Essential Requisites of Contract
ESSENTIAL REQUISITES OF CONTRACTS
Article 1318. There is no contract unless the following requisites concur: 1. Consent of the contracting parties; 2. Object certain which is the subject matter of the contract; 3. Cause of the obligation which is established.
Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made. Consent - with respect to contracts, it is the agreement of the will of one contracting party with that of another or others, upon the object and terms of the contract.
Offer - a proposal made by one party to another to enter into a contract. It is more than an expression of desire or hope. It is really a promise to act or to refrain from acting on condition that the terms thereof are accepted by the person (offeree) to whom it is made.
Acceptance - manifestation by the offeree of his assent to the terms of the offer. Without acceptance, there can be no meeting of the minds between the parties. Acceptance being absolute means that it “must in every respect meet and correspond with the terms and condition of the offer, plain and unconditional.” Examples:
Mar asked Vic this question: “Do you agree to buy my Honda car, model
1998 for P280,000?” Vic replied, “Yes, I agree.” Here the offer of Mar to sell the car to Vic is certain and the acceptance of Vic to buy the car is absolute, plain and unconditional.
Suppose Vic instead of agreeing to pay Mar P280,000 proposed to pay
P230,000 to Mar. Was there a valid acceptance?
Sam told Art at a restaurant in Manila, “I will sell my house and lot at 1054
Article 1318. There is no contract unless the following requisites concur: 1. Consent of the contracting parties; 2. Object certain which is the subject matter of the contract; 3. Cause of the obligation which is established.
Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made. Consent - with respect to contracts, it is the agreement of the will of one contracting party with that of another or others, upon the object and terms of the contract.
Offer - a proposal made by one party to another to enter into a contract. It is more than an expression of desire or hope. It is really a promise to act or to refrain from acting on condition that the terms thereof are accepted by the person (offeree) to whom it is made.
Acceptance - manifestation by the offeree of his assent to the terms of the offer. Without acceptance, there can be no meeting of the minds between the parties. Acceptance being absolute means that it “must in every respect meet and correspond with the terms and condition of the offer, plain and unconditional.” Examples:
Mar asked Vic this question: “Do you agree to buy my Honda car, model
1998 for P280,000?” Vic replied, “Yes, I agree.” Here the offer of Mar to sell the car to Vic is certain and the acceptance of Vic to buy the car is absolute, plain and unconditional.
Suppose Vic instead of agreeing to pay Mar P280,000 proposed to pay
P230,000 to Mar. Was there a valid acceptance?
Sam told Art at a restaurant in Manila, “I will sell my house and lot at 1054