance - beneficiary must be the minor’s estate.
3. If entered into a Guardian or legal representative.
4. If other party believe the legal capacity of a minor, who misrepresented his age.
5. Minor voluntarily pays a sum of money or delivers fungible thing and oblige has spent and consumed it in good faith.
Article 1330: A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. It also states the characteristics of consent which are intelligent, Free and voluntary and Conscious and spontaneous.
Article 1332: The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract.
Article 1333: If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is NO MISTAKE.
Article 1335: States the four requisites of intimidation or threat. There must be reasonable well-grounded evil, it is imminent and grave, it is upon his person or property or that his spouse, descendants or ascendants and it is the reason why he enters into contract.
Article 1339: States the meaning of Fraud by concealment. It is the Failure to disclose facts when there is duty to reveal them.
Article 1341: a mere of an opinion does not signify fraud.
Article 1347: All things, or services, or rights may be the object of a contract.
Article 1350: Talks about cause and motive. Cause is Essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts while motive is purely personal or private reason which a party has in entering into a contract. It is different from the cause of the contract.
Article 1352-1353: Talks about the requisites of a cause.
1. It must exist at the time the contract is entered.
2. It must be lawful
3. It must be true or real.
Thank you, Atty.
Nofies, Gretchen M.
PnC (1BSA-A)
Good Day Atty! Here are some of my notes from this video:
Article 1318 talks about requisites of a contract and classes of elements of a contract.
Section 1 - Consent
Article 1319 is about Consent. It is the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party.
Article 1320 speaks about forms of acceptance.
Article 1321 - Person making the offer has the right to prescribe the time, place, and the manner of acceptance.
Article 1322 is about communication of acceptance.
Article 1323 - Offers becomes ineffective upon: death, insanity, civil interdiction, and insolvency of either party.
Article 1324 is about Option Contract. Giving a person for a consideration a certain period within which to accept the offer of the offerer.
Article 1325 is about business advertisements.
Article 1326 is about bidders.
Article 1327 - Capacity to give consent is presumed.
Article 1328 talks about lucid interval. It is a temporary period of sanity.
Article 1329 is about modification declared for incapacity and other special disqualifications provided by law.
Article 1330 speaks about the characteristics and vices of consent.
Article 1331 is about mistake. It is a false notion of a thing or a fact material to the contrary.
Article 1332 - The burden to prove that the contract is well explained to the person, who is unable to read or cannot understand the language used, is the person enforcing the contract.
Article 1333 - If the person is aware about the risk affecting the contract and still accept it, it is presumed that he is willing to take chances or risk. Therefore, there is no mistake.
Article 1334 is about mistakes of law.
Article 1335 talks about violence. It requires the employment of physical force.
Article 1336 - Violence or intimidation may be employed by a third person.
Article 1337 -speaks about undue influence. It is influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgment and discretion.
Article 1338- is about Causal Fraud. It is committed by one party before or at the time of the celebration of contact to secure the consent of the other.
Article 1339 is about Fraud by concealment. It is failure to disclose facts when there is duty to reveal them.
Article 1340- refers to Usual exaggeration in trade. It is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible.
Article 1341 - General Rule: A mere expression of an opinion does not signify fraud.
Article 1342 is about Fraud by a third person. Presumption: both contracting parties are acting in good faith.
Article 1343 talks about fraud made in good faith. If the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error.
Article 1344 - When fraud is employed by both parties, neither may ask for annulment as the fraud of one neutralizes that of the other. In such case, the contract is therefore valid.
Article 1345 - 1346 is about simulation of a contract. It is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed.
SECTION 2 - OBJECT OF CONTRACTS
Article 1347 - 1348 is about object and its requisites. Object is the second essential element of a valid contract.
Article 1349 - The fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence. It is sufficient that the object of a contract is possible to determinate as to its kind without the need of a new contract.
SECTION 3 - CAUSE
Article 1350 talks about Cause (causa). It is essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts.
Article 1351 is about motive. The purely personal or private reason which a party has in entering into a contract.
Article 1352 - 1353 speaks about the requisites of cause.
Article 1354 - 1355 - Presumption in contracts as to cause: (1) Every contract is presumed to have a cause. (2) The cause is valid.
Thank you for this video lecture, Atty.
Quiom, Christine B.
1BSA-B
Pamantasan ng Cabuyao
Good day Atty. Here is the summary of my learnings in this lecture.
Article 1318 gives the essential requisites of a contract which are consent, object and consideration(COC).
Article 1319 discusses the terms such as consent, offer, and acceptance. Consent is the conformity of wills or agreement of the party. Offer is the proposal made by one party to another. Acceptance is the manifestation by the offeree of his assent to all the terms of the offer.
Article 1320 provides the two forms of acceptance. It can be oral or written(express) or inferred from conduct(implied).
Article 1321 states that the right to prescribe time, place, and manner is given to the person who makes offer.
Article 1323 applies when offers becomes ineffective. It is upon death, insanity, civil interdiction and insolvency.
Article 1324 gives the general rule that offer may be withdrawn at any time before acceptance.
Article 1327 pertains to persons who cannot give consent. They are the unemancipated minors, insane persons and deaf-mutes who do not know how to write.
Article 1330 consist of the characteristics of consent. These are intelligent, free and voluntary and conscious and spontaneous.
Article 1332 states that if the person is aware about the risk affecting the contract and still accept it, the presumption is that he is willing to take that risk that's why there is no mistake.
Article 1335 gives the 4 requisites of intimidation or threat. There must be reasonable well grounded evil, it is imminent and grave, it is upon his person or property or that his spouse, descendants or ascendants and it is the reason why he enters into contract.
Article 1338 refers to causal fraud or the fraud committed by one party before or the time of the celebration of contract to secure the consent of the other. There are 6 requisites in causal fraud which must concur.
Article 1344 distinguish the effect in causal and incidental fraud. The former has the effect of annulment and damages while the latter has only liability for damages.
Article 1347-1348 discusses about objects of contracts. The general rule is all things, services or rights may be the object of a contract except those are intransmissible rights by their nature, stipulation, or provision of law.
Article 1350 talks about cause which is the essential purpose of the parties for entering into the contract.
Article 1354-1355 states the presumption in contracts as to cause. Every contract is presumed to have a cause which is valid. The absence of cause produce no right and no legal effect.
Momo, Margie Mae T
1BSA-B
Pamantasan ng Cabuyao
Article 1318
Requisites of Contracts:
1. Consent of the concerning parties
2. Object certain which is the subject matter of the contract
3. Cause of the obligation which is established
Classes of Elements of a Contract
1. Essential Elements - without these, no contract can validly exist
a. Common - present in all contracts (consent, object, and cause)
b. Special - not common to all contracts
1) Form - public instrument in donation
- delivery in real contracts
- registration in real estate mortgage
2) Subject Matter - real property in antichresis
- personal property in pledge
3) The Consideration or Cause - price in sale and lease
- liberality in commodatum
2. Natural Elements - presumed to exist in certain contracts unless the contrary is expressly stipulated(warranties)
3. Accidental Elements - exist only when expressly provided by the parties (particular stipulations)
Article 1319
Consent - conformity or concurrence of wills (offer and acceptance) and with respect to contracts
- meeting of minds or mutual assent between the parties on the subject matter
Offer - proposal made by one party (offerer) to another (offeree), indicating a willingness to enter into a contract
* Offer must be certain and seriously intended.
- Offer must be certain and definite
- An offer made in jest or anger (not seriously intended) is not a valid offer
Acceptance - there can be no meeting of minds without it
- must be clear and absolute, unconditional, unqualified
- if qualified, it merely constitutes a counter-offer which constituted a rejection of original offer
Counter-offer - rejection of the original offer and attempt to enter into a contract on a different basis
Article 1320
* Acceptance must be express (oral/written) or implied (inferred from act/conduct)
Article 1321
Matters that may be fixed by the offerer.
* right to prescribe the time, the place, and the manner of acceptance
* offer must be communicated and received by the offeree
Article 1322
Communication of Acceptance
1) To offerer - absolute and must be communicated to the offerer
- express or implied
2) Agent - extension of the personality of his principal
- act of the agent is act of the principal
- no meeting of mind if principal made the offer and acceptance is communicated to the agent unless he is authorized to receive it.
Article 1323
When offer become ineffective:
* by merely communicating such intentions to the other party
* death, civil interdiction, insanity, or insolvency of either party before acceptance
* civil interdiction - accessory penalty imposed by the court of law
Other grounds which render offer ineffective:
* failure to comply with the conditions
* expiration of the period fixed-in the offer
* destruction of the thing due
* rejection of offer
Article 1324
Option Contract - giving a person consideration for a certain period to accept the offer
Option Period - period given within which the offeree must accept the offer
Option Money - money promised to be paid
* earnest money - partial payment of the purchase price
- proof of perfection of contract
General Rule: Offer may be withdrawn as a matter of right at anytime before acceptance
Exception: Option is founded upon consideration, as something paid or promised
Article 1325
- Business ads of things or sale are not definite offer acceptance
Article 1326
- Ads for bidders generally not definite offers
General Rule: Advertiser is not bound to accept the highest bidder, unless the contrary appears (judicial sales)
Article 1327
Persons who cannot give consent:
1) Unemancipated minors
2) Insane or demented persons
3) Deaf-mutes who do not know how to write
Article 1328
Lucid Interval - temporary period of sanity
Drunkenness; Hypnotic Spell - impair the capacity of a person to give intelligent consent
Article 1329
Modifications Declared for Incapacity
1) Necessaries - when sold or delivered to a person with no capacity to act, he still must pay a reasonable price
2) Life, health, and accident insurance - beneficiary must be the minor's estate.
Article 1330
Characteristics of Consent
1) Intelligent - capacity to act
2) Free and Voluntary - no violence and intimidation
3) Conscious and Spontaneous - no mistake, undue influence, or fraud
Vices of Consent
1) Fraud or Deceit
2) Intimidation/Threat/Duress
3) Violence/Force
4) Undue Influence
5) Mistake/Error
Article 1331
Mistake - false notion of a thing or a fact material to the contrary
Mistake of fact - arise from ignorance or lack of knowledge
Mistake of law - substantial mistake of fact
Article 1335
Violence - requires the employment of physical force
Requisites:
1. Reasonable well grounded evil
2. imminent and grave
3. Upon his person or property or that his spouse, descendants or ascendants
4. It is the reason why he enters into contract
Article 1338
Causal Fraud - committed by one party before or at the time of the celebration of contract to secure
the consent of the other
Article 1339
Fraud of Concealment (false representation) - failure to disclose facts when there is duty to reveal them
Article 1345-1346
Simulation of a contract - act of deceiving others, by feigning or pretending by agreement, the apperance
of a contract which is either non-existent or concealed.
Article 1347-1348
object - is the second essential element of a valid contract
- may be things, rights, or services
Article 1350
Cause - essential or more proximate purpose which the contracting parties have in view
at the time of entering into the contracts
Article 1351
Motive - purely personal reason which a party has in entering into a contract
Panganiban, Descerey R.
1 BSA -A
Good Day Atty. These are my takeaways in this video lecture In article 1318, the classes of elements of a contract which are essential, natural, and accidental were discussed. In article 1319, the definitions for consent, offer, acceptance, and counter-offer was provided. Offer made in jest, anger, or when emotionally upset is not a valid offer. The characteristics of consent are intelligent, free and voluntary, and conscious and spontaneous as provided under article 1330. Article 1338 enlightens us about causal fraud which is committed by one party before or at the time of the celebration of a contract to secure the consent of the other.
Article 1343 states that if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error. Under article 1344, the effect of causal fraud is annulment and damages while incidental fraud is liability for damages.
Aubrey Bianca Robledo
1BSA-B
PnC
Good day Atty. Here are some of the key takeaways I got from this video lecture.
Chapter 2: Essential Requisites of Contracts
Article 1318. Requisites of a contract are consent, object and consideration. Essential, natural and accidental are the 3 classes of elements of a contract.
Article 1319. In this article consent, offer and acceptance are defined wherein consent is the agreement of the will of the contracting parties, offer is the proposal made and acceptance is the manifestation by the offeree of his asent to all the terms of the offer.
Article 1320. According to this article, acceptance may be in the form of express (oral or written) or implied (inferred from act or conduct)
Article 1321. The offerrer may have the right to prescribe the time, place and the manner of acceptance of the offer.
Article 1322. Communication of acceptance between the offerrer and the agent is discsused in this article. In the case of offerrer, acceptance must be absolute while in the latter, agent is considered as an extension of personality of the principal.
Article 1323. Offer becomes ineffective upon death, insanity, civil interdiction and insolvency of either party. Other grounds which render offer ineffective when there is failure to comply with the condition to offer as to time, place and manner and upon death and destruction of the thing due.
Article 1324. Option contract (consideration for a certain period), option period (period given) option money (money paid or promised) and option (privilege given) is defined in this article
Article 1325. "Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer."
Article 1326. "Advertisements for biders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears."
Article 1327. Persons who cannot give consent is enumerated in this article and they are the unemancipated minors, insane or demented persons and deaf-mutes who do not know how to write. Their disqualification is due to the reason that they do not have the full capacity to understand their behaviors thus making them easily to be victim of a fraud.
Article 1328. Exceptions in insanity is lucid interval. It is the temporary period of sanity. Another one is the drunkenness or hypnotic spell. Though will impair the capacity of a person to give intelligent consent but it will not vitiate consent.
Article 1329. Other specialized disqualifications provided by law are enumerated in this article. Those are persons suffering the accessory penalty civil interdiction, hospitalized lepers, prodigals, deaf and dumb, those who are unsound mind and those who by reason of age, disease, weak mind cannot without outside aid, take care of themselves.
Article 1330. Characteristics of a consent is that it must be intelligent, free and voluntary and is conscious and spontaneous. 5 Vices of consent was also discussed and those are the fraud or deceit, intimidation or threat or duress, violence or force, undue influence and mistake or error.
Article 1331. Mistake, mistake of fact, and mistake of law is legally defined in this article and it is a false notion of a thing or a fact material to the contrary, arise from ignorance or lack of knowledge and is a substantial mistake of fact respectively.
Article 1332. When one of the parties is unable to read the contract intelligently or if the language used is beyond his comprehension, it is the party enforcing the contract who has the duty to show that there has been no fraud or mistake and that the terms in the contract has been fully explained.
Article 1333. The effect of knowledge of risk is that there will be jo mistake in case the person is aware about the risk affecting the contract and still accepts it.
Article 1334. By definition, mistake of law arises from an ignorance of some provision of law or from the erroneous interpretation of its meaning. It does not invalidate consent and ignorance of law excuses no one from compliance therewith.
Article 1335. Violence means physical force and its requisites are: it is reasonable well grounded evil, imminent and grave, it is upon his person or property or that his spouse, descendants or ascendants and lastly it is the reason why he enters into contract.
Article 1336. Violence or intimidation may be employed by a third person who did not take part in the contract.
Article 1337. Undue influence happens when a person takes improper advantage of his power over the will of another which deprive the freedom of choice, judgement and discretion of the latter.
Article 1338. Requisites of a casual fraud are: There must be misrepresentation or concealment of a material fact with knowledge of its falsity, it must be serious, it must have been employed by only one of the contracting parties. it must be mad in bad faith, it must have induced the consent of the other contracting party, and it must be alleged and proved by clear and convincing evidence.
Article 1339. Fraud by concealment is a failure to disclose facts when there is duty to reveal them and it is equivalent to false representation.
Article 1340. The usual exaggerations in trade is a natural tendency for merchants and traders, thus it is not fraudalent since they are normally expected to be making and setting their price as highest as possible for them to achieve profit maximization. Any person who relies on said exaggerations does so at his on peril.
Article 1341. " A mere expression of an opinion does not signify fraud, unless mad y an expert and the other party has relied on the former`s special knowledge."
Article 1342. Fraud by a third person which is insubstantial does not annul the contract while in substantial, it may annul the contract principally on the ground of mistake.
Article 1343. Fraud made in good faith is when the misinterpretation is unintentional but made in good faith, it is considered as a mere mistake or error.
Article 1344. Causal and Incidental fraud are the 2 kinds of fraud in the making of a contract. In causal fraud, it will annul the contract and subject the person liable for damages. In incidental fraud, it will not be a ground for annulment of contract but only liability for damages.
Article 1345-1346. Simulation of a contract is the act deceiving others by pretending by agreement the appearance of a contract which is concealed or is non existent. The two kinds of simulation are first, the absolute simulation (fictitious contracts) and second, the relative simulation.
Sec 2 Object of Contracts.
Article 1347-1348. Object is the second essential element of a valid contract. It may refer to a thing, rights or services. Requisites of a thing as object of a contract, and requisites of service as object of contract is enumerated in this article.
Article 1349. "The object of every contract must be determinate as to its kind. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract."
Section 3: Cause
Article 1350. Cause (causa) is legally defined in this article. According to it, cause cause is essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts.
Article 1351. Motive is the purely personal or private reason which a party has in entering into a contract.
Article 1352-1353. Requisites of cause are: it must exist at the tie the contract is entered, it must be lawful and it must be true or real.
Thank you, Atty!
Ramilyn M. Roble
1BSA-A
Pamantasan ng Cabuyao
Good day, Atty. Here is the summary of my learnings from the video lecture.
Article 1318 - Contracts' essential elements are consent of the contracting parties, the object of the contract, and the cause or the purpose of it. There are classes of elements of a contract, they are essential, natural, and accidental elements. These requisites should be complied with for the contract to be valid.
Article 1319 - This talks about consent which serves as the conformity of the acceptance and offer that made by the contracting parties. There is also a case wherein the contract was counter-offer or that they created a new contract.
Article 1320 - Acceptance may be implied which is inferred from the act or conduct or express which can be oral or written.
Article 1321 - It says that the person who makes the offer has the right to prescribe the time, place, and manner of acceptance in the contract.
Article 1322 - The communication of acceptance to the offerer must be absolute while to the agent the acceptance must be an extension of the personality of the principal.
Article 1323 - This tackles the ineffectiveness of an offer such as (1)the death of the offerer or offeree, (2)insanity, (3)civil interdiction, and (4)insolvency of either party. Other grounds render the offer ineffective such as the failure to comply with the condition, the expiration of the offer, and the destruction of the thing due.
Article 1324 - This talks about the (1)Option contract which gives a person consideration within which to accept the offer of the offerer. (2)Option period which is the period given within which the offeree must accept the offerer. (3) Option money which is the money paid in consideration for the option. These options are the benefit to the offeree whether to accept or bot the offer. The offer may be withdrawn before the time of acceptance.
Article 1325 - It says that a business advertisement is not a definite fraud but an invitation to make an offer.
Article 1326 - Advertisement for bidders are not definite offers wherein the advertisements are not bound to accept the highest or lowest bidder unless the contrary appears.
Article 1327 - This article talks about the persons who cannot give consent to enter into a contract. They are those unemancipated minors and insane of a demented person, and deaf-mute that does not know how to write. They have not consented to them to avoid fraud.
Article 1328 - A person that has a lucid interval and entered into a contract was valid while contracts that were agreed in the state of drunkness or during the hypnotic spell are voidable.
Article 1329 - A contract that has entered by unemancipated minors are valid when the thing to be delivered are necessaries when a contract was about life, health, and accident insurance when there is a consent form the guardian when minor was mispresented his age, and when they voluntarily pay for the sum of money.
Article 1330 - This tackles the characteristics of consent such as intelligent, free, voluntary, and conscious or spontaneous. These characteristics must be present so the contract will be valid. There are also vices of consent, they are (1)fraud or deceit, (2)intimidation or threat, (3) violence or force, (4)undue influence, and (5)mistake or error.
Article 1331 - This tackles the mistake that can invalidate consent. A mistake is a false notion of a thing. Mistakes can be fact or law. The mistake when simple, it does not invalidate a contract while when it is gross, there is a liability on the ground of mistake.
Article 1332-1333 - The person enforcing the contract should explain the contract to a person who is unable to read or cannot understand the language used. And if the person accepts the offer considering the risk in the contract, there are no mistakes.
Article 1334 - This states that mistake of law does not invalidate consent because ignorance of the law excuses no one for compliance therewith.
Article 1335-1336 - This tackles the violence present in giving consent. Violence should be (1)reasonable well-grounded evil, (2)imminent and grave, (3)the evil must be upon his person or property or that of his spouse, descendants, or ascendants, and (4)when intimidation or threat was his reason why he enters the contract. The violence can also be employed by a third person.
Article 1337 - Tackles the undue influence. It is when a person takes improper advantage of his power over the will of another. The circumstances to be considered if the undue influence was exercised is (1)when there are confidential, family, spiritual, and other relation between the parties, (2) when there is mental weakness, (3)when there is ignorance, and (4) when financial distress of the person alleged to have been unduly influenced.
Article 1338 - This tackles the causal fraud or the fraud committed by one party to secure the consent of the offer. Its requisites are: (1)there must be misinterpretation or concealment, (2)it must be serious, (3)it must be employed by only one of the contracting parties, (4)it must be made in bad faith, (5)it must have induced the consent of the other contracting party, and (6) it must be alleged and proved by clear and convincing evidence.
Article 1339 - This stated the fraud by concealment or the neglect or failure to communicate or disclose contract.
Article 1340 - Exaggeration in trade is not considered fraud for we know that sellers are expected to make a higher price.
Article 1341 - An expression of an opinion does not signify fraud unless it is made by an expert and the other party had relied on the former's special knowledge.
Article 1342 - It talks about the fraud made by a third person. The mistake that is insubstantial does not annul the contract while a substantial mistake may annul the contract on the ground of mistake.
Article 1343 - The fraud made in good faith is considered a mere mistake.
Article 1344 - It states the effect of causal fraud wherein it annuls the contract and the guilty will pay damages while the effect of incidental fraud is the liability for the damages.
Article 1345-1346 - These tackle the simulation of contract which is the act of deliberately deceiving others. There are kinds of simulation: (1)Absolute simulation when the contract does not really exist and the parties do not intend to bound at all. (2)Relative simulation when the contract entered was different from their true agreements.
Article 1347-1348 - These articles talk about the object of the contract. And for an object to be valid, all the requisites must be present: (1)it is within the commerce of men, (2)physically and legally possible, (3)it exists, and (4)it is determinate.
Article 1349 - The quantity of the thing or object of a contract shall not be a hindrance to the existence of the contract.
Article 1350-1355 - These articles talk about the third essential element of the contract which is the cause wherein it serves as the purpose of contracting parties in entering the contract. The requisites of cause are: (1)It exists on the condition, (2)Lawful, and (3)True or real. It s said that every contract is presumed to have a cause and that must be valid.
Thank you, Atty.
Jerwin Pagela | 1BSA-A (PNC)
Here are the notes I have jotted down while watching the video lecture.
Article 1318 - It's about the requisites of a contract (Consent, Object and Consideration), classes of elements of a contract (Essential, Natural, Accidental
Section 1: Consent
Article 1319 - Contract is an agreement of the will of the parties. Offer on the other hand is a proposal made by one to another party. Acceptance is when the contract is assented. Counter-offer means the rejection of the original offer.
Article 1320 - This is about the forms of acceptance namely: express and implied.
Article 1321 - The time, place and manner of acceptance can be decided by the person making the offer.
Article 1322 - Communication of acceptance is necessary
Article 1323 - Occurenece that can make an offer ineffective.
Article 1324 - Option Contracts are agreements that gives a person a consideration to accept the offer within a certain period. Option period on the other hand is when a period is given of when the offer must be accepted. Option money is offering money.The offer may be withdrawn as a matter of right at any time before acceptance.
Article 1325 - Business Advertisements are not definite offers.
Article 1326 - Bidders. The advertiser is not bound to accpet the highest hidder or the lowest bidder unless the contrary appears.
Article 1327 - Capacity of the parties to give consent is presumed.
Article 1328 - Temporary period of insanity is called as Lucid interval.
Article 1329 - This article is about the modifications declared for incapacity which are necessaries, life, health and accident insurance. Other special disqualifications provided by law are also exisiting.
Article 1330 - Consent has characteristics and these are: Intelligent, Free and Voluntary, Conscious and Spontaneous. There are also vices of consents.
Article 1331 - A false notion of something to the contrary is a mistake. Mistake of fact arises from ignorance while mistake of law is a substantial mistake of fact.
Article 1332 - The person enforcing the contract has the burden to prove the contract is well explained to the other person.
Article 1333 - It is considered that there are no mistakes if the the person is aware of the risks that the contract has yet still accepted it.
Article 1334 - This article is about the definition of the mistakes of law its effects as well as its reasons.
Article 1335 - Violence is the use of physical. Violence has its own requisites.
Article 1336 - A third person can employee intimidation or violence.
Article 1337 - There is this kind of influence that overpowers the mind of a party to prevent him from acting understanding leandro entirely to do what he would have done if he had been left exercise brayley his own judgment and discretion. It is called the undue influence.
Article 1338 - A fraud committed by one party before or during the celebration of contract to secure the consent of the other is called causal fraud.
Article 1339 - Necessary facts to be revealed are failed to disclose, it is considered fraud by concealment.
Article 1340 - usual exaggerations in trade is not fraudulent.However, any person relies on said exaggerations does so at his own peril.
Article 1341 - A mere expression of an opinion does not signify fraud.
Article 1342 - This article is about fraud by a third person.
Article 1343 - If misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error and is called as a fraud made in good faith.
Article 1344 - A fraud can be causal or incidental. If it's causal, annulment or damages should be expected. However, if it is incidenta,l liability for damages are only expected.
Article 1345-1346 - The act of deliberately deceiving others by feigning or pretending by agreement is considered a simulation of a contract. There are two kinds of simulations namely absolute and relative.
Section 2 : Object of Contracts
Article 1347-1348 - The second essential element to a valid contract is an object. It may be things, rights or services.
Article 1349 - The fact that a quantity is not determinate shall not be a hindrance for a contract to come into existence.
Section 3: Cause
Article 1350 - Cause or Causa is is the purpose or the reason why contracting parties decided to enter into the contracts.
Article 1351 - The motive of a party to enter into a contract can be purely personal or private reason.
Article 1352-1353 - This article is about the requisites of cause.
Article 1354-1355 - Every contract is presumed to have a cause. And that the cause is valid.
Castillo, Rikka Marie B.
1BSA-A
PNC
Chapter 2 - Essential Requisites of Contracts
Article 1318 - This contains the requisites of a contract which are contract, consent and consideration.
Section 1 - Consent
Article 1319 - This article contains the meaning of consent. A consent is the agreement of the will of the contracting party.
Article 1320 - This article contains the forms of acceptant of offer. There are two forms of acceptance; (1) Express; and (2) Implied. Express is the form of acceptance where in it is oral or written. An Implied form of acceptance is inferred from an act or conduct.
Article 1321 - This article is about the person making the offer has an obligation to fix the time, place and manner of acceptance.
Article 1322 - This article is about communication of acceptance. To offerer, the acceptance of the offer must be absolute and to the agent, it is considered as extension of the personality of his principal.
Article 1323 - This article talks about when the offer becomes ineffective. An offer becomes in effective upon the death of the offerer, insanity or civil interdiction. There are also some grounds that makes the offer ineffective which is the failure to comply with the condition to offer as to time, place and manner, expiration of the offer, and the destruction of the thing due.
Article 1324 -
Option contract - contract that gives a person a consideration a certain period in which he can accept the offer.
Option period - period given to the offeree to decide whether he will accept the offer
Option money - money paid for the option contract
Article 1325 - Business advertisements
Article 1326 - Advertisements for bidders
Article 1327 - Capacity to give consent is presumed except unemancipated minors and insane or demented person and deaf-mutes.
Article 1328 -Contracts made in lucid interval is considered as valid. Lucid interval is a temporary period of sanity.
Article 1330 - This article contains the characteristics of consent. (1) Intelligent; (2) Free and Voluntary; (3) Conscious or spontaneous. this article also contains the vices of consent
Vices of consent
1. Error or Mistake
2. Violence or force
3. Intimidation or threat or duress
4. Undue influence
5. Fraud or deceit
Article 1331 - Gross and simple mistake
Article 1332 - The person who is enforcing the contract has a burden to prove that the contract is well explained to the person who is unable to read or cannot understand the language used.
Article 1333 - If the person is aware of the risk in entering the contract and still accepts it, there is no mistake done.
Article 1334 - Mistake of Law
Article 1335 - Requisites of violence
1. Reasonable well grounded evil
2. Imminent and grave
3. Evil must be upon his person or property or that his spouse, descendants or ascendants.
4. It must be the reason why he enters into contract.
Article 1336 - Violence may be employed by a third person
Article 1337 - undue influence. It is a kind of influence that overpowers the mind of a party as to prevent hum from acting understandingly and voluntarily done if he can decide.
Article 1338 - Causal Fraud is a fraud made at the time of the celebration of the contract to secure the consent of the other.
Article 1339 - Fraud by concealment is a failure to communicate or disclose that which a party to a contract knows and ought to communicate constitutes concealment.
Article 1340 - Usual exaggerations in trade is not a fraudulent. It is not a ground to invalidate the contract.
Article 1342 - Fraud by a third person.
Article 1343 - Fraud made in good faith. If the misrepresentation is made unintentional and in good faith, it is considered a mistake or error.
Article 1344 - Fraud made in making the contract.
Causal fraud - ground for the annulment of contract and give rise to damages
Incidental fraud - not a ground for the annulment of contract but give rise to the liability of damages.
Section 2 - Objects of contract
Article 1147 - 1148 - object of a contract is its subject matter.
Requisites of things as object of contracts
1. Within the commerce of men
2. Not legally or physically impossible
3. In existence or capable of coming into existence
Requisites of service as the object of contracts
1. Within commerce of men
2. Not be legally or physically impossible
Article 1349 - quantity of object of contract is need not determinate.
Section 3 - Cause of contracts
Article 1350 - Cause
Article 1351 - motive is a personal reason why a person enters a contract
Thank You for the video, Atty!
AMBAT JONALYN C
Pamantasan ng Cabuyao
1BSA-B
Good day Attorney! Here are my key takeaways from this video lecture.
Article 1318 about the requisites of contract which are COC ( or consent, object, and consideration). It discusses the classes of elements of a contract. the essential elements of a contract which means the contract must have all the essentials elements to be valid otherwise it will not exist validly. Second, the natural element which is presumed to exist. And Lastly, the accidental elements the stipulation or terms established by the parties that made it part of a contract.
Article 1319 about the meaning of consent. Which is giving of one's conformity of wills and concerning contracts.. Offer is the proposal made by the offerer to the offeree and it is said that the offer is not valid if it is made in jest, anger or when emotionally upset. Acceptance is the manifestation by the offeree of his assent to all the terms of the offer.
Article 1320 talks about the forms of acceptance that can be express in oral or written and implied inferred from act or conduct. Article 1321 the person making the offer has the right to demand the time, place, and manner of acceptance.
Article 1322 about the communication of acceptance. Where The offerer acceptance must be absolute while the agent is considered as the extension of the personality of the principal by legal fiction.
Article 1323 - when the offer becomes ineffective. there are 4 of it which is the First, the death of the offerer or offeree. Second is the insanity, third is the civil interdiction which means the inability of a person to exercise his civil rights. and Lastly, the insolvency of either party.
Article 1324 -is about options contracts, option periods, and option money. An option contract is considering a person a consideration for a certain period to accept the offer of the offerer . the period given by the offerer to the offeree which to accept the offer.
Article 1325 discussed the business advertisements. It is not definite offers but an invitation to the reader to make an offer.
Article 1236 is about bidders. The general rule is that the advertiser is not bound to accept the highest or lowest bidder unless the contrary appears. It is said that the advertisement for bidders are not definite offers and is the one making the offer which the advertiser is free to accept or reject.
Article 1327 - the capacity to give consent is presumed unless that person is an unemancipated person, insane or demented persons or deaf-mutes who do not know to write however, if he knows how to write then he is valid to enter a contract.
Article 1328 -is about lucid interval. A temporary period of sanity where a person can able distinguish what is real and right.
Article 1329 it is about the modifications declared for incapacity. Also, it discussed the other special disqualifications provided by law which are persons suffering the accessory penalty civil interdiction, hospitalized lepers, prodigals, deaf and dumb, those who are unsound mind, and those who by reason of age, disease, and weak mind.
Article 1330 - about the characteristics of consent. Also in this article it discussed the vices of consent which are fraud or deceit, intimidation or threat or duress, violence or force, undue influence, and mistake or error.
Article 1331 speaks about the mistake which means the false notion of a thing or a fact material to the contrary. Mistake of fact means arise from ignorance or lack of knowledge.
Article 1332 - said that if the person is unable to read or cannot understand the language used, the person enforcing the contract must explain the contract well.
Article 1333 said that if the person is knowledgeable about the risk affecting the contract. it is presumed that there is no mistake.
Article 1334 - it is about the meaning, effect, and reason of a mistake of law.
Article 1335 - is about violence and its requisites. Violence requires the employment of physical force and its requisites are reasonable well-grounded evil, imminent and grave, upon his person or property or his spouse, and the reason why he enters into a contract.
Article 1336 is about violence or intimidation may be employed by a third person.
Article 1337 talks about the influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done.
Article 1338. The requisites of casual fraud are misrepresentation or concealment of a material fact with knowledge of its falsity.
Article 1339 the fraud by concealment. Where It is the failure to disclose facts when there is a duty to reveal them and it is equivalent to misrepresentation or false representation.
Article 1340 is about usual exexaggerations in trade..
Article 1341 is about the expression of opinion that does not signify fraud. It has requisites which are it must be made by an expert, other contracting party has relied on the expert's opinions, and the opinion turned out to be false or erroneous.
Article 1342 is about fraud by a third person. Article 1343 is about fraud made in good faith. It is said that if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error.
Article 1344 discussed the effect of causal and incidental. The effect of causal is annulment plus damages while incidental is a liability for damages.
Article 1345 to 1346 discussed the simulation of a contract. There are kinds of simulation which are absolute simulation and relative simulation.
While the Article 1347 to 1348 talks about the concept of object. The object is the second essential element of a valid contract. It may be things, rights, and services.
Article 1350 talks about cause or causa. Where It is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Article 1351 discussed the meaning of motive. the purely personal or private reason that a party has in entering into a contract.
Article 1352 to 1353 is about the requirements of the cause which is it must exist at the time the contract is entered, it must be lawful and it must be true or real.And while the Article 1354 to 1355 is about presumption in the contract as to cause.
Thank you so much Atty for this video lecture. God bless you po
Danica May J. Pajac
1BSA-A (PNC)
Good day Attorney!
Here some of my knowledge and notes that taken from this lesson.
This is the part 10 of our lecture series on the law and obligation and contracts. It is all about the essential requisites of a contract.
Article 1318 : Requisites of a contract
There are three requisites of a contract these are Consent, Object, and Consideration.
There are different classes of elements of a contract:
First is Essential means there is no contract that all contracts must obtain essential element or less the contract will not be valid. Second is natural which means is presumed to exist in certain contracts. Another one is accidental which define as it is not automatically that form part of a contract but due to the stipulation of parties it is so present.
Section 1. Consent
Article 1319
Consent that means conformity of wills and having respect to contracts. Having the agreement of the will of contracting party.
Offer which simply means a proposal that made by one party to another.
Acceptance which define as the manifestation that made the offer of his assent to all certain offer.
Counter offer means contradict from the main offer and attempting by the parties to create into a contract with different basis.
Article 1320
Express which simply oral or written while implied which means the inferred from act or conduct.
Article 1321
Person making the offer has the freedom to choose the time, place and manner of acceptance.
Article 1322
Communication of acceptance
For the offer the acceptance must be absolute and for the agent is considered as extension of personality of the principal.
Article 1323
Offers are not effective to the death of offerer or offering, upon insanity, civil interdiction.
Civil interdiction means the inability or a prohibition to a person to exercise his civil rights.
Another is insolvency of either party.
Article 1324
Option Contract means agreement that having a consideration to the person at a certain period within which to accept the offer from offerer.
Option period means the certain period must accept the offer.
Option money is the agreement paid or promised for the option.
Article 1325
Business advertisement simply means it doesn't definite offers.
Article 1326
Bidders means the endorsement for bidders are note definite offers. The one who make the offer which the advertiser is free to accept or decline.
Article 1327
The capacity to have consent is presumed.
There are persons who are not able to give consent. These are unemancipated minors, insane or demabded person, deaf-mutes who are not know to write.
Article 1328
Lucid interval that means temporary period of sanity. During lucid interval the insane person will regain his or her sanity that he or she can think clearly.
Drunkennes ; Hypnotic spell
Will only impair the capacity of a person to give information consent.
Article 1329
Modification Declared for incapacity
Necessaries occur when sold and given to a person that are not able to act, he or she must still pay a reasonable price.
Life, health, and accident insurance must benefits by minors state.
Article 1330
Characters of consent
Intelligent where he or she are able to act.
Free and voluntary without having violence
Conscious and spontaneous
Article 1331
Mistake having a wrong notion or a fact material to contrary.
Mistake of fact means ignorance or lack of knowledge.
Mistake of law is a substantial mistake of fact.
Article 1332
It states that whoever the person or the party who attempt to inform the contract then he has the burden to prove that the contract has been well explain if the person were not able to read or don't know the language that used.
Article 1333
If the party knows about the risk that it can affect the contract and still accept it then there is no mistake because it tells that he or she are willing despite of risk.
Article 1334
Mistake of law define as the ignorance of some provision of law that can result to invalidate of consent.
Article 1335
Violence requires the employment of physical force.
Article 1336
Physical force can be implied by a third person.
Article 1337
Undue influence means the influence of a kind that has overpowers the mind of a person in able to prevent him from acting understangily.
Article 1338
Casual fraud that done by one party before the contract to secure the consent of other.
Article 1339
Fraud by concealment occur when failure to disclose facts when it is required to reveal them.
Article 1340
Usual exaggerations trade which its not fraudulent since seller expected to be exaggerated to make sell to highest price.
Article 1341
General rule is a mere expression of an opinion is not identified as fraud.
Requisites for exception
It must created by proffesionals.
Article 1342
Fraud by a third person
Both contracting person must acts in good faith.
Article 1343
Fraud made in good faith occurs when there misinterpretation is not intentionally conducted but in a good faith then it can considered as mistake or error.When fraud is casual then the effect is annulment but if is incidental it can be liability to damage.
Article 1345-1346
Simulation of a contract is act of deliberately deceiving others by pretending by a proposal. The existent of contract is not exist or concealed.
Article 1347-1348
Has the objective of the second essential element of a valid contract. It can be things, rights, or services.
All things or rights, services may be the object of the contract.
Article 1439
As the quantity is not determinate then there must be no problem for a contract to come into existence.
Section 3
Article 1350
Cause or causa is necessary by which the contracting parties have in view at the time of entering into the contracts.
Article 1351
Motive occur when private reason which a party has entering into a contract.
Article 1352-1353
Requisites of cause
It must be occur at the exact time when the contract begin.
It must be lawful
It must be real
Thank you Atty.
Marjes, Kimberly Yrah R.
1 BSA-B
Good day Atty. In this video I have learned that contracts has its requisites. As stated under Article 1318, consent, object and consideration are the requisites of contract. While the classes of elements of a contract are essential, natural, and accidental. Article 1319, discussed consent which refers to the conformity of wills and with respect to contract, it Is the agreement of the will of the parties. While offer is the proposal made and acceptance is the manifestation of one's assent to all the terms of the offer made. However, contour-offer is the rejection of the original offer. On article 1320, the forms of acceptance are discussed. It can be express in oral or written and implied or inferred from act or conduct. Article 1321 implies that the person making the offer has the right to prescribe the time, place and the manner of acceptance. However, under 1323, the offer becomes ineffective upon the death of the offeree, insanity as well as civil interdiction which is an accessory penalty imposed by the court wherein a person is prohibited to exercise his civil rights. Moreover, there are also other grounds which render offer ineffective according to 1323. It can be either failure to comply with the condition to offer. It could also be expiration or destruction of the thing due. Under 1324 is an option contract which is an agreement which gives a person a consideration for a certain period within which to accept the offer. There is also an option period wherein a person is given a time which offeree must accept the offer. as well as option money which is the money paid or promised to be paid in consideration for the option. As consent is one of the contract's requisites, article 1325 states that capacity to give consent is presumed. However, unemancipated minors, insane and deaf-mute who do not know how to write are the persons are restricted to give consent. While article 1328 implies the exception on the prohibition of insane person to give consent. Lucid interval is a temporary period of sanity, drunkenness; hypnotic spell are discussed under 1328. Now, under 1330 are the characteristic of consent. it must be intelligent, free and voluntary, conscious and spontaneous. There are also vices of consent which are fraud, intimidation, violence, undue influence and mistake. Article 1335 indicates the requisites of violence which are reasonable well grounded evil, imminent and grave, upon his person and it is the reason why he entered into contract. Under an important provision Article 1338 is casual fraud is a fraud committed by a party at the time of celebration of contract to secure the consent of another. While 1339 is the fraud by concealment which refer to the failure to disclose facts when there is duty to reveal them. Now 1340 refers to the usual exaggeration in trade which is not fraudulent since seller is normally expected to be exaggerated to make sale at the highest price possible. Article 1345-1346 refer to simulation of contract which is the act of deliberately deceiving others by feigning or pretending by agreement. It has 2 kinds which are absolute and relative simulation. Now, Section 2 is the object of contracts. Starting under 1347-1348 which refer to the second essential element of a valid contract which is the object. While section 3, cause which is the purpose which the contracting parties have in view at the time of entering into the contracts. Motive is not a cause. Article 1354-1355 presume the contract to have a cause and that the cause is valid. Thank you for the lecture Atty.
Serrano, Kaela B.
1BSA-A
Pamantasan ng Cabuyao
Good day, Atty!
Here are my key takeaways from this video.
Article 1318
requisites of a contract:
-consent
-object
-consideration
classes of elements of a contract:
-essential
-natural
-accidental
Article 1319
consent, offer, acceptance, and counter-offer was discussed.
Note that offer made in jest, anger, or when emotionally upset is not a valid offer.
Article 1320 stated that acceptance may be oral or written or inferred from act or conduct.
The person making the offer has the right to prescribe the time, place, and the manner of acceptance.
Article 1322 discussed the communication of acceptance to offerer and to agent.
To offerer- acceptance must be absolute
To the agent- the agent is considered as an extension of personality of the principal.
Article 1325
Business advertisements do not define offers.
Article 1326
Bidders are the one making the offer which the advertiser is free to accept or reject.
General rule: the advertiser is not bound to accept the highest bidder or the lowest bidder unless the contrary appears.
Article 1327
Capacity to give consent is presumed except if they are:
-inemancipated minors
-insane or demented person
-deaf-mutes who do not know how to read and write.
The reason for disqualification is these persons may be easily the victims of fraud as they are not capable of understanding or knowing the import of their actions.
Article 1328 ]
Lucid interval
-temporary period of insanity
Drunkenness; hypnotic spell
-impair the capacity of a person to give intelligent consent.
Article 1329
Modifications declared of incapacity:
-Necessaries
-Life, death and health insurance
-if entered into a guardian or legal representative
-If other party believe the legal capacity of a minor, who misinterpreted his age
-minor voluntarily pays a sum of money or deliver fungible thing and obligee has spent and consumed it in good faith
Other special disqualifications provided by law:
-person suffering the accessory penalty civil interdiction
-hospitalized leepers
-prodigals
-deaf and dumb
-those who are unsound mind
-those who by reason of age, weak mind cannot without outside aid take care of themselves.
Article 1330.
characteristics of consent:
-intelligent
-free and voluntary conscious and spontaneous
Vices of consent: FIVUM
Fraud or deceit
Intimidation or threat or deceit
Violence or Force
Undue Influence
Mistake or error
Article 1331
Mistake can be simple and gross.
The effect of simple mistake does not invalidate a contract while for gross mistake, the party cannot avoid liability on the ground.
Article 1332 states that the person enforcing the contract has the burden to prove that the contract is well explained to the person who is unable to read and write or cannot understand the language used.
Article 1333
There is no mistake if the person is aware about the risk affecting the contract and still accept it because it is presumed that he is willing to take chances or risk.
Article 1334,
The mistake of law arises from ignorance of some provision of law or from the erroneous interpretation of its meaning.
Article 1335
provides the definition of violence that requires the employment of physical force and its requisites.
Article 1336
Violence or intimidation can be employed by a third person.
Article 1337
undue influence is influence of a kind that so overpowers the mind of a party to prevent him from acting or understanding and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion.
Circumstances to be considered:
-Confidential, Family, spiritual and other relations between the parties
-Mental weakness
-Ignorance
-Financial Distress
Article 1338
causal fraud - committed by one party before or at the time of the celebration of contract to secure the consent of the other.
Requisites for causal fraud:
--there must be misinterpretation, or concealment of a material fact with knowledge of its falsity.
-must be serious
-must have been employed by only one of the contracting parties
-must have been in bad faith
-must have induced consent of the other contracting parties
-must be alleged and proved by clear and convincing evidence
Article 1339
Fraud by concealment -failure to disclose facts when there is duty to reveal them.
Article 1340
usual exaggerations in trade is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible.
Article 1341
general rule:
a mere expression of an opinion does not signify fraud however there are exceptions. Fraud by a third person presumes that both contracting parties are acting in good faith.
Article 1344
effect of causal fraud which is annulment and damages while incidental fraud is liability for damages.
Under article 1345-1346, simulation of a contract is the act of deliberately deceiving others, by feigning of pretending by agreement, the appearance of a contract which is either non-existent or concealed. There are two kinds which are absolute simulation and relative simulation.
Article 1347-1348 is about the object and its essential requisites. T
Article 1349- the quantity is not determinate shall not be a hindrance for a contract to come into existence .
Article 1350
Cause is an essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts.
Article 1351 provides the meaning of motive as a purely personal or private reason which a party has in entering into a contract.
Article 1354-1355 states that presumption in contracts as to cause are valid and every contract is presumed to have a cause.
Thank you, Atty!
Candido, Hannah Mae P.
PNC- 1BSA-A
Good Day Atty! Below is the summary on what I've learned in the video lecture.
This video is about Chapter II- Essential Requisites of Contracts
Section 1 General Provision. Article 1318 talks about the 3 (three) requisites of contracts which are consent, object, and consideration. it also discuss the different classes of elements of a contract. Article 1319 gives the definition of consent, offer, acceptance, and counter-offer. While Article 1320 discuss the forms of acceptance that already discusses under article 1319. It can be express (oral or written) or implied ( inferred from act or conduct). Article 1322 shows the communication of acceptance to the offerer and to agent. We will know when will be the offer becomes effective under Article 1323. The Article 1324 provides what is the option contract, option period, and option money. The option refers to the privilege given to the offeree. As a general rule, the offer may be withdrawn as a matter of right at any time before acceptance. Article 1325 shows what is the meaning of business advertisement and 1326 shows the meaning of bidders. While Article 1327 highlighted which persons are not allowed to give consent. The person who experiencing lucid interval and drunkness are also a person who cannot enter to a contract based on Article 1328. Article 1329 discuss the modifications declared for incapacity and other special disqualifications provided by law. The Characteristics of Consent is tackled under Article 1330. The meaning of mistake, mistake of fact, and mistake of law are discussed in Article 1331. The Mistake and its effect are explained in this article. The Article 1333 explains that if the person is aware about the risk of a contract and still accepts it, it is presumed to that he is willing to take chances. Therefore, there is no mistake. Article 1335-1336 is about violence, the violence or intimidation may be employed by a third person. Causal fraud is committed by one party before or at the time of the celebration of contract to secure the consent of the other is discussed on Article 1338. The requisites is also enumerate on this article. Under Article 1339 is a fraud by concealment. Article 1343 emphasizes the fraud made in good faith, and 1344 is about fraud and its effect. Article 1345-1346 is the simulation of a contract and its kinds of simulation.
Now, we're going to the Section 2 Objects of Contracts. Article 1347-1348 gives the meaning of objects, its requisites of thing as object of contract, and requisites of service as object of contract. As the general rule, all things, or services, or rights may be the object of a contract. But there is an exceptions on this that listed in this article. Next is the Section 3 Cause. The Art.1350 gives the meaning of cause or causa which means essential or more proximate purpose. The 1351 is about motive while 1352- 1353 enumerate the requisites of cause. The Article 1354-1355 talks about presumption in contracts as to cause, and the cause and effects of a contract.
Thankyou for the lecture and Godbless Atty!
Lozada, Isabel I.
1 BSA A
This is the summary of what I have learned in this video lecture:
Article 1318, gives the requisites of a contract which are the consent, object, and consideration where if one of it are not present, then it is assumed that no contract exists. Also, the classes must exist as well so that the contract can be considered valid.
Classes of elements of a contract:
1. Essential - requisites of a contract
2. Natural - presumed to exist even there is no stipulation between parties
3. Accidental - stipulations made by the contracting parties
Article 1319-1346: Consent
Article 1319, gives the meaning of consent in which it means that it is the meeting of minds (where the offer must be intended seriously and certainly and it must be accompanied by acceptance) of the parties.
Article 1320, states that an acceptance may be express or implied.
Article 1321, it states that the offerors can prescribe when, where, and how the acceptance will be made.
Article 1322, it applies to the communication of acceptance to agent.
Article 1323, states that an offer can be ineffective due to death, civil interdiction, insanity or insolvency of one of the binding parties before the acceptance of the offer. Moreover, other ground such as when non-compliance with the condition, expiration of the period of offer, or the destruction of the thing due were apparent.
Article 1324, enlightens that offer may be withdrawn before the acceptance of it.
Article 1325, states that if the business advertisements possesses specific particulars of a contract, then it is deemed to be definite offer.
Article 1326, it gives clarification that advertiser’s duty is only to accept or to reject offer made by the bidder.
Article 1327, individuals who cannot give consent to a because of lacking capability to understand are:
1. Person who is considered minors (below 18 years old)
2. Insane or demented persons
3. Deaf-mutes who do not know how to write
Article 1328, the exception to the persons who cannot give consent is when it is in a lucid interval. Also, it was also stated that the contract is voidable if a person is drunk or during a hypnotic spell.
Article 1329, it also talks about the modification declared for incapacity:
1. Necessaries - if basic necessities are delivered to a minor, then the minor must still pay a reasonable price
2. Life, Health, and Accident Insurance
3. It is a valid contract if it is entered by their guardian
4. Misrepresentation made by the minor which makes the other party to believe is also considered entered into a valid contract
5. Minor voluntarily pays a sum of money or delivers fungible thing and obligee has spent and consumed it in good faith.
Article 1330, it states the contract is voidable if consent were made through fraud, intimidation or threat, violence, undue influence, or mistake.
Article 1331, it talks about when error or mistake vitiates consent. It will vitiate if the main reason why the party entered into a contract. Furthermore, it was also mentioned that a simple mistake does not invalidate contract but a correction must be made.
Article 1332, it talks about the burden to prove that the contract is well explained to a person that cannot read or understand the language used.
Article 1333, it states that if a party accepted the risk regarding the contract, then that party cannot allege mistake.
Article 1334, talks about when a person is ignorant about the law.
Article 1335, it states that it also vitiates consent when the reason why the contract was entered into is because of violence; unless, if the threat is considered just and legal.
Article 1336, violence can be also employed by the third person, and to make the contract voidable and annullable, the requisites of violence must be present.
Article 1337, it is another ground to vitiate consent which is then inequity in power between the contracting parties: Undue Influence.
Article 1338, it states that the causal fraud talks about the actions done by the other party for the purpose of defrauding the other.
Article 1339, it talks about fraud by concealment which means there is failure to disclose facts when there is a duty to reveal them.
Article 1340, it states that it is normal to witness exaggeration in trade in which the customers are expected to become beware of it.
Article 1341, it states that an opinion does not equate to fraud unless made by the expert.
Article 1342, it is about the fraud made by a third person that can annul the contract of the parties.
Article 1343, it states that if the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error.
Article 1344, it gives distinction between the causal and incidental fraud’s effect:
1. Causal - annulment with damages
2. Incidental - damages
Article 1345-1346
It talks about the parties when parties entered in to a contract even though they did not intend to be bound at all or if they concealed it.
Article 1347-1349: Object
Article 1347-1348, states that an object is also an essential element of a valid contract and also the subject matter (may be all of the things, rights, or services can be the object of a contract). The exception is if it is intransmissible, things outside the commerce of a person, impossible things or services, future inheritance, and indeterminate objects.
Article 1349, gives enlightenment that an object of a contract must be determinate or at least determinable.
Article 1354-1355: Cause
In these articles, the meaning of cause; that is the purpose why parties entered into a contract. Also, motive was also mentioned to know the difference of it in a cause, where a motive is purely based on a personal or private reason. Cause of contracts such as the absence, failure, illegality, and falsity of cause, and lesion are also mentioned to know the effects of each.
Thank you, Atty.
Capillo, Aiberlyn C.
IBSA-A PNC
Good Day atty, summary of my learnings from this video are as follows:
Chapter 2- Essential Requisites of Contracts
Article 1318- Contract’s requisites are the following: Consent of the contracting parties, Object certain which is the subject matte of the contract, and cause of obligation which is established.
Section 1- Consent
Article 1319- This article defines consent which means that, the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of one contracting party with than of another or others, upon the object and terms of the contracts. On the other hand, “offer” is the proposal made by one party to another, indicating a willingness to enter into a contract. In addition, “acceptance” is the manifestation by the offerree of his assent to all the terms of the offer.
Article 1320- An express acceptance may be oral or written while an implied acceptance is inferred from act or conduct.
Article 1321- Discussed that the one who is offering has the right to choose the time, place, and manner of acceptance, all of which must be complied with.
Article 1322- Acceptance must be communicated to the offerrer and it can be either express or implied subject to the terms of the offer. On the other hand, an agent is considered as an extension of the personality of his principal.
Article 1323- Discussed that even if the offer is not withdrawn, its acceptance will not produce a meeting of minds in case the offer has become already ineffective.
Article 1324- When the offerer gives the offeree a certain period which to accept the offer, the offer may be withdrawn as a matter of right at any time before acceptance, the exception is when the option is founded as being paid or promised.
Article 1325- Business ads of things for sale are not definite offers acceptance of which will perfect a contract but are merely invitations to the reader to make an offer.
Article 1326- Advertisers are not generally the one making the offer in an advertisement for bidders, in reality, the bidders are the ones making the offer which the advertisers are free to accept or reject.
Article 1327- Unemancipated minors, insane or demented persons and deaf-mutes who do not know how to write are the persons who cannot give consent to a contract.
Article 1328- “Lucid interval” is a temporary period of sanity and contracts entered into during a lucid interval are valid. On the other hand, contracts agreed while in a state of drunkenness or during a hypnotic spell are voidable.
Article 1329- Contracts entered into by the persons enumerated in article 1327 are voidable, however, in certain cases, their incapacity may be modified by law, that is, they can also give a valid consent.
Article 1330- The contract must be based on the genuine assent of both parties to the contract and the terms thereof. There is no valid consent unless: It is intelligent, it is free and voluntary, and it is conscious or spontaneous.
Article 1331- Mistake or error is a false notion of a thing or a fact material to the contract. In order for it to invalidate consent, it should refer to the substance of the thing, which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract.
Article 1332- When one of the parties is unable to read or if the contract is in a language not understood by him, the party enforcing the contract is bound to prove that there is no fraud or mistake and that the terms are fully explained to the former.
Article 1333- If the party has the knowledge beforehand of the doubt, contingency or risk affecting the object of the contract, it is assumed that he has willing to take chances and therefore, cannot claim mistake.
Article 1334- Mistake of law does not invalidate consent because “ignorance of law excuses no one from non-compliance therewith.”
Article 1335- Violence means employment of physical force, under this article, the force employed must be either serious or irresistible for a consent to be defective. The following are the requisites for intimidation to vitiate the consent of the party to a contract.
1. It must produce a reasonable and well-grounded fear of an evil.
2. The evil must be imminent and grave
3. The evil must be upon his person or property or that of his spouse, descendants, or ascendants; and
4. It is the reason why he enters the contract.
Article 1336- Violence or intimidation may be employed by a third person who did not take part in the contract, for the contract to be annulled or void, it is necessary that the violence/intimidation must be in character required by article 1355.
Article 1337- Undue influence ( the influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done if he had been left to exercise freely his own judgement and discretion) will void a contract.
Article 1338- Causal fraud may be committed through insidious words or machinations or by concealment. “insidious words or machinations” include any misinterpretation in words or actions done with a fraudulent purpose.
Article 1339- A neglect or failure to communicate or disclose that which party to a contract knows and ought to communicate constitutes concealment, which is equivalent to misinterpretation or false representation.
Article 1340- The law does not consider usual exaggerations in trade fraudulent even if known false by the party making them, as amounting to fraud that will affect the validity of the contract.
Article 1341- A mere expression of opinion does not signify fraud. In order that it may amount to fraud, the following requisites must be present.
1. It must be made by an expert
2. The other contracting party has relied on the expert’s opinion; and
3. The opinion turned out false or erroneous
Article 1342- If the misinterpretation of the third party has created a substantial mistake and the same is mutual, that is, it affects both parties, the contract may be annulled but principally on the ground of mistake.
Article 1343- If the misinterpretation is not intentional but made in good faith, it is considered as a mere mistake or error.
Article 1344- In order that causal fraud may vitiate consent under this article, the following requisites must be present.
1. It should be serious
2. It should not have been employed by both contracting parties
3. It should not have been known by the other contracting party.
Article 1345- “Simulation of a contract” is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed.
Article 1346- The parties are bound by their real agreement provided it does not prejudice a third person and is not intended for a purpose contrary to law, morals, good customs, public order, or public policy.
Section 2- Object of contracts
Article 1347- It may be said that the thing, service, or right which is the object of the obligation is also the object of the contract.
Article 1348- Impossible things or services cannot be the object of contract.
Article 1349- It is sufficient that its is possible to determine the quantity of the object of the contract without the need of a new contract between the parties.
Section 3- Cause of Contracts
Article 1350- Cause (causa) is the essential reason or purpose which the contracting parties have in view at the time of entering into the contract.
Article 1351- Motive is the purely personal or private reason which a party has in entering a contract.
Article 1352- Contract without cause confer no right and produce no legal effect whatever.
Article 1353- If the cause is false, the contract is rendered void because the same actually does not exist.
Article 1354- There is a presumption that the even if the cause is not, expressly stated in the contract, the cause exists and is lawful unless the debtor proves the contrary.
Article 1355- Lesion is any damage caused by the fact that the price is unjust or inadequate. As a general rule, lesion or inadequacy of cause does not of itself invalidate a contract.
Thank You Atty
Agdefa, Cristine Bernadette Y.
1BSA-B
Good day, Atty.! These are my takeaways from this video lecture.
The 1st article discussed in the video gives the essential elements of a contract (consent, object and consideration), Natural elements and Accidental elements. Article 1319 gives the definition of consent, offer and acceptance. The next article provides the two forms of acceptance which is express or implied. And, the person who makes the offer has the right to prescribe time, place, and the manner of acceptance according to Article 1321. When offers become ineffectual which can be due to death, insanity, civil interdiction or insolvency of one party was discussed in Article 1323. Article 1324 gives the general rule that offer may be withdrawn at any time before acceptance. Article 1325 and 1326 provides the not definite offers which are in the former, business advertisement and in the latter, advertisement for bidders. Article 1327 talk about the persons who cannot give consent. Article 1328 stated that contract entered during lucid intervals, state of drunkenness or during a hypnotic spell are voidable. Moreover, a contract is voidable if permission is given by mistake, violence, intimidation, undue influence, or fraud, according to Article 1330. A mistake, according to Article 1331, is a misleading perception of a thing or a material fact to the contrary. According to Article 1332, the person enforcing the contract bears the duty of proving that the contract is clearly described to the person who is unable to read or understand the language used. According to Article 1333, if a person is informed of the contract's danger and yet accepts it, it is assumed that he is willing to take a chance or risk, and there are no mistakes. Article 1335 discussed the nature of violence and force and in article 1336 discussed the effect of it in the obligation. Undue influence is defined in Article 1337 as an influence that overpowers a party's thinking and prevents him from behaving rationally. Moving on, article 1338 deals with Causal Fraud, which occurs when one party commits fraud prior to the contract's completion and is the reason why the other party joins into the contract. Article 1339 refers to deception by concealing or failing to disclose facts when there is a legal need to do so. Article 1340-1340 discussed the cases which should not be considered as fraud (According to Article 1340, it is not fraudulent when vendors exaggerate items in order to make sales at the maximum price because this is customary. According to Article 1341, the mere statement of an opinion does not constitute fraud. According to Article 1343, if a deception is committed in good faith, it is considered a simple mistake or error). Article 1344 distinguishes between the effects of Causal and Incidental Fraud. The object is the second fundamental element of a valid contract which is discussed Articles 1347-1248. And last, article 1350 talked about the cause which is the third essential element of a contract. Thank you for this video lecture, Atty.! Have a great day.
Lucaba, Glenda Angela N.
1BSA-A
Listed below is the summary of my learnings from in this video.
Chapter 2. ESSENTIAL REQUISITES OF CONTRACTS
Art. 1318 - Consent must be free and given by someone who is sui juris, or one who has capacity to act. Therefore it must be freely given by the party and must be an intelligent consent, the party must know what he is consenting. Object of a contract must be definite or determinate as to its kind; it must be lawful or it must be within commence of man. It must like wise be possible, and not in any way contrary to good customs, morals, public order or public policy. Cause must be true and licit. A contract with an illicit cause produces no effect whatsoever.
Art. 1319 - Consent is giving of one’s conformity to the terms of the contract freely and voluntarily. It is the concurrence of the minds of the parties on the cause and subject matter which will constitute the contract, as well as on the other conditions and terms thereof to which they voluntarily binds themselves to comply. Consent may be expressly or implied. Offer is a proposal made by one party to another to enter into a contract. It is more than an expression of desire or hope. It is a promise to act or to refrain from acting on condition that the terms thereof are accepted by the person to who it is made.
Art. 1320 - This article speaks of forms of acceptance of offer which are: express acceptance and implied acceptance. Express acceptance that may be oral or written and implied acceptance that is one that is inferred from the act or conduct.
Art. 1321 - The offer to set forth the terms of acceptance. When these terms are set forth, the offeree, should he wish to accept, must comply with the terms of the offeror.
Art. 1322 - For a contract to arise, the acceptance must be made known to the offeror. By legal fiction, an agent is considered an extension of the personality of his principal. If duly authorized, the act of the agent is, in law, the act of the principal.
Art. 1323 - Even if the offer is not withdrawn, its acceptance will not produce a meeting of the minds in case the offer has already become ineffective because of the death, civil interdiction, insanity, or insolvency of either party before the conveyance of the acceptance to the offeror.
Art. 1324 - This article pertain to an offer made to a particular person and the offeree is given a specific period within which to accept the offer. Under this article an offer mey be withdrawn even if the oferree was given a period within wich to accept. Except the offeree has paid a consideration to support the action.
Art. 1325 - A definite offer does not contain all the specific particulars needed in a contract.
Art. 1326 - Most advertisements are simply invitations to make an offer and are not offers in themselves since not all the necessary terms can fit in the advertisement. Even if the advertisement had all the necessary terms, it’s still an invitation to make offer since there is no definite person to whom the offer is being made.
Art. 1327 - Persons who cannot give consent to a contract are unemancipated minors which are minors below 18 years of age. Children below 18 by themselves being minors cannot enter into valid contracts. Insane Or Demented Persons are also one as when a person is insane or demented, his is detached from reality. He does not know what he is doing. He cannot act with legal effects. Lastly are those who are deaf and mutes but not all, only those who do not know how to write are disqualified.
Art. 1328 - This article speaks of the
effects of lucid interval, drunkenness and hypnotic spell.Lucid interval is the temporary period of sanity. A contract entered into by an insane or demented person during a lucid interval is valid. Drunkenness and hypnotic spell impair the capacity of a person to give intelligent consent. Individual who enters into a contract while he is in a state of drunkenness makes a contract voidable. He who is under hypnotic spell is said to be in varying degrees under control and direction of the hypnotist.
Art. 1329 - The persons enumerated under Article 1327 incapacitated to give consent to contracts due to their lack of mental capacity to do so. They are either deaf-mutes, insane or demented.
On the other hand, the special disqualifications mentioned in Article 1329 refer to those explicitly disqualified by law from entering certain contracts.
Art. 1330 - In order that consent may be sufficient for purposes of contract, it is required, not only that it exists. Aside from the requirement that consent must be manifested by the meeting of the offer and the acceptance (Art. 1319.), there is no valid consent unless: (1) It is intelligent,(2) It is free and voluntary, and; (3) It is conscious or spontaneous.
Art. 1331 - Mistake or error is the false notion of a thing or a fact material to the contract. Nature of mistake are identified as, Mistake may be of fact or of law, and mistake contemplated by law is substantial mistake of fact, that is, the party would not have given his consent had he known of the mistake. Hence, not every mistake will vitiate consent and make a contract voidable.
Art. 1332 - Article 1332 protects the weak and disadvantage. Under this article the burden of proof is shifted to the stronger party to prove that the terms of the contract were fully explained to the weaker party.
Art. 1333 - Knowledge of doubt or risk does not vitiate consent. It is to be assumed here that the party was willing to take the risk. This is particularly true in contracts which re evidently aleatory in nature.
Art. 1334 - For the article to apply, the following requisites must be present. However, if there has been a meeting of minds as the object of the contract, the proper remedy is reformation of the instrument.
Art. 1335 - Violence is external and requires the employment of physical force which must be serious and irresistible.
Art. 1336 - Article 1336 speaks of violence or intimidation by a third person. It is necessary that that the party employing violence must use serious and irresistible force. Intimidation must draw from the person thus intimidated a reasonable or well-grounded fear of suffering an imminent and serious evil on his person or on his property and also on those of his descendants or ascendants.
Art. 1337 - This article talks about undue influence wherein the influence must be of a kind that so overpowers and subjugates the mind of a party as to destroy his free agency and make him express the will of another, rather than his own.
Art. 1338 - Causal fraud or dolo causante is the fraud employed by one party prior to or simultaneous with the creation of the contract to secure the consent of the other. It is the fraud used by a party to induce the other to enter into a contract without which the latter would not have agreed to, taking into account the circumstances of the case. The fraud must be that which determines or is the essential cause of the contract.
Art. 1339 - A neglect or failure to communicate that which a party to a contract knows and ought to communicate constitutes concealment. In this case, concealment is equivalent to misrepresentation. Silence or concealment by itself does not constitute fraud. The concealment contemplated in Article 1339 presupposes a purpose or design to hide facts which the other party ought to know.
Art. 1340 - Usual exaggerations in trade or business known as ” tolerated fraud ” are not fraudulent by themselves when the other party has the opportunity to investigate and know the true facts.
Art. 1341 - The opinion of an expert is almost in the same category as a fact, particularly when this expert’s knowledge is relied upon by the other party.
Art. 1342 - the misrepresentation of fraud employed by a third person does not vitiate consent, Except when there is a connivance between the third person and one of the contracting parties. And when it has created substantial mistake on both parties.
Art. 1343 - The misrepresentation made must be unintentional.
Art. 1344 - When there is already a pre-existing contract entered into by the parties and it is a valid one and while one party is performing his obligation, another commits the fraud.
Art. 1345 - Simulation of a contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed (1 Castan 504.) or is different from that which was really executed.
Art. 1346 - Absolute simulation is one where the parties do not intend to be bound by the contract. Relative simulation or when the contract entered into by the parties is different from their true agreement or the parties state a false cause in the contract to conceal their real agreement.
Section 2. OBJECTS OF CONTRACTS
Art. 1347 - Not all rights may be the object of contracts but only transmissible rights. The right to vote which is political in nature, marital rights which are personal, right to receive future support and similar others cannot be the subject of contract being in transmissible rights. While future inheritance is a future thing it cannot be the subject of a contract. The reason is that future inheritance is just an inchoate right which comes into realization only after the death of the predecessor. Its amount cannot be exactly determined until the final settlement of the estate.
Art. 1348 - Generally, the impossibility referred to by the law is absolute impossibility.
Art. 1349 - Once the object is determinate or a specific thing no need for a new or further agreement between the parties, but when the obligation consists in the delivery of a generic or indeterminate thing, whose Quality and circumstances have not been stated, There is a need of a new or further agreement between the parties.
Section 3. CAUSE OF CONTRACT
Art. 1350 - Cause is the essential or more proximate purpose which the contracting parties have in view at the time of entering into a contract.
Art. 1351 - Motive is the condition of the mind which incites to action and cause is the illegality of which affects the validity of a contract.
Art. 1352 - Illegality of cause implies that there is a cause but the same is unlawful or illegal. The cause is unlawful if it is contrary to law, morals, good customs public order, or public policy. Contracts with unlawful cause are also null and void.
Art. 1353 - By falsity of cause is meant that the contract states a valid consideration but such statement is not true. A false cause may be erroneous or simulated. The first always produces the inexistence of a contract.
Art. 1354 - For the convenience of the parties and of the courts it is better that the cause or consideration be stated in the contract. However, in the event that the contract does not state its cause, the presumption of the law operates that the cause exists and is lawful, unless the debtor proves the contrary.
Art. 1355 - Lesion is the inadequacy of cause, like an insufficient price for a thing sold.
AROMIN, MARIA CONCEPCION
1BSA-A
article 1318, the three requisites of a contract were enumerated. They are the COC, or consent, object, and consideration. Also, under section 1325, commercial advertisements generally do not define an offer. This is an invitation for readers to submit a quote. In section 1326, advertisements addressed to bidders are not final offers, but rather offers that advertisers can freely accept or reject. The general rule of thumb is that advertisers do not necessarily accept the highest bidder or the lowest bidder, unless otherwise occurs. In addition, article 1327 assumes the ability to give consent. Those who cannot give consent are unliberated minors, lunatics or lunatics, and deaf-mute people who cannot write. The reason for disqualification is that these people can easily become victims of fraud because they cannot understand or know the importance of their actions. Also in Article 1328, the awake interval is a temporary period of being awake and drunk; hypnotism can impair a person’s ability to give intelligent consent. Art. 1330 talks about characteristics of consent. There is no valid consent unless it is intelligent, it is free and voluntary, or it is conscious or spontaneous. The different vices of consent are fraud or deceit, intimidation, violence, undue influence, and error or mistake where it makes the contract voidable. Articke 1331 talks about the effect of mistake of account. A simple mistake does not a contract while the in gross mistake, a party cannot avoid liability on the ground of mistake.Article 1332 talks about burden of proof in case of mistake or fraud, the person enforcing the contract must fully explained the terms to the person who is unable to understand it.Article 1333 states that there is no mistake if the person accepting the contract knew the consequences or the risk affecting the contract.
Claris M. Paligar
1BSA-A
This is my summary/ take aways to this topic
Article 1318. There is no contract unless the following requisites concur: (1) Consent of the contracting parties; (2) Object certain which is the subject matter of the contract; and (3) Cause of the obligation which is established.[1] CONSENT
Article 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.
Article 1320. An acceptance may be express or implied.
Article 1321. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with.
Article 1322. An offer made through an agent is accepted from the time acceptance is communicated to him.
Article 1323. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed.
Article 1324. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised.
Article 1325. Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer.
Article 1326. Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears.
Article 1327. The following cannot give consent to a contracts
(1) Unemancipated minors;
(2) Insane or demented persons, and deaf-mutes who do not know how to write.
Article 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable.
Article 1329. The incapacity declared in article 1327 is subject to the modifications determined by law, and is understood to be without prejudice to special disqualifications established in the laws.
Article 1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.
Article 1331. In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract.
Article 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.
Article 1333-There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. It is to be assumed here that the party was willing to take the risk.
Article 1334- For the article to apply, the following requisites must be present:
The error must be mutual;
It must be as to the legal effect of an agreement; and
It must frustrate the real purpose of the parties.
Article 1335. There is violence when in order to wrest consent, serious or irresistible force is employed.
Article 1336. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract.
Article 1337. There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice.
Article 1338. There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to.
Article 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud.
Article 1340. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent.
Article 1341. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former’s special knowledge.
Article 1342. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual.
Article 1344. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties.
Article 1345. Simulation of a contract may be absolute or relative. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement.
Article 1346. An absolutely simulated or fictitious contract is void. A relative simulation, when it does not prejudice a third person and is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement.
Article 1347. All things which are not outside the commerce of men, including future things, may be the object of a contract.
Article 1348. Impossible things or services cannot be the object of contracts.
Article 1349. The object of every contract must be determinate as to its kind. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract, provided it is possible to determine the same, without the need of a new contract between the parties.
Article 1350. In onerous contracts the cause is understood to be, for each contracting party, the prestation or promise of a thing or service by the other; in remuneratory ones, the service or benefit which is remunerated; and in contracts of pure beneficence, the mere liberality of the benefactor.
Article 1351. The particular motives of the parties in entering into a contract are different from the cause thereof
Article 1352. Contracts without cause, or with unlawful cause, produce no effect whatever. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy.
Article 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.
Article 1354. Although the cause is not stated in the contract, it is presumed that it exists and is lawful, unless the debtor proves the contrary.
Article 1355. Except in cases specified by law, lesion or inadequacy of cause shall not invalidate a contract, unless there has been fraud, mistake or undue influence.
Some of this is came for the page/article that I read in this link www.google.com/amp/s/jurisdoctor1a.wordpress.com/2019/04/03/chapter-2-essential-requisites-of-contracts/amp/.
Laarni Joy Cabanela
1BSA-A
Pamantasan ng Cabuyao
Good Day, Atty. Here is the summary of what I have learned in this video.
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.
Art. 1320. An acceptance may be express or implied.
Art. 1321. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with.
Art. 1322. An offer made through an agent is accepted from the time acceptance is communicated to him.
Art. 1323. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed.
Art. 1324. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised.
Art. 1325. Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer.
Art. 1326. Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears.
Art. 1327. The following cannot give consent to a contract:
(1) Unemancipated minors;
(2) Insane or demented persons, and deaf-mutes who do not know how to write.
Art. 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable.
Art. 1329. The incapacity declared in Article 1327 is subject to the modifications determined by law, and is understood to be without prejudice to special disqualifications established in the laws.
Art. 1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.
Art. 1331. In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract.
Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract.
A simple mistake of account shall give rise to its correction.
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.
Art. 1333. There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract.
Art. 1334. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent.
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.
Art. 1336. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract.
Art. 1337. There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress.
Art. 1338. There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to.
Art. 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud.
Art. 1340. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent.
Art. 1341. A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former's special knowledge.
Art. 1342. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual.
Art. 1343. Misrepresentation made in good faith is not fraudulent but may constitute error.
Art. 1344. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties.
Incidental fraud only obliges the person employing it to pay damages.
Art. 1345. Simulation of a contract may be absolute or relative. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement.
Art. 1346. An absolutely simulated or fictitious contract is void. A relative simulation, when it does not prejudice a third person and is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement.
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.
Thank you, Atty.
Camposano, Ayumi H.
1 BSA B
Pamantasan ng Cabuyao
Good day, Sir.
Here are my key takeaways after watching the video.
• Chapter 2: Essential Requisites of Contracts.
-Article 1318
This article states the requisites of a contract which is the Consent, Object, and Consideration.
-Classes of elements of a contract
1. Essential
2. Natural
3. Accidental
•Section 1: Consent
-Article 1319
*Consent - conformity or concurrence of wills and with respect to contracts.
*Offer - it is the proposal made by one party to another
*Acceptance - Manifestation of the offeree of his asset.
*Counter Offer - Rejection of the original offer and an attempt by the parties to enter into a contract.
*This article also states that an offer made in jest, anger or when emotionally upset is not a valid offer.
-Article 1323
This article discusses that an offer becomes ineffective upon:
1. Death of the offeree
2. Insanity
3. Civil retardation
4. Insolvency of either party.
-Article 1324
This is an important provision wherein it talks about 'Option Contract' which means that giving a person for a consideration a certain period within which to accept the offer of the offeror.
-This article also tells that a person upon payment of consideration can exercise hia right to accept the offer within a certain period.
-General rule: The offer may be withdrawn as a matter of right at any time before acceptance.
-Article 1325
* Business advertisements
Generally not define offers.
-Article 1326
* Bidders
General rule: The advertisers is not allowed to accept the highest bidder or the lowest bidder.
- Article 1327
* Persons who cannot give consent to a contract:
1. Incapacitated minors
2. Insane
3. Deaf - muted who do not know how to read and write.
-Article 1328
Lucid Interval
Temporary period of sanity. Wherein when a person is in this state. The insane person regain his sanity, he will be able to differentiate what is real and not.
-Article 1330
Characteristics of consent:
1. Intelligent
2. Free and Voluntary
3. Conscious and spontaneous
Visces of Consent
1. Fraud or deceit
2. Intimidation
3. Violence
4. Undue or Influence
5. Mistake or error
-Article 1331
Mistake - False notion of a thing
Mistake of fact - Arise from ignorance
Mistake of Law - Substantial mistake of fact.
-Article 1332
This article states that whoever the party who tries to enforce the contract then he has the burden to prove that the contract has been well explained.
- Article 1335
Violence - Requires the employment of physical force
- Article 1336
Violence or intimidation may be employed by a third person.
- Article 1338
Causal fraud - Committed by one party before or at the time of the celebration of contract to secure the consent of the other.
- Article 1339
Fraud by concealment - It is a failure to disclose facts when there is duty to reveal them.
-Article 1340
This article shows that when there is some exaggeration in regards to the quantity of a product then it is not a ground to invalidate a contract.
-Article 1341
General rule: A mere expression of an opinion does not signify fraud
-Article 1343
Fraud made in good faith
If the misrepresentation is not intentional but made in good faith it is considered a mere mistake.
Effect: voidable on ground of mistake.
-Article 1345-1346
Simulation of contract
The act of deliberately deceiving others by feigning by agreement, the appearance of contract which is either non - existent or concealed.
Kinds of simulation: Absolute and relative.
Section 2 : Object of Contracts
Article 1347-1348
Object - the second essential element of valid contracts. It can be things, rights or services.
General rule: all things, or services or rights may be the object of contract.
Except when it is intransmissible, things outside the commerce of man, Impossible things, Future inheritance and Objects which are not possible of determination.
Section 3 : Cause
Article 1350
Cause - Essential or more proximate purpose which the contracting parties have in view at the time of entering into the contract.
Motive - a motive is not a cause .
-purely personal which a party has in entering into a contract.
Azagra, Mark Johndave A.
1 BSA-B
Good Afternoon Atty.
Here are the summary on what i've learned on this discussion.
ARTICLE 1318
• Requisites of Contract. (C,O,C)
• Classes of Elements of a Contract. (E,N,A)
ARTICLE 1319
• Consent.
• Offer.
• Acceptance.
• Counter-offer.
• Offer made in jest, anger and emotionally upset is not valid offer.
ARTICLE 1320
• Forms of Acceptance. (E,I)
ARTICLE 1321
• Person making the offer.
ARTICLE 1322
• Communication of Acceptance. (O,A)
ARTICLE 1323
• Offer becomes ineffective. (D,I,C,I)
• Other grounds which render offer ineffective.
ARTICLE 1324
• Option Contract.
• Option Period.
• Option Money.
• Option
ARTICLE 1325
• Business advertisements.
ARTICLE 1326
• Bidders.
ARTICLE 1327
• Persons who cannot give consent. (U,I,D)
• Reasons for Disqualification
ARTICLE 1328
• Lucid Interval.
• Drunkeness: Hypnotic Spell.
ARTICLE 1329
• Modification declared for Incapacity. (N,L,H,A,I,G,M,V)
ARTICLE 1330
• Characteristic of Consent. (I,F,V,C,S)
• Vices of Consent. (F,I,V,U,M)
• Mistake.
• Mistake of Fact.
• Mistake of Law.
ARTICLE 1331
• Mistake Effect. (S,G)
ARTICLE 1332
• 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.
ARTICLE 1333
• There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract.
ARTICLE 1334
• Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent.
ARTICLE 1335
• Violence.
• Requisites of Violence.
ARTICLE 1336
• Violence by a third person.
• Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract.
ARTICLE 1337
• Undue Influence.
• There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice.
ARTICLE 1338
• There is fraud when, through insidious words or machination of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to.
ARTICLE 1339
• Fraud by Concealment.
• Failure to disclosed facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud.
ARTICLE 1340
• The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent.
• Usual or Tolerant exaggerations in trade.
ARTICLE 1341
• A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former’s special knowledge.
ARTICLE 1342
• Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual.
ARTICLE 1343
• Misrepresentation made in good faith is not fraudulent but may constitute error. If the misrepresentation is not intentional but made in good faith, it is considered a mere mistake or error.
ARTICLE 1344
• In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. Incidental fraud only obliges the person employing it to pay damages.
ARTICLE 1345
• Simulation of a contract may be absolute or relative. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement.
ARTICLE 1346
• The absolutely simulated or fictitious contract is void. A relative simulation, when it does not prejudice a third person and is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement.
ARTICLE 1347
• All things which are not outside the commerce of men, including future things, may be the object of a contract. No contract may be entered into upon future inheritance except in cases expressly authorized by law.
ARTICLE 1348
• Impossible things or services cannot be the object of contracts.
ARTICLE 1349
• The object of every contract must be determinate as to its kind. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract,provided it is possible to determine the same,without the need of a new contract between the parties.
ARTICLE 1350
• In onerous contracts the cause is understood to be, for each contracting party the prestation or promise of a thing or service by the other; in remuneratory ones, the service or benefit which remunerated; and in contracts of pure beneficence, the mere liberality of the benefactor.
ARTICLE 1351
• The particular motives of the parties in entering into a contract are different from the cause thereof.
ARTICLE 1352
• Contracts without cause, or with unlawful cause, produce no effect whatever. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy.
ARTICLE 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.
Thank you Atty. and Godbless.
Galuz,Lotus Anne A.
1BSA - A
Article 1318 the requisites of a contract and the classes of elements of a contract.
Article 1319 discusses about consent.
Article 1320 the two forms of acceptance which is the express and implied.
Article 1321 the person making the offer has the right to prescribe the time, place and the manner of acceptance.
Article 1322 the communication of acceptance.
Article 1233 states that an offer is ineffective upon death, civil interdiction, insanity or insolvency of either party before acceptance is conveyed.
Article 1324 talks about the option contract.
Article 1325 states that business advertisements of things for sale are not definite offers, but mere invitations to make an offer, unless it appears otherwise.
Article 1326 states that advertisements for bidders are simply invitations to make proposala and the advertisee is not bound to accept the highest or lowest bidder, unless the contrary appears.
Article 1327 talks about the persons who cannot give consent.
Article 1328 states that contracts entered in to during a lucid interval is valid while contracts agreed into in a state of drunkenness or during a hypnotic spell are voidable.
Article 1329 discusses about the modifications declared for incapacity.
Article 1330 states that a contract where consent is given through mistake, violence, intimidation, undue influence or fraud is voidable. It also discusses the characteristics and vices of consent.
Article 1331 talks about mistake. Mistake of fact amd mistake of law.
Article 1332 states that the person enforcing the contract must show that the terms are fully explained to the parties who is unable to read, or if the person don't understand the language uses in contract.
Article 1333 states that there is no mistake if the party had a doubt and is aware on the risk affecting the object of the contract.
Article 1334 talks about mutual error.
Article 1335 talks about the definition and requisites of violence.
Article 1336 speaks about violence or intimidation may be employed by a third person.
Article 1337 talks about the meaning of undue influence. This is an influence of a kind that so overpowers the mind of a party as to prevent him from acting understandingly and voluntarily to do what he would have done. There are circumstances to be considered which are confidentiality and family between the parties, mental weakness, and ignorance.
Article 1338 talks about casual fraud which means are committed by one party before or at the time of the celebration of a contract to secure the consent of the other. The requisites of casual fraud are misrepresentation or concealment of a material fact with knowledge of its falsity, it must be serious, it must have been employed by only one of the contracting parties, must be made in bad faith, must have induced the consent of the other contracting party and must be alleged and proved by clear evidence.
Article 1339 discussed the meaning of fraud by concealment. It is the failure to disclose facts when there is a duty to reveal them and it is equivalent to misrepresentation or false representation.
Article 1340 talks about usual exexaggerations in trade. It is not fraudulent since the seller is normally expected to be exaggerated to make a sale at the highest price possible.
Article 1341 speaks about the expression of opinion that does not signify fraud.
Article 1342 talks about fraud by a third person. It is presumed that both contracting parties are acting in good faith.
Article 1343 talks about fraud made in good faith.
Article 1344 discussed the effect of causal and incidental.
Article 1345-1346 discussed the simulation of a contract.
Article 1347-1348 talks about the concept of object.
Article 1349 said that if the quantity is not determinate it shall not be a hindrance to the existence of a contract.
Article 1350 Cause or causa is necessary by which the contracting parties have in view at the time of entering into the contracts.
Article 1351 Motive occur when private reason which a party has entering into a contract.
Article 1352-1353 Requisites of cause
1. It must be occur at the exact time when the contract begin.
2. It must be lawful
3. It must be real
Thank you Atty!
Krisha Eunice Rivas
1BSA-A
PNC
Good day Attorney, here are the summary of what I learned on this video.
Chapter 2 ESSENTIAL REQUISITES OF CONTRACTS
Article 318- Consent of the contracting parties, Object certain which is the subject matter of the contract and Cause of the obligation which is established are the requisites to form a contract.
Article 1319- consent is the conformity or concurrence of wills and with respect to contracts it is the agreement of the will of one acting party with that of another or others upon the object and terms of the contract. offer is a proposal made by one party to another indicating a willingness to enter into a contract it is more than an expression of desirable hope. Acceptance 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.
Article 1320- as may be expressed or implied it may be oral or written.
Article 1321- the person making the offer have the right to prescribe the time the place and the manner of acceptance all of which must be complied with. So the communication of the offer must be communicated and received by the offeree.
Article 1322- an offer made through an agent is accepted from the time acceptance is communicated to him
Article 1323- an offer may be revoked or withdrawn at anytime before it is accepted here live by communicating such intention to the other party.
Article 1324- option contract is one keeping a person for a consideration a certain period which to accept the offer of the offerer. Option period is the period given within which the offeree must accept the offer. And the option money is the money paid or promised to be paid in consideration for the option.
Article 1325- business advertisements of things for sale are not definite offers acceptance of which will perfect a contract but are merely invitations to the reader to make an offer.
Article 1326- as a general rule, the advertiser is not bound to accept the highest bidder for the lowest bidder unless the contrary appears. In advertisement for bidders, the advertiser is not the one making the offer so the bitter is the one making the offer which the advertiser is free to accept or reject.
Article 1327- unemancipated minors, insane or demented persons, and deaf mutes are the persons who cannot give consent.
Article 1328- lucid interval is a temporary period of sanity must be shown that there is a full return of the mind to sanity as to enable him to understand the contract he is entering to. Drunkenness and hypnotic spell or equivalent to temporary insanity because it impairs the capacity of a person to give intelligent consent.
Article 1329- other special disqualifications may be provided by law, under the court of rules the following are considered incompetents place under guardianship.
a . suffering the accessory penalty civil interdiction
b . hospitalized lepers
c. prodigals
d . death and dumb who are unable to read and write
e . those who are of unsound mind even though they have lucid intervals and;
f . those who by reason of age, disease, weak mind and other similar causes.
Article 1330- there is no valid consent unless: it is intelligent, it is free and voluntary , send it is conscious or spontaneous.
Article 1331- mistake or error is the false notion of a thing or a fact material to the contract. So a simple mistake of account for calculation does not avoid a contract because it does not effect its essential requisites. While mistake gross, it was clearly apparent to one party and therefore would be impossible to escape and cannot avoid avoid liability on the ground of mistake in computation.
Article 1332- it is the party enforcing the contract who is duty bound to show that there has been no fraud or mistake and that the terms of the contract have been fully explained to the former.
Article 1333 - there is no mistake in the party alleging it new the doubt, contingency or affecting the object of the contract.
Article 1334- mistake of law is that which arises from an ignorance of some provision of law.
Article 1335- violence requires the employment of physical force, it must be either serious or irresistible.
Article 1336- it is necessary that the violence or intimidation must be of the character required in Article 1335.
Article 1337- undue influence is influence of a kind that so overpowers the mind of a party as to prevent him from acting understanding lee and voluntarily to do what he would have done if he had been left to exercise clearly his own judgment and discretion. To avoid a contract the influence must be and you or improper.
Article 1338- in order that strongly enough content, the following requisites must be present:
1.There must be misrepresentation or concealment of a material fact with knowledge of its falsity.
2.It must be serious.
3. It must have been employed by only one of the contracting parties.
4. It must be made in bad faith
5.It must have induced the consent of the other contracting party .
6. it must be alleged by clear and convincing evidence.
Article 1339- an egg like or failure to communicate or disclose that which a party to a contract knows and ought to communicate constitutes concealment.
Article 1340- dealer's talk or trader's talk are representation which do not appear on the face of the contract and these do not bind either party.
Article 1341- the representation must refer to facts not opinions.
Article 1342- temptation by a third person does not betray consent, unless such misrepresentation has created substantial mistake and the same is mutual.
Article 1343- misrepresentation made in good faith is no fraudulent but may constitute error .
Article 1344- the two kinds of fraud in the making of the contracts are the; causal fraud and the incidental fraud .
Article 1345- simulation of a contract may be absolute or relative
Article 1346- simulation of a contract is the act of jellyfish weekly deceiving others, by pretending in the agreement
Section 2. Objects of Contracts
Article 1347- the object of a contract is its subject matter.
Article 1348- impossible things or services cannot be the object of contracts .
Article 1349- the object of a contract must be determinate at to its kind or at least determinable without the necessity of a new or farther agreement between the parties .
Section 3. Period Cause of Contracts
Article 1350- cause is the essential reason or purpose which the contracting parties have in view at the time of entry into the contract.
Article 1351- motive in the purely personal or private reason which a party has in entering into a contract. It is different from the cost of the contract .
Article 1352- the cause must be exist at the time the contract is entered into, it must be lawful and it must be true or real.
Article 1354- the presumption in the cause stated in the contract that it is is lawful unless the debtor proves the contrary .
Article 1355 -lesion is any damage caused by the fact that the price is unjust or inadequate. The general rule that it does not invalidate a contract.
THANK YOU!!!
Azada, Leonardo Daniel T.
1BSA-A
PnC
Good day Atty. Here are my key takeaways from this video lecture Chapter 2 Essential Requisites of Contracts.
Article 1318: This article states the requisites of a contract and that's the consent, object, and cause.
Section 1: Consent
Article 1319: Tells about the definition of consent which is the conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting party.
Article 1320: States the different forms of acceptance it could be express or implied.
Article 1321: This article tells about the person making the offer and that particular person has the right to prescribe the time, place, and manner of acceptance.
Article 1322: Shows the communication of acceptance to the offerer, and to the agent.
Article 1323: Offers become ineffective upon death, insanity, civil interdiction, and insolvency of either party.
Article 1324: Talks about the option contract and it is giving a person a consideration on a certain period within which to accept the offer of the offerer, aside from that there's also option period and option money in this article.
Article 1325: Talks about the business advertisements which is an invitation to the reader to make an offer.
Article 1326: This article is about bidders which is the one making the offer which the advertiser is free to accept or reject.
Article 1327: Talks about the capacity to give consent are presumed.
Article 1328: Talks about the lucid interval and this means a temporary period of sanity.
Article 1329: This is about the modifications declared for incapacity and some of these are necessaries, and life, health, and accident insurance
Article 1330: Talks about characteristics of consent and they are intelligent, free and voluntary, and conscious and spontaneous.
Article 1331: This article talks about the mistake in a contract.
Article 1332 - 1334: This is about proving that the contract is well explained and that burden will be received by the person who enforced the contract. If the person is aware of the risk and still accepts it, then the law takes it as a no mistake.
Article 1335 - 1336 Talks about violence and it requires the employment of physical force. and this violence may be employed by a third person.
Article 1337: States undue influence and circumstances to be considered.
Article 1338: This article is about causal fraud and this is committed by one party or at the time of the celebration of a contract to secure the consent of the other.
Article 1339 - 1344: Fraud by concealment is the failure to disclose facts when there is the duty to reveal them. Usual exaggeration in trade and a mere expression of opinion is not considered fraud. If it is made by a third person the presumption is that both the contracting parties are acting in good faith. Fraud made in good faith is considered a mere mistake or error. If it is causal fraud the effect would be annulment and damages while in incidental the effect could be the liability for damages.
Article 1345 - 1346: Talks about the simulation of contract which is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed. The kinds of simulation are absolute simulation and relative simulation.
Section 2: Object of Contracts
Article 1347 - 1348: Object is the second essential element of a valid contract, and this may be things, rights, or services except in transmissible rights by their nature, or by stipulation, or of provision of law.
Article 1349: The fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence.
Section 3: Cause
Article 1350 - 1351: Cause is the essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts. Motive is not a cause and this is the purely personal or private reason which a party has in entering into a contract.
Article 1352 - 1355: Cause must exist at the time the contract is entered, it must be lawful, and it must be true or real. The presumption is every contract is presumed to have a cause and it should be valid. The types of causes are the absence or want of cause, failure of cause, illegality of cause, falsity of cause, and lesion.
Ellorda, Rishlene Jane S.
1 BSA-B
PNC
Below are the knowledge I gained in this video:
Chapter 2: Essential Requisites of Contracts
Article 1318, there are three requisites of contract- COC (Consent, Object, and Consideration).
Classes of Element of a contract- Essential, Natural, and Accidental.
Article 1319, it defined the consent that is a conformity or concurrence of wills and with respect to contracts, it is the agreement of the will of the contracting parties.
Offer, a proposal made by one party to another.
Acceptance, manifestation by the offeree of his assent to all the terms of the offer.
Counter-offer, rejection of the original offer and an attempt by the party to enter into a contract on a different basis.
Article 1320, forms of acceptance- Express and Implied.
Article 1321, person making the offer has the right to prescribe the time, place, and the manner of acceptance.
Article 1322, communication of acceptance;
to the offerer, acceptance must be absolute.
to the agent, agent is considered as an extension of personality of thr principal.
Article 1323, offer becomes ineffective upon death, insanity, civil interdiction, and insolvency of either party.
Article 1324, Option Contract, giving a person for a consideration a certain period within which to accept the offer of the offerer.
Option Period, the period given within which the offeree must accept the offer.
Option Money, money paid or promised to be paid in consideration for the option.
Option, privelege given to the offeree to accept an offer within a certain period.
Article 1325, business advertisement, generally are not definite offers.
Article 1326, bidders are the one making the offer which the advertiser is free to accept or reject.
Article 1327, person who cannot give consent- Unemancipated minors, Insane or demented persons, and Deaf-mutes who do not know how to write.
Article 1328, Lucid Interval, temporary period of sanity (The insane person can regain his sanity)
Drunkeness; Hypnotic Spell, impair capacity of a person to give intelligent consent.
Article 1329, Modifications Declared for Incapacity: Necessaries, Life, Health, and Accident Insurance, Guardian or legal representative, Misinterpresented his age, and Minor voluntarily pays a sum of money ot delivers fungible thing and obligee has spent and consumed it in good faith.
Article 1330, characteristic of consent; Intelligent, Free and Voluntary, and Consious and Spontaneous.
Article 1331, Mistake, false notion of a thing or a fact material to the contrary.
Mistake of fact, arise from ignorance or lack of knowledge.
Mistake of Law, is a substantial mistake of fact.
Article 1332, the burden to prove that the contract is well explained to the person, who is unable to reaf or cannot understanf the language used, is the person enforcing the contract.
Article 1333, if the person is aware about the risk affecting the contract and still accept it, it is presumed that hr is willing to take chances or risk. Therefore, there is no mistake.
Article 1337, Undue Influence, is influence of a kind that so overpowers the mind of a party to prevent him from acting understandingly and voluntarily to fo what he would have done if he had been left to exercise freelh his own judgment anf discretion.
Article 1338, it defined causal fraud, committed by one party before or at a time of the celebration of contract to secure the consent of the other.
Article 1339, Fraud by concealment, failure to disclose facts when there is duty to reveal them.
Article 1340, Usual Exaggerations in Trade, it is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible.
Article 1343, Fraud made in good faith, if the misinterpretation is not intentional but made in good faith, it is considered a mere mistake or error.
Article 1345-1346, Simulation of contract is the act of deliberately deceiving others, by feigning or pretending by agreement, the appearance of a contract which is either non-existent or concealed.
Two kinds of simulation- Absolute Simulation (fictitous contracts) and Relative Simulation.
Article 1347-1348, Object is the second essential elemant of a valid contract.
General rule: All things, or services, or rights may be the object of a contract.
Article 1349, the fact that the quantity is not determinate shall not be a hindrance for a contract to come into existence.
Article 1350, Cause (causa), essential or more proximate purpose which the contracting parties have in view at the time of entering into the contracts.
Article 1351, Motive, purely personal or private reason which a party has in entering into a contract.
Thank you, Attorney!
Kitzley Mariz C. Oh
1BSA-B
Pamantasan ng Cabuyao
* These are the summary for each article that I've learned in this lesson video.
CHAPTER 2
ESSENTIAL REQUISITES OF A CONTRACT
Article 1318 - In this article, I came to know that there must be a Consent, Object, and Consideration, for a contract to transpire. Also, there are classes of elements of a contract. First is the Essential (pertaining to the requisites), where it is subdivided into common and special. Second is the Natural, where a contract is presumed to exist, unless it is expressly stipulated by the contrary, and third is the Accidental, occurring if there was a stipulation for certain reasons such as clarifying, restricting or modifying.
The 2 bases of contract is Law and Will. Law requires the essential, presumes the natural and authorizes the natural, while will pertains to the conformance of the parties whether they would accept/deny or reject and establish those elements
Article 1319 - talks about Consent as a requisite of a contract. It is about the will of the parties and the agreement of it in respect to the contract. Here states the two factors of a consent, Offer and Acceptance. Offer refers to the proposal of a party to another, where it must be specific, clear and certain. Acceptance is the absolute, unqualified willingness of the other party to conform to the offer. Hence, meeting of minds. Counter-offer on the other hand is when the other party does not accept the original offer and attempt to enter a contract with different standards or basis.
Article 1320 - acceptance may be expressed or implied. Expressed, whether it’s in oral or written form, and Implied, when it is inferred from an act or conduct.
Article 1321 - here states that the person or party who made the offer has the right to prescribe the time, place, and the manner of acceptance.
Article 1322 - refers to a contract involving an agent. The one who offers must be knowledgeable about the acceptance on the other party for a contract to be considered since an Agent is only considered as the extension. For him to be also the principal, the agent must be authorized by the offerer to receive the acceptance.
Article 1323 - Aside from the breach, expiration and destruction of the thing due, an offer is considered ineffective if before the acceptance was conveyed, either of the party becomes dead, insane, insolvent or subjected to civil interdiction.
Article 1324 - a provision under this article is the Option Contract where the offeree is given a consideration to spare him a certain period to accept the offer. The period given in here is called th Option Period, while Option Money on the other hand, is the money paid or promised to be paid in consideration for this option. Note that within this span of time before acceptance, the offer may be withdrawn.
Article 1325 - Advertisement for bidders are just an invitation to make the proposals, but not the offer itself; Thus, Article 1326 states that this does not give advertisers the right to accept the highest or lowest bidder.
Article 1327 - Unemancipated minors, deaf-mutes who cannot write, insane/ demented people are not allowed to give consent to a contract. These are defined as the ones who have no capacity in giving consent for the reason that they can easily be victims of fraud. The contrary on the other hand, is already presumed.
Article 1328 - Contracts made during a lucid interval is valid. However, if it was agreed in state of drunkenness or hypnotic spell, the contract is therefore voidable.
Article 1329 - Refers to the modifications declared for the incapacity. Their consent could be vaild if it concerns Necessaries, Life, Health and Accident Insurance etc.
Article 1330 - states the characteristics of the consent. It must be intelligent, Free and Voluntary, and Conscious and Spontaneous. Therefore, if a contract is made through a mistake, violence, threat, undue influence or fraud, then it will be voidable.
Article 1331 - refers to the different mistakes that could happen in a contract. Mistake of Fact arises from ignorance, and Mistake of Law is a substantial mistake of a fact. A simple mistake does not invalidate a contract, while Gross Mistake would give an unavoidable liability to the party on the ground of mistake.
Article 1332 - The one who enforces the contract has the burden to prove that the contract is certain and is well-explained to the person of other party who is unable to read or understand the language.
Article 1333 - Accepting the contract with awareness of the risk is considered NO MISTAKE for it is presumed that he is willing to take the risk or chances.
Article 1334 - states that a mistake of law that does not invalidate a consent, for it arises from an ignorance of some provision of law or erroneous interpretation of its meaning, which is not an excuse in compliance.
Article 1335 - refers to the presence of violence or threat in order to compel the other party to agree with the offer/contract. There are requisites to consider if there is a threat happening which will void the contract.
Article 1336 - in regards with article 1335, this article refers to the involvement of a third person to induce threat or violence to the party which will still annul the obligation despite of not taking part in the contract.
Article 1337 - refers to the undue influence to the other party in order to accept the proposal. There are circumstances to be considered in this aspect; (1) confidential, family, spiritual or any relations between parties, (2) Mental weakness, (3) ignorance, and (4) financial distress
Article 1338 - pertains to the definition of Causal Fraud and its requisites. It is said that Causal Fraud is committed by one party before the perfection of the contract and is the reason why the other party enters into the contract.
Article 1339 - is about the fraud by concealment where false representation or failure of disclosing facts happen despite the duty of revealing or explaining it well.
Article 1340 - refers to the usual exaggerations in trade which is not considered fraudulent for it is normal for the sellers to exaggerate and make sale at highest possible prices. One who relies in this exaggeration does so at his own peril.
Article 1341 - Involvement of expression of opinion is not considered fraud, as long as it made or relied from an expert, and does not turn out to be false.
Article 1342 - is when a fraud is instigated by a third person therefore presumed that both parties are acting in good faith. If the mistake is insubstantial, it won’t annul the contract. Otherwise, it may be annulled principally on the ground of mistake.
Article 1343 - If a fraud is made in good faith hence not intentional, it is considered a mistake and is voidable on ground of mistake.
Article 1344 - states the effects of two different fraud. If due to a causal fraud, the effects would be annulment of contract and payment of damages, while for incidental fraud, there would only be a liability for damages as an effect. However, if both parties employed fraud, the fraud will neutralize the other, therefore the contract will still be valid.
Article 1345 and 1346 - pertains to the occurrence of simulation of a contract where it is deliberately deceiving one by pretending that there is an agreement/contract. There are two types of this, first the Absolute, when the contract is really non-existent, and second, the Relative when the parties enter a contract that is different from the true agreement.
SECTION 2
OBJECT OF CONTRACTS
Article 1347 and 1348 - states that the object is the second essential element of a valid contract. All the rights, things or services may be the object of a contract.
Article 1349 - despite being indeterminate, the quantity of the object of a contract shall not be an obstacle to its existence since it is possible to determine the same without the need of a new contract.
Article 1350 - defines Cause (causa) where it is essential or more proximate purpose which were already viewed by the contracting parties during the enter of contracts.
Article 1351 - defines Motive where it is the private or personal reason of the party in entering the contract.
Article 1352 and 1353 - enumerates the requisites of cause; (1) must exist at the time the contract is entered, (2) lawful (3) true or real
Article 1354 and 1355 - here states that every contract is presumed to have a cause. Leading to the discussion of what will happen in case of absence, failure or illegality, falsity and lesion of cause.
(a) Absence or want of cause - confers no right and produces no legal effect
(b) Failure of cause - does not render the contract void
(c) Illegality of cause - contract is void
(d) Falsity of cause - contract is void unless there is presented another true and lawful cause.
(e) Lesion - does not invalidate contract unless (1) there is fraud, mistake, and undue influence involved, or (2) in cases specified by law.
Lagera, Rinalyn A.
PNC 1bsa A
Good day atty.
Here are my learnings from your video.
Article 1318 requisites of contract there are three requisites of contract first consent it is the conformity or concurrence of the wheels and with respect to the contracts next the object and last the consideration.
There are elements of a contract number one is essential it is no contract can validly exist regardless of the party's intentions s natural it is presumed to exist in certain contracts
section 1:
Offer it is the proposal made by one party to another while acceptance is the manifestation by the offeree of his assent to all terms of the offer.
Article 1319 counter offer rejection of the original offer and an attempt by the parties to enter into a contract on a different basis
Article 1320 there are forms of acceptance first express it is oral or written s is implied it is inferred from act or conduct.
Article 1321 person waking the offer has the right to present the time place and the manner of acceptance.
Article 1322 there are communication of acceptance.
Acceptance must be absolute.
To agent agent is considered as an extension of personality of the principal.
Article 1323 offer becomes ineffective upon death insanity civil interdiction and insolvency of the party.
Article 1324 option contract giving a person for a consideration a certain period within which accepts the offer of the offerer.
General rule the offer maybe withdrawn as a matter of right at any time before acceptance.
Article 1325 business advertisement generally not defined offers.
Article 1327 states hear the capacity to give consent is presumed.
There are certain persons who cannot give consent first unemancipated minors, s insane or demented persons third deaf mutes who do not know how to write.
Article 1328 lucid interval this is the temporary period of sanity.
Drunkenness hypnotic spell can impair the capacity of a person to give intelligent consent.
Article 1330 there are characteristics of consent one intelligent - there's capacity to act.
S free and voluntary no violence and intimidation and last conscious and spontaneous there is no mistake undue influence or frauds
Article 1331 hear it states that mistake is a false notion of thing or a fact material to the contrary.
Article 1333 if the person is aware about there is affecting the contract and still accept it it is presumed that he is willing to take chances oras meaning there is no mistake.
An article 1335 violence requires the employment of physical force.
Article 1337 and you influence is influence of a kind that so overpowers the mind of the party.
Article 1338 causal fraud committed by one party before or at that time of the celebration of contract to secure the consent of the other.
Article 1339 fraud by concealment it is a failure to disclose facts when there is duty to reveal them.
Article 1340 usual exaggeration in trade.
It is not fraudulent since seller is normally expected to be exaggerated to make sale at a highest price possible.
Article 1341 general rule a mere expression of an opinion does not signify fraud.
Article 1342 talks about fraud by 8 third person.
Article 1343 it talks about fraud made in good faith meaning if the misinterpretation is not intentional but made in good faith it is considered a near me steak or error.
Article 1344 if we say fraud kaushal frog it will annul the contract + damage file in incidental fraud the effect is there is liability for damage.
An article 1345 to 1346 there is simulation of a contract is the act of deliberately others by feigning for pretending by agreement.
Here there are two kinds of simulation first the absolute simulation it is when the contracts does not really exist and the parties do not intend to be bound at all s is the relative citation when the contract entered into by the parties is different from their true agreement.
Section 2
the object article 1347 to 1348 it states here . Object is the second essential element of a valid contract.
That's all thank you po 😊