Professional Documents
Culture Documents
3 Contracts
3 Contracts
d. undue influence
e. fraud or deceit
Mistake or error – the false notion
of a thing or a fact material to the
contract.
Violence requires the employment of
physical force.
For intimidation to vitiate the consent of
a party to a contract, the following
requisites should be present
a. It must produce a reasonable and
well-grounded fear of an evil.
b. The evil must be imminent and grave.
c. The evil must be upon his person or
property, or that of his spouse,
descendants, or ascendants.
d. It is the reason why he enters into the
contract.
Ex.: If X signs the document because a
gun is pointed at him by Y who threatens
to kill him and he has no reason to
believe that Y will not carry out his
threat, the intimidation would vitiate
consent. But if X was merely intimidated
that he would be shot by Y and the
latter had no gun at the time of the
threat, there is no intimidation.
All things which are not outside the
commerce of men, including future
things, may be the object of a contract.
Requisites of things as object of contract
In order that things may be the object of a
contract, the following requisites must
occur:
a. It must not be impossible, legally or
physically.
b. The thing must be within the commerce
of men, that is, it can legally be the
subject of commercial transaction.
c. It must be in existence or capable of
coming into existence.
d. It must be determinate or determinable
without the need of a new contract
between the parties.
Requisites of services as object of contract
In order that service may be the object of a
contract, the following requisites must
occur:
a. The service must be within the commerce
of men.
b. It must not be impossible, physically or
legally.
c. It must be determinate or capable of being
made determinate.
Rights as object of contract
Ex.: a. Outside the commerce of men –
Things of public ownership such as
sidewalks, public places, bridges, etc.,
things that are common to everybody
such as air, sunlight, rain, etc.
b. Impossible, physically and legally –
Prohibited drugs and all illicit objects, to
kill a person
c. Determinate things – All the sacks of
rice in a bodega,; my land with the
smallest area; the land at the corner of a
particular street.
d. Future things or rights – Things to be
manufactured, raised, or acquired after
the perfection of the contract such as wine
that a vineyard is expected to produce; rice
to be harvested next harvesting season;
young animals not yet in existence, etc.
Cause of Contracts
Cause (causa) – the essential or more
proximate purpose which the
contracting parties have in view at the
time of entering into the contract.
Ex.: X sells a watch to Y for ₱5,000. As
far as X (the seller) is concerned, the
subject matter or object is the watch and
the cause is the price. As regards Y
(buyer), the subject matter or object is the
price and the cause is the watch. The cause
of X is the delivery of the price and for Y,
the delivery of the watch. But for both X
and Y, the subject matter of the transaction
is the watch.
Classification of contracts according to
cause
a. Onerous – one the cause of which, for
each contracting party is the
prestation or promise of a thing or
service by the other.
In this contract, the parties are
reciprocally obligated to each other.