Laspinascharles CONSENT

Charles L.
Laspiñas
I. Definitions
1. Consent
- It is the conformity or when there is an concurrence of wills and with respect to contracts, it
is the agreement of the will of one contracting party with that of another or other, upoin
object and terms of the contact.
2. Acceptance
- It is the manifestation by the offeree of his assent to all the terms of the offer.
3. Natural Elements
- Elements that are presumed to exist in certain contracts unless the contrary is xpressibely
stipulated by the parties.
4. Option Contract
- It is when a person for a consideration is given a period within which to accept the offer of
the offender.
5. Mistake of Law
- Arises from the ignorance of some provision of law, or when a low is given an erroneous
interpretation if its meaning.
II. Discussions
1. When is a contract voidable or annullable?

A contract is voidable or annullable when its stipulations are unlawful. Moreover, a contract
would also be voidable is when there is serious fraud committed. A contract may also be voidable
if one of the parties is incapable of giving consent to a contract.
2. Is it always required that he who alleges fraud or mistake in entering into a contract, must prove
his allegation?
If one would allege fraud, he carries the burden of proof, since it is a must to prove that the
allegation is true.
3. Give the requisite in order that intimidation may vitiate or annul consent of a party to a contract.
For intimidation to vitiate the consent of a party to a contract, these requisites must be present:
a. Produces a reasonable and well-grounded fear of an evil;
b. Evil must be imminent and grave;
c. Evil must be upon his person or property, or that of his spouse, descendants, or ascendants;
et
d. It is the reason why he enters into the contract.
Intimidation does not need any sort of physical source.
4. May fraud be commuted by a party to a contract though there is no misrepresentation on his part?
Explain.
Not necessarily. In Article 1343, it says that “Misrepresentation made in good faith is not
fraudulent but may constitute error. There are times when people would make unintentional
misrepresentations but is still done in good faith, and is to be believed as mere mistake or error.
5. Will the acceptance of a business advertisement of a thing for sale produce the perfection of a
contract? Explain.
Not all business advertisements are definite offers; this is due to the fact that
advertisements are merely invitations to the reader to make an offer. This is explained in
Article 1325. However, an advertisement, if it completes all particulars, may amount to a
definite offer.
II. Problems
1. In a contract containing an option period, when is the offerer not allwed to withdraw his offer
even before accecptance by the offerree? When is the offerer allowed to withdraw his offer even
after acceptance?
- Except in cases where the option is predicated on a consideration, such as something paid for
or a promise to do something, the offer may be withdrawn at any time prior to acceptance by
communicating the withdrawal.
2. S sold his house to B believing that B was C. Can S legally withdraw from the contract on the
ground of mistake?
- S can legally withdraw from the contract on the grounds of mistakes. Article 1331 says that
mistakes as to the identity or qualification of one of the parties will vitiate consent when an
identity or qualification have been the principal cause of the contract.
3. S agreed to deliver to B 500 cavans of rice at P600 per cavan. S delivered only 490 cavans
deliberately misrepresenting that the delivery consisted of 500 cavans, Can B ask the court to
annul the contract on the ground of fraud?
- The fraud here is not very serious or important enough to make the contract voidable. It could
be possible that S unintentionally sent 490 cavans. However, B has the right to deduct from
the contract the price the amount representing the value of 10 canvans.
4. S sold to B a commercial lot for P 1,000,000. S assured B that it is certain that in two years time
the land would increase in market value by 50%, B relied on the representation of S and bought
the lot. It turned out that the market value even decreased to P 800,000.00. Is S liable to B for the
misrepresentation?
- The case here is under Article 1340. Exaggerations usually happen in trade. This happens
when people trying to sell their products do their best to have them purchased fast. S is not
liable to B misrepresentation since B could have investigated and know the true facts.
5. Suppose in the same problem, What S sold to B, a hardware owner, was 500 bags of cement. S
had every reason to believe that the price of the cement will go down but did not tell B of such
fact. Has B the right to have the contract annulled?
- The sale is a valid one and B does not have the right to annul the contract. This is due to the
fact that S was not bound by contract to make disclosure of his reasons for his belief.

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Charles L.

1. When is a contract voidable or annullable?

Intimidation does not need any sort of physical source.

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