CONTRACTS

CONTRACT
O An agreement between two or more people
and which establishes an obligation to
perform.
O Meeting of minds between two persons
whereby one binds himself , and to give
something or to render some service. -
Civil code of the Phil.
O Promise or a set of promises which the law
recognizes as a duty
 Stages of a Contract
1. Preparation or Conception – includes all steps
taken by the parties leading to the perfection of the
contract.
2. Perfection or Birth – parties have come to a definite
agreement or meeting of the minds regarding the
subject matter and cause of contract.
3. Consummation or Termination – parties have
performed their respective obligations and their contract
may have been fully accomplished or executed.
 REQUISITES OF A CONTRACT
1. Two or more persons must participate.
2. The parties must give consent to the contract.
3. The object which is the subject matter of the contract
must be specified such as:
a. all things which are not outside the commerce of man;
b. all rights which are not intransmissible
c. future inheritance in cases expressly authorized by
law;
d. all services which are not contrary to law, morals,
good customs, public order, and public policy.
 REQUISITES OF A CONTRACT
4. The cause of obligation is established.
O The time, price, and subject matter are
expressed.
5. Contracting parties must have the legal capacity
to enter into a contract. They must:
a. be of legal age;
b. be of sound mind;
c. not be under the influence of intoxicating
drugs, or fear of bodily harm; and
d. not be suffering from physical disability such
as those who are mentally incompetent.
- Married women have the full capacity to go into a
contract except in some cases when it is specified
that the husband should agree to such contract. E.g,
selling/mortgage of property.
- Under 18 - contracts w parents consent
- When parents give up control over the supervision
of the minor and the latter keeps his own wages, he
may be regarded as “emancipated” or freed
 KINDS OF CONTRACT
1. Formal contract – an agreement among parties
involved and required to be in writing by
some special laws.
2. Informal contract – the result of a written
document or correspondence where the law
does not require the same to be in writing,
or as the result of oral and spoken discussion
between the parties or conduct between the
parties, evidence and intention to contract.
 KINDS OF CONTRACT
3. Express contract – the conditions and terms of
the contract are given orally or in writing by
the parties concerned.
4. Implied contract – result of acts of conduct of the
parties to which the law ascribes an
obj.intention to enter a contract.
5. Void or inexistent contract – is one that is
inexistent from the very beginning & therefore
may not be enforced. No effect at all.
6. Illegal contract – is one that is expressly
prohibited by law.
 INEXISTENT CONTRACTS
The ff. contracts are inexistent from the
beginning:
1. Contrary to law, morals, good customs,
public order or public policy.
2. Did not exist from the time of transaction.
3. Outside the commerce of man.
 INEXISTENT
CONTRACTS
4. Contemplate an impossible service.
5. Intention of the parties relative to the
principal object cannot be ascertained.
6. Prohibited or declared void by law.
7. Simulated or fictitious.
 VOIDABLE CONTRACTS
The ff. contracts are voidable or annullable
1. Those contracts wherein one of the parties
is incapable of giving consent to a contract.
2. Those whose consent is vitiated by mistake,
violence, intimidation, undue influence or
fraud.
 ILLEGAL CONTRACTS
Contracts obtained through use of fraud (deception and
trickery), undue (unlawful) influence or duress
(coercion) in securing such, and those that are
expressly prohibited by law are illegal.
1. Those that are made in protection of the law.
2. Consent obtained by fraud.
3. Those obtained under duress. Duress means actual or
threat of violence or imprisonment in order to obtain
consent.
4. Those obtained under undue influence.
5. Those obtained through material misrepresentation.
 BREACH OF CONTRACT
O failure to perform an agreement whether expressed
or implied, without cause.
The ff. constitutes breach of contract for nursing
services:
1. prevention of performance;
2. failure to perform because of inconvenience or
difficulty;
3. failure of cooperation in performance;
4. abandonment of duty (i.e, leaving unconscious
pts., going off duty without endorsement, loafing
while on duty);
5. substitution of performance;
6. failure to use due care.
 LEGAL EXCUSES IN REFUSING, NEGLECTING
OR FAILURE TO PERFORM A CONTRACT
1. discovery of material misrepresentation made and
relied upon;
2. where performance will be illegal;
3. where performance is made impossible by reason
of illness;
4. where performance is made impossible by death of
a patient or nurse;
5. where performance is made for other reasons; and
6. where contract is insufficient.
 ADVANTAGES OF
WRITTEN CONTRACTS
1. A written contract is certain.
O It avoids the uncertainty of human memory.
2. Definite time.
O It also fixes a time limit after which conditions are no
longer binding but may be opened for rediscussion.
3. It sets a standard.
O Relieves an individual professional person from
haggling over compensation.
 ADVANTAGES OF WRITTEN
CONTRACTS
4. It is open and well-known.
O Written contracts tends to establish minimum standards
for professional practitioners and to protect them
against discrimination in compensation.
5. It is definite.
O Definite in many details which may otherwise stimulate
favoritism or caprice even among professionals, such as
hours of work, vacation allowances, holiday privileges,
health and insurance provisions.
6. Provide a definite procedure in standard work.
O The employer has a clear course and the professional
nurse has a protection against arbitrary action.
 ADVANTAGES OF
WRITTEN CONTRACTS
7. It creates a minimum of certainty and security for
the professional employee
O He/she is free to concentrate on his/her work
without concern for the details which the written
contract has settled.

- Definite commitments stipulated in the contract are

hours of work and salary, length of time of contract,
days of off duty, details of duties and
responsibilities including the course to be taken in
case of non-fulfillment of the terms of the contract.
Thank
you