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Oblicon Prefi Notes
Oblicon Prefi Notes
Chapter 1 to 5
3 ELEMENTS OF CONTRACT
1. ESSENTIAL – w/o them, contract cannot exist
a. CONSENT of contracting parties
b. OBJECT CERTAIN – subject matter
c. CAUSE/CONSIDERATION
In some contracts, ff are also essential:
d. FORM
e. DELIVERY
2. PARTIES OBLIGATED
a. UNILATERAL – only 1 has obligation
b. BILATERAL – both parties require to render reciprocal prestations
3. CAUSE
a. ONEROUS – exchange of considerations
b. GRATUITOUS – no consideration received in exchange of what is given
c. REMUNERATORY – something is given for benefit/service that had been
rendered previously
4. RISK OF FULFILLMENT
a. COMMUTATIVE – equivalent values are given by both parties
b. ALEATORY – fulfillment of contract depends on chance (eg. insurance)
5. IMPORTANCE
a. PRINCIPAL – contract may stand alone (eg. sale, partnership)
b. ACCESSORY – existence depends on another contract (pledge, guarantee)
c. PREPARATORY – contract not an end by itself but a means thru w/c other
contracts may be made (eg. agency)
6. NAME
a. NOMINATE – contract given a particular/special name (eg. partnership)
b. INNOMINATE – not given special name (eg. I give that you may give)
3 STAGES OF CONTRACT
1. PREPARATION/CONCEPTION – preparatory steps to perfect contract
2. PERFECTION/BIRTH – meeting of minds between 2 contracting parties
3. CONSUMMATION/TERMINATION – terms of contract are performed, &
contract is fully executed
2. MUTUALITY OF CONTRACTS
- the contract must bind both parties; its validity/compliance cannot be left to
the will of one of them
3. RELATIVITY OF CONTRACTS
- Contracts take effect only between the parties, their assigns & heirs except
when there are rights & obligations not transmissible:
a. by their nature
b. by stipulation (stipulation por autri)
c. by provision of law
4. CONSENSUALITY OF CONTRACTS
- Contracts are perfected by mere consent
Exceptions:
a. REAL CONTRACTS – perfected by delivery
b. FORMAL/SOLEMN CONTRACTS – special form required for its perfection
5. OBLIGATORINESS OF CONTRACTS
- The contract, once perfected, has the force of law between parties which
bound to comply in good faith
CONSENT
- meeting of offer (certain) & acceptance (absolute) upon a thing
5 REQUISITES OF CONSENT
1. Must be given by 2 or more parties
2. Parties are capacitate to enter in contract
3. No vitiation of consent
4. No conflict between declared & intended
5. Legal formalities must be complied
7 RULES ON OFFER/ACEPTANCE
1. An offer must be certain.
2. Business advertisements for sale are NOT offers but ONLY invitations to
make an offer.
3. Advertisements for bidders are ONLY invitations.
4. An acceptance made by letter/telegram does NOT bind offeror EXCEPT from
the TIME it came to his knowledge.
5. An offer made through an agent is accepted from the TIME the acceptance is
done through an agent.
6. An offer is ineffective upon death, insanity, insolvency, of EITHER party
BEFORE acceptance is made.
7. When offeror allowed offeree a certain period to accept, offer MAY be
withdrawn AT ANYTIME unless there is something PAID/PROMISED.
5 VICES OF CONSENT
- NOTE: When there is a DEFECTIVE CONSENT of EITHER of parties, contract is
voidable; Remedy: annulment of contract.
1. MISTAKE/ERROR
2. FRAUD/DECEIT
3. VIOLENECE
4. INTIMIDATION
5. UNDUE INFLUENCE
1. MISTAKE/ERROR
- wrong conception & lack of knowledge upon a thing
4 RULES ON MISTAKE
1. Mistake to identity/qualifications of either of parties will vitiate consent
ONLY when IT is the principal cause of contract.
2. Simple mistake of account must be corrected.
3. No mistake if parties knew the risk/doubt affecting OBJECT of contract.
4. When one of parties is unable to read or the contract is in language not
understood by him, & mistake/fraud is alleged, the person enforcing the
contract must FULLY explained the terms to him.
2. FRAUD/DOLO
- when through insidious words/machinations of one of the parties, INDUCED
the other to enter into a contract, & w/o them, he will not agree.
7 RULES OF FRAUD
1. Failure to disclose facts when these needs to be revealed, is a fraud.
2. Fraud should be SERIOUS (dolo causante) & SHOULD NOT be done by BOTH
parties to make contract voidable.
3. Incidental fraud (dolo incidente) ONLY obliges person to PAY DAMAGES.
4. Usual exaggerations in trade, when other party know the “real” facts, is NOT
FRAUD.
5. A mere expression of opinion is NOT FRAUD UNLESS made by an expert & the
other party relies on his special knowledge.
6. Misrepresentation made in good faith is NOT FRAUD but may constitute an
error.
3. VIOLENCE
- serious/irresistible force is employed.
2 RULES ON VIOLENCE
1. Serious/irresistible force is employed w/c constitutes the reason why one
entered into a contract.
2. Violence ANNULS obligation although it is DONE by 3rd person not part of
contract.
4. INTIMIDATION
- 1 of the parties is compelled by a reasonable & well-grounded fear of an
imminent & grave evil upon his person/property to give his consent.
3 RULES ON INTIMIDATION
1. Age, sex, & condition of person must used to determine the degree of
intimidation.
2. Intimidation ANNULS obligation although it is DONE by 3rd person not part of
contract.
3. A threat to enforce one’s claim (claim must be just & legal), DOES NOT
vitiate consent.
VIOLENCE INTIMIDATION
- External - Internal
- Physical contact/coercion - NO physical coercion;
- ONLY MENTAL/MORAL coercion
5. UNDUE INFLUENCE
- a person takes improper advantage of his power over other’s will, depriving
the other to his reasonable freedom of choice.
SIMULATION OF CONTRACT
- process of INTENTIONALLY deceiving others by producing a contract not really
exist (absolute simulation), or w/c is different from true agreement (relative
simulation).
4 REQUISITES OF CAUSE
1. It is just & equitable.
2. It exists.
3. It is lawful.
4. It is true.
LESION
- inadequacy of cause (eg. insufficient price for thing sold)
RULES ON LESION
- Lesion DOES NOT invalidate contract, except there is:
a. Fraud
b. Mistake
c. Undue influence
2 FORM OF CONTRACTS
1. Contracts in writing
2. Contracts in a public instrument
REFORMATION OF INSTRUMENTS
- REMEDY in equity in w/c a written instrument is made/construed to the REAL
intention of parties when there is an error/mistake.