CONTRACTS Essential Requisites of Consent
Defines as to meeting of the minds between two persons
whereby one binds himself, with respect to the other, to
give something or to render some service.
Characteristics of a Contract
1. Autonomy (freedom to stipulate)
2. Obligatory force of Contracts
3. Consensuality of Contracts
4. Mutuality of Contracts
5. Relativity of Contracts
Types of Contracts
1. Consensual: Contracts that take effect by mere
consent of the parties.
2. Real: A contract that is perfected by the delivery
of the object.
a. Example: Contract of loan.
3. Formal: A contract that is perfected by the
compliance of the formalities required by law.
a. Example: Donation of property.
Three Essential Elements of a Contract
1. Consent
2. Object - It may either a thing or services.
3. Cause of the Obligation - The essential and
impelling reason why a party assumes an
obligation.
These three are the essential elements of consensual
contracts.
Consequences of a Contract
• Basically, a contract creates and establishes
rights and obligations on the parts of the parties.
• For parties involve: every right of one has a
corresponding obligation on the part of the
other. If one of the parties has refused or failed
to comply with his obligation/ s under contract,
the aggrieved party may resort to judicial
process to enforce his right.
Consent of a Contract
• It is the acceptance of the offer as to object and
the cause that are to constitute.
• It must be remembered that:
o The offer must be certain.
o The acceptance must be absolute and
unqualified.
o An acceptance that is qualified
constitutes merely a counteroffer.
o A counteroffer extinguishes the offer
and may or may not be accepted by the
original offeror.
o An acceptance may be express or
implied.
o Without consent, there is no contract.
1. Two or more parties.
2. Capacity of parties to give consent.
3. Absence of vices of consent.
4. Absence of conflict between declaration and
intention.
5. Proper declaration of intent.
Persons Incapacitated to Give Consent
1. Minor.
2. Insane or demented persons (unless acting
during a lucid interval).
3. Deaf-mute who does not know how to write and
read.
4. Those in a state of drunkenness.
5. Those under hypnotic spell.
Vices of Consent
1. Are those circumstances which vitiate or render
defective the consent given by a party to
contract.
2. Kinds of vices
a. Mistake or Error - False belief about any
of the following:
i. The object of contract
ii. The condition that principally
moved or induces one of the
parties
iii. The identity or qualification of
one of the parties if such was the
principal cause of the contract.
b. Fraud or deceit
c. Violence
d. Intimidation
e. Undue influence
Example of a Contract
Mr. P offers Miss N (a nurse) a job as a private nurse for
a period of 15 days beginning March 1, 2009, for a fee of
15,000.00 pesos payable on March 16,2009. Miss N
accepted the offer.
• Object: For Miss N, it is the rendition of her
services as private nurse to Mr. P for a period of
15 days beginning March 1, 2009; for Mr. P, it is
the payment to Miss N of the fee of 15,000.00
pesos on March 16, 2009.
• Cause: For Miss N, it is the payment by Mr. P to
her of the fee of P15,000.00 on March 16,2009;
for Mr. P, it is the rendition by Miss N of her
services as private nurse to him.
• Consent: It is manifested by the offer of Mr. P
and the acceptance of the said offer by Miss N.