Republic of the Philippines

University of Southern Mindanao

College of Engineering and Computing
DEPARTMENT OF CIVIL ENGINEERING
Kabacan, North Cotabato, Philippines

CENG 516

CIVIL ENGINEERING LAWS, CONTRACTS

Assignment 2

CONTRACTS
(Manual of Professional Practice for Civil Engineers)

ARNOLD G. APOSTOL JR.

BSCE/5TH Year/B

ENGR. RONALD M. GARBIN

Instructor
Faculty of Civil Engineering

September 17 , 2018
Contracts

A contract is a promise or set of promises that are legally enforceable and, if

violated, allow the injured party access to legal remedies. Contract law
recognizes and governs the rights and duties arising from agreements. It is the
agreement of two or more persons (or parties) for the purpose of creating,
modifying, extinguishing a juridical relation between them.

 Art. 1308. The contract must bind both contracting parties; its validity or
compliance cannot be left to the will of one of them.

It stresses the mutuality of contracts that is both parties are bound. A

party cannot revoke or renounce a contract without the consent of
the other, nor can it have it set aside on the ground that he had made
a bad bargain. Decisions binds the parties only after it is made known
to both parties.

ESSENTIAL REQUISITES OF CONTRACTS

 Art. 1318. There is no contract unless the following requisites concur:

(1)Consent of the contracting parties;

(2) Object certain which is the subject matter of the contract;
(3) Cause of the obligation which is established.

Acceptance made by a 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.
There is intimidation when one of the contracting parties is compelled by a
reasonable and well-grounded fear of an imminent and grave evil upon his
person or property, or upon the person or property of his spouse,
descendants or ascendants, to give his consent.
To determine the degree of intimidation, the age, sex and condition of the
person shall be borne in mind.
A threat to enforce one's claim through competent authority, if the claim is
just or legal, does not vitiate consent.

FOUR KINDS OF DEFECTIVE CONTRACT

 The rescissible contract is valid until rescinded; there is a sort of extrinsic

defect consisting of an economic damage or lesion
 The voidable contract is valid till annulled. It can be annulled. It
cannot be annulled however of there has been ratification. The defect
is more or less intrinsic, as in the case of vitiated consent.
 The unenforceable contract cannot be sued upon or enforced, unless
it is ratified. In a way, it may be considered as a validable transaction,
that is, it has no effect now, but it may be effective upon ratification.
(Note: on the other hand, a voidable contract has effect now, but it
may be invalidated, hence it is deemed valid until annulled.)
 The void contract is one that has no effect at all; it cannot be ratified or
validated.

Rescission is a remedy granted by law to the contracting parties both to

contracting parties and to the third persons in order to secure reparation of
damages caused by them by a contract.