Carmel E.

Apurado
BSA1_6

VICES OF CONSENT

1. MISTAKE
- Mistake or error is the false notion of a thing or a fact material to the contract.
- Mistakes that refer to the substance of the object, identity/ qualification of a
person, or condition that have principally moved one or both parties to enter into
the contract.
- There is some mistake that can vitiate consent and some are not.

Example 1

Y and Z entered into a contract of sale for a piece of land worth P1, 000,000. The clerk who made the
deed of sale mistakenly typed P100, 000.

There is a mistake as to the written price in the instrument. This mistake cannot vitiate consent
because Y and Z both know it is P1, 000,000,000 not P100, 000. It was just mistakenly written in the
deed of sale which is caused by the mistake of the clerk.

This mistake has no effect in the contract between Y and Z. So, this contract cannot be voidable,
it is perfectly valid. But, there is still a problem in their contract which is the deed of sale. The clerk
mistakenly typed the wrong price of the piece of land. So, the remedy of this problem is reformation. To
reform the deed of sale.

Example 2

C believing that J is his long lost brother, agreed to donate him a house and lot.

C has mistaken regarding to the identity of a person involving a contract. The contract of
donation between C and J will be a voidable contract because it vitiate the consent of C cause of
mistake.

2. Violence
- When in order to wrest consent, serious or irresistible force is employed.
- It involves physical contact.

Example

Maria asked Ana to buy her phone for P5, 000. Ana refused. Maria then slaps Ana in the face until she
agreed to buy it.
 3. INTIMIDATION
- When one of the contracting parties is compelled by a reasonable and well-
grounded fear of an imminent and grave evil upon his person or property, or upon
the person or property of his spouse, descendants or ascendants, to give his
consent.
- There is no physical contact unlike the violence.

Example

Jessa asks Kim to lease Kim’s land or else she will set Kim’s house in fire.

Jessa threaten Kim to burn her house. So, Kim got scared because Jessa look like a criminal and
she searched Jessa’s background and found out that Jessa has record in arson. So, Kim forcedly said yes
to Jessa.

4. UNDUE INFLUENCE
- When a person takes improper advantage of his power over the will of another,
depriving the latter of a reasonable freedom of choice.

Example

Your professor asks to marry you. You are of age but the biggest factor for you saying YES is because
he is your professor and if you say NO, you are afraid he might be disappointed and fail in you in class.

The professor taking advantage of you because if you will not marry him he will fail you in
the class. It vitiate consent because of undue influence.

5. FRAUD
- Through insidious words or machinations of one of the contracting parties, the
other is induced to enter into a contract which, without them, he would not have
agreed to.
- There is two kinds of fraud:
Dolo Incidente and Dolo Cusante

Example 1

X applied for a job with a requirement of 3-5 years’ experience in a specific job. Though having only 3
years of experience, X made it appear he has 5 years in experience.

Let’s say that the requirement is a must or very important to have 3-5 years’ experience to apply
for a specific job. X has 3 years’ experience but he did something wrong on his resume, he put that he
has 5 years’ experience instead of 3 years. Even though, X has only 3 years of experience he will still get
hired because he meets the requirement.
 This kind of fraud is Dolo Incidente because the timing is before the contract had been made
and this can’t vitiate consent in hiring X.

Example 2

Z applies for a job with a requirement 3-5 years’ experience on a specific job. Though having no
experience, Z made it appear he has 5 years.

In this case, Z made a fraud because he has no experience but he put in his resume that he has 5
years of experience. Unlike in the example 1 even X put 5 years in resume he will still get hired because
he has 3 years’ experience and it is meet the requirement.

This case will considered a Dolo Causante which will vitiate consent. Eventually, it will result in a
voidable employment contract.