ENUMERATION

Circumstances to be considered. (Undue Influence)

1) Confidential, family, spiritual, and other relation between the parties,
2) Mental weakness;
3) Ignorance, or
4) Financial distress of the person alleged to have been unduly influenced.
Requisites of causal fraud.
1) There must be misrepresentation or concealment.
2) It must be serious.
3) It must have been employed by only one of the contracting parties. Fraud committed by a
third person does not vitiate consent unless it was practiced in connivance with, or at least
with the knowledge of, the favoured contracting party.
4) It must be made in bad faith or with intent to deceive the other contracting party who had
no knowledge of the fraud.
5) It must have induced the consent of the other contracting party.
6) It must be alleged and proved by clear and convincing evidence.

Requisites of a mere expression of opinion:

1) It must be made by an expert;
2) The other contracting party has relied on the expert’s opinion; and
3) The opinion turned out to be false or erroneous.

Requisites of things as object of contract:

1) The thing must be within the commerce of men, that is, it can legally be the subject of
commercial transaction;
2) It must not be impossible, legally or physically;
3) It must be in existence or capable of coming into existence; and
4) It must be determinate or determinable without the need of a new contract between the
parties.

Requisites of services as object of contract:

1) The service must be within the commerce of men;
2) It must not be impossible, physically or legally; and
3) It must be determinable or capable of being made determinate.

Validity of contracts upon future inheritance:

The law permits contracts on future inheritance –
1) In the case of donation by reason of marriage between future spouses with respect to their
future property to take effect, only in the event of death, to the extent laid down by law in
testamentary succession; and
2) In the case of partition of property by act inter vivos by a person (i.e., owner or source of
the property) to take effect upon his death.