Professional Documents
Culture Documents
Was there consent by the parties to buy and sell the BMW with
plate number ABC1234?
No, there was no consent from Alex and Bernard, because there
was no meeting of the offer and the acceptance of the cause
What is an offer?
An Offer is a proposal made by one (1) party (offerer) to
another (offeree), indicating willingness to enter into a contract
CONTRACT
Alex offered to sell his car with plate no. ABC 123 to Bernard for PhP
200,000.
Alex received and read the letter of Bernard on June 15, 2021.
Is the person making the offer (offerer) allowed determine the time,
place, and manner of acceptance?
Yes Art. 1321
CONTRACT
Article 1321 provides:
The person making the offer may fix the time, place, and manner of
acceptance, all of which must be complied with.
Alex is the agent of Pedro. Pedro authorized Alex to sell Pedro’s car with
plate no. ABC 1234 for PhP 500,000. Alex offered to Bernard, Pedro’s car
with plate no. ABC 1234, for PhP 500,000.
Bernard accepted the offer and agreed to buy Pedro’s car. Bernard informed
Alex of his acceptance on June 1, 2021.
On June 15, 2021, Alex informed Pedro that Bernard accepted the offer.
Alex offered to sell his car with plate no. ABC 1234 to Bernard for
PhP 500,000. Before Bernard could accept the offer, Alex became
insolvent.
What are the incidents or instances that makes the offer ineffective,
before an offer is accepted?
When (1) of the parties
• dies,
• suffers civil interdiction,
• becomes insane, or
• becomes insolvent
CONTRACT
On June 1, 2021, Alex offered to sell his car with plate no. ABC
1234 to Bernard for PhP 500,000. Alex gave Bernard until June
30, 2021, to accept the offer.
On June 15, 2021 Alex told Bernard that, Alex is withdrawing the
offer, and is no longer selling his car to Bernard.
On June 1, 2021, Alex offered to sell his car with plate no. ABC
1234 to Bernard for PhP 500,000. Alex gave Bernard until June 30,
2021, to accept the offer provided Bernard pays PhP 500 to Alex in
consideration for the period to decide. Bernard paid Alex PhP 500.
On June 15, 2021, Alex told Bernard that Alex is withdrawing the
offer and is no longer selling his car to Bernard.
Article 1324 provides: When the offeror has allowed the offeree a
certain period to accept, the offer may be withdrawn at any time
before acceptance by communicating such withdrawal, except
when the option is founded upon a consideration, as something
paid or promised. (n)
CONTRACT
What is an option money?
Money paid or promised to be paid in consideration for the option.
Option money is not part of the price
Alex is a 20 year old mute who could not write. Alex saw the car of
Bernard, and offered to buy Bernard’s car with plate number
ABC1234 for PhP 500,000. Bernard agreed to sell the car to Alex.
Alex suffers from periodic insanity, and during a time when he was
lucid Alex agreed to buy the car of Bernard for PhP 500,000. Before
Bernard could deliver the car Alex, Alex lost his sanity.
Alex got drunk, and during the time when he was drunk, Alex agreed
to buy the car of Bernard for PhP 500,000.
Aside from incapacity, what are the other causes that makes a
contract voidable?
The following are the other causes of voidable contracts:
• Mistake
• Violence
• Intimidation
• Undue influence
• Fraud
CONTRACT
In the instant case, the mistake does not vitiate consent and error
would only be corrected. Because, the parties have agreed as to
the area and the price per unit of area.
What is the duty of the person enforcing a contract, when the other
party alleges that he is unable to read or he did not understood the
language of the contract he entered into?
The person enforcing the contract must show that the terms
thereof have been fully explained to the former. (Art. 1332)
CONTRACT
Article 1332 provides: When one of the parties is unable to read, or
if the contract is in a language not understood by him, and mistake
or fraud is alleged, the person enforcing the contract must show that
the terms thereof have been fully explained to the former.
Alex bought a car from Bernard, who informed Alex that the engine
of the car makes a sound that suggest that the engine has a
damage. The engine of the car stopped working.
So when the real purpose of the parties is not what the contract
provides, then the consent of the parties are vitiated
Alex offered to sell his car with plate number ABC1234 to Bernard
for PhP 300,000. Alex informed Bernard that the car is like brand
new. Bernard inspected the car, and saw that there are scratches
and dents. Bernard agreed to buy the car for PhP 300,000.
Anna inherited a ring from his mother. Anna a jeweller and an expert,
told Belinda that the ring is 24k gold. Anna sold the ring to Belinda. It
turns out that ring is 18k gold.
Anna inherited a ring from his mother. Belinda wanted to buy the
ring from Anna. Anna does not know anything about the ring.
Belinda borrowed the ring to have it appraised by an
expert/jeweller. Carla, an expert/jeweller told Belinda that the ring
is 24k gold. Belinda did not tell Anna the opinion of Carla. Anna
sold the ring to Belinda. It turns out that ring is 18k gold.