August 12, 2020

1. Explain/Define consent
Consent is manifested by the meeting of the offer and the acceptance upon the
thing and the cause which are to constitute the contract.  (Article 1319)
It 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 others, upon object and terms of the contract. (4 Sanchez
Roman 191; Manresa 648)

It is the meeting minds or mutual assent between the parties on the subject
matter and the cause which are to constitute the contract even if neither has
been delivered. Mutual assent or agreement takes place when there is an offer
and acceptance of offer.

In order that consent may be valid for purposes of contract, it is required, not only
that it 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 contract
unless:

1. It is intelligent
2. It is free and voluntary
3. It is conscious or spontaneous.

2. What vitiate or destroy consent?

Aside from incapacity and simulation of contract, the following are the causes
that vitiate consent or render it defective so as to make the contract voidable:

a. Error or mistake (Article 1331)

b. Violence or force (Article 1335)
c. Intimidation or threat or duress
d. Undue influence (Article 1337)
e. Fraud or deceit (Article 1338)