Section: BSA 1-COC Schedule: 8 AM-11 AM Date: APRIL 12, 2022
Activity 1: What I Know Chart, part 1
Try answering the questions below by writing your ideas under the first column What I Know. What I Know Questions: The object of the contract is its subject matter. It is the thing, right or service 1.Define object. which is the subject matter of the obligation arising from the contract. Consent means that there has been an offer and an acceptance of the cause and object of the contract. The 2. Define consent. acceptance must be conveyed to the party making the offer. For a thing to be the object of the contract it must be: - within the commerce of men; -not legally or physically impossible; 3. What are the requisites to be -in existence or capable of coming into considered as a valid object of a existence; and contract? -determinate or determinable, without the need of a new contract between the parties. The following are requisites of a valid cause: - It must exist at the time the contract 4. What’s are the requisites of a is entered into. valid cause? - It must be lawful - it must be true or real.
Activity 3: Skill-building Activities
Exercise I 1. Explain the effect of the cause of a contract is found to be false. Answer: The contract states a valid consideration but such statement is not true is meant by falsity of cause. The false statement cause the contracts tend to be void or null. Next is it does not always produce this effect because it may happen that the hidden but true cause is sufficient to support the contract. If the parties can show that there is another cause and that said cause is true and lawful, then the parties shall be bound by their true agreement. 2. S sold his car to B who intends to use the car for kidnapping activities. Is the contract of sale illegal? Explain. Answer: Based on what I understand under Article 1351, the particular motives of the parties in entering into a contract is NOT essential elements of a contract which the illegality of the buyer’s motive does not render the contract to be void. But there are 2 cases that we may be considered. First is if seller has the knowledge about what will the buyer do about the car and that makes the contract of sale void while the second case is when the seller doesn’t have the knowledge what will buyer’s do about the boat and that makes the contract of sale still validated. 3. S sold his car to B worth P1,000,000 for only P790,000. Is the safe valid? Explain. Answer: In this situation, the contract of sale is valid although the price of S car is inadequate. The fact that the contracting parties has the consent about what is the price of the car, the transaction is not sufficient ground for the cancellation of a contract. However, if it is show that B induced S to sell his car through the fraud, mistake or undue influence, S has the right to have the sale annulled.
Activity 5: Check for Understanding
Exercise I. TRUE or FALSE TRUE 1. Lesion or inadequacy of cause does not of itself invalidate a contract. TRUE 2. Although the cause is not stated in the contract, it is presumed that it exists and is lawful. FALSE 3. Contracts without cause are valid. FALSE 4. The cause which are contrary to law, morals, customs, public order and public policy are valid until annulled. FALSE 5. The particular motives of the parties in entering into a contract are the same with the cause thereof. FALSE 6. Cause is not an essential element of a contract. TRUE 7. In onerous contracts, the cause is understood to be the prestation or promise of a thing or service by the other. FALSE 8. Future inheritance can be a valid object of a contract. TRUE 9. The object of every contract must be determinate as to its kinds. TRUE 10. The fact that the quantity is not determinate shall not be an obstacle to the existence of teh contract.