Essential requisites of contracts

I. Consent
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 a counter-offer
Acceptance made by letter or telegram does not bind the offeror except from the time it came to his
knowledge. The contract, in such a case, is presumed to have been entered in the place where the offer was
made.

Meaning of consent
 Consent is the conformity or concurrence of wills (Offer and Acceptance) and with respect to contracts,
it is the agreement of the will of one contracting party with that of another or objects and terms of the
contracts.
 It is the meeting of minds or mutual assent between the parties on the subject matter and cause which are
to constitute the contract even if neither has been delivered. Mutual assent or arrangement takes place
when there is an offer and acceptance of the offer.
Elements or Characteristics of Consent
In order that consent may be valid for purposes of contract, it is required, not only by exists, but that it
must be given with exact understanding over the thing consented to. In other words, 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:
1. It is intelligent – there is capacity to act
2. It is free and voluntary- there is no vitiation of consent by reason of violence or intimidation.
3. It is conscious or spontaneous- there is no vitiation of consent by reason of mistake, undue influence,
or fraud.
Concept of offer
Offer is a proposal made by one party to another, indicating a willingness to enter into a contract. It is
really a promise to act or to refrain from acting on condition that the terms thereof are accepted by the person to
whom it is made.
Offer must be certain or definite so that the liability or the rights of the parties may be exactly fixed because it
is necessary that the acceptance be identical with the offer to create a contracts without any further act on the
part of the offeror.
Concept of Acceptance/ Acceptance of offer
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.
 Acceptance of offer must be clear and absolute
 The acceptance of an offer must not only be clear, it must be absolute, unconditional, or
unqualified, it must be identical in all respects with that of the offer so as to produced consent or
meeting of minds
ART. 1320.An acceptance me be express or implied
Form of acceptance of offer
- An express acceptance in the form of a promise to pay a certain amount or to do something, may be oral
or written. An implied Acceptance is one that is inferred from act or conduct.
ART. 1321. The person making the offer may fix the time, place and the manner of acceptance, all of which
must be complies with.
Effects of Contracts Entered By incapacitated Persons.
The contracts entered into by the incapacitated persons enumerated in the law are not void. They are only
voidable if only one party cannot give his consent. But if both parties are incapacitated to give consent, the
resulting contract is unenforceable (Art. 1407).
Persons incapable of giving consent
A contract entered into where one of the parties is incapable of giving consent to a contract is voidable. A
voidable contract is valid and binding until it is annulled by a proper action in court. It is susceptible of
ratification.
1. Unemancipated minor- They refer to those persons who have not yet reached the age of majority and are still
subject to parental authority. A minor can be emancipated by attainment of the age of majority, marriage or by
concession recorded in the civil register, of the father or of the mother who exercises parental authority.
2. Insane or demented persons- the insanity must exist at the time of contracting. Unless proved otherwise, a
person is presumed sane.
3. Deaf-Mutes- They are person who are deaf and dumb. However, if the deaf-mute knows how to write, the
contract is valid for then he is capable of giving intelligent consent. A person who does not know how to read,
does not know how to write; and one who knows how to read necessarily knows how to write. A contract
entered into by a deaf-mute who knows how to read is, therefore, valid, although he cannot write because of
some physical reasons.
Reason for disqualification
The reason behind art 1327 is that those person s mentioned can easily be the victims of fraud as they
are not capable of understanding or knowing the nature or import of their actions. They can enter into a contract
only through a parent or guardian.
ART 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness
or during spell are voidable.
Lucid interval- temporary period of sanity