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    Essential Requisites of Contract

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    Anonymous bwjDftbj3
    The document discusses the essential requisites of a valid contract according to Article 1318 of the Civil Code. It outlines the four requisites as: 1) consent of the contracting parties through a meeting of the minds, 2) a certain object that is the subject of the contract, 3) a cause or reason for establishing the contractual obligation, and 4) if these requisites are not present, the contract may not be valid. It then examines Articles 1319 and 1320 in further detail regarding consent, acceptance of offers, and different forms of acceptance including express, implied, and presumed acceptance.

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    Essential Requisites of Contract

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    Anonymous bwjDftbj3
    246 views17 pages
    The document discusses the essential requisites of a valid contract according to Article 1318 of the Civil Code. It outlines the four requisites as: 1) consent of the contracting parties through a meeting of the minds, 2) a certain object that is the subject of the contract, 3) a cause or reason for establishing the contractual obligation, and 4) if these requisites are not present, the contract may not be valid. It then examines Articles 1319 and 1320 in further detail regarding consent, acceptance of offers, and different forms of acceptance including express, implied, and presumed acceptance.

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    The document discusses the essential requisites of a valid contract according to Article 1318 of the Civil Code. It outlines the four requisites as: 1) consent of the contracting parties through a meeting of the minds, 2) a certain object that is the subject of the contract, 3) a cause or reason for establishing the contractual obligation, and 4) if these requisites are not present, the contract may not be valid. It then examines Articles 1319 and 1320 in further detail regarding consent, acceptance of offers, and different forms of acceptance including express, implied, and presumed acceptance.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    246 views17 pages

    Essential Requisites of Contract

    Uploaded by

    Anonymous bwjDftbj3
    The document discusses the essential requisites of a valid contract according to Article 1318 of the Civil Code. It outlines the four requisites as: 1) consent of the contracting parties through a meeting of the minds, 2) a certain object that is the subject of the contract, 3) a cause or reason for establishing the contractual obligation, and 4) if these requisites are not present, the contract may not be valid. It then examines Articles 1319 and 1320 in further detail regarding consent, acceptance of offers, and different forms of acceptance including express, implied, and presumed acceptance.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 17

    Essential Requisites

    of Contract :
    Object
    MARBELLA, ANDREA
    MUNJI, STEPHEN
    Article 1318
    1)Consent of the
    contracting parties –
    meeting the minds of the
    two parties;
    Object certain which is the
    subject matter of the
    contract – must be definite
    and certain (ex. Land, or
    house etc);
    Cause of the obligation
    which is established –
    compelling reason in the
    performance of the
    contract or why a party
    assumes an obligation.
    Ifthe requisites stated are
    not within the contract then
    the contract may not be
    valid as clearly stated on
    Article 1318.
    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
     Consent in contracts 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.
    Character of the Offer-
    1) certain
     2)definite
     3)concrete

    Acceptance
    1)Absolute and Not conditional
    The acceptance made the party
    to an offer was made, binds the
    offeror only from the time the
    offeror came to know of the
    acceptance. The law presumes
    that the contract was perfected
    at the pace where the offer was
    made , the place of origin of the
    conception of the contract.
    Article 1320
     Anacceptance may be express or
    implied.
     Forms of acceptance

     1)Express (Article 1320)

     2)Implied(Article 1320) from conduct,


    or acceptance of unsolicited
    services.
    Presumed ( by law) as when there
    is failure to repudiate hereditary
    rights within the period fixed by
    law ( See Art. 1057, Civil Code); or
    when there is SILENCE in certain
    specific cases as would tend to
    mislead the other party, and thus
    place the silent person in
    estoppel.
    Examples of Implied Acceptance

    An offer by the Army to reward


    persons giving information that
    would lead to the apprehension
    of certain thugs may be
    considered implicitly accepted
    when the act referred to it is
    performed by members of the
    public.
     In the same way, participation in a
    contest, with full compliance of its rules, is
    implied acceptance of the offer. Thus, on
    one occasion, the Supreme Court has said
    that “due to the fact that the bank
    started, and advertised the contest
    offering prizes, under certain conditions
    and the plaintiff prepared, by labor and
    expense, and took part in said contest,
    the bank is bound to comply with its
    promise made in the rules and conditions
    prepared and advertised by it.”

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