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Dokumen - Tips Ece-Laws
Dokumen - Tips Ece-Laws
6. May the validity or compliance of a contract be left to the will of one of the
contracting parties? Why?
Article 1308. The contract must bind both contracting parties; its validity or
compliance cannot be left to the will of one of them. (1256a)
New Civil Code of the Philippines (1991)
16. M offered to trade his sawmill for some tractors of L Company. Upon receipt of the
offer, the manager of the L Company replied that the company was “willing to the
proposition” and he advised M to see the property officer of the Company for a
possible arrangement. Is there a perfect contract of barter as to entitle M to demand
specific performance? Reasons.
A contract of Barter is one which is considered as “consensual” or one which is
perfected by mere consent of the contracting parties. Moreover, Article 1319 of the
New Civil Code provides that “Consent is manifested by the meeting of the offer and
the acceptance upon the thing and the cause which are to constitute a contract. The
offer and the acceptance must be absolute. A qualified acceptance constitutes
counter-offer”
It is notable that what has been manifested by the L Company was “mere
willingness” to accept the proposal or offer made by M, and not the actual
acceptance of the same, hence, the contract between them is not yet deemed
perfected.
New Civil Code of the Philippines (1991)
18. Arturo offered to sell to Benito a parcel of land, the offer to remain open until
March 5, 1966; Arturo notified Benito that he withdrew his offer. Nevertheless, on
March 2, 1966, Benito tendered the purchase money, which Arturo refused to
accept. Can Benito compel Arturo to sell the land? Why?
Under Article 1324 of the new Civil Code “When the offeree 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the offeree a certain period to accept, the offer may be withdrawn at any time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 consideration, as something paid or promised”. Therefore, since
there is no consideration involved, Arturo has the right conferred by the
aforementioned statutory provision to withdraw the offer made by him. Moreover,
after Benito has been notified of such withdrawal, the offer was deemed
cancelled, hence the former can no longer compel Arturo to sell the land.
New Civil Code of the Philippines (1991)
20. X, in Legaspi, wrote Y, in Manila, offering certain goods for sale at a certain price.
Y wrote a letter to X accepting the offer and sent it through the mail. Before X
received the letter, he received a telegram from Y stating that he withdrew the
acceptance. Was a valid contract made? Reasons.
No, Article 1319 (par. 2) of the New Civil Code states that “Acceptance
made by letter or telegram does not bind the offerer except from the time it came
to his knowledge”. Therefore, the acceptance made by Y through a letter (not
received by X) imposed no obligations whatsoever, what will prevail was the
withdrawal of the same through telegram since it came to the knowledge of X.
New Civil Code of the Philippines (1991)
ADAMSON UNIVERSITY
900 San Marcelino St., Ermita Manila
College of Engineering
Electronics Engineering Department
1st SEMESTER (S.Y. 2012-2013)