Jimenez Activity 3

Fredrich C.
Jimenez
5th year – BSECE
ECE Laws, Contracts, and Ethics (September 17, 2020 7-8pm)
Activity 3
I. Definition
1. Consent – is the conformity or concurrences of wills and 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.
2. Acceptance – is the 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.
3. Natural elements – or those that are presumed to exist in certain contracts unless
the contrary is expressly stipulated by parties like warranty against eviction or
warranty against hidden defects in sale.
4. Option contract – is one giving a person for a consideration a certain period
within which to accept the offer of the offeror. It is separate and distinct from the
contract which will be perfected upon the acceptance of the offer. Option may
also refer to the privilege itself given to the offeree to may also refer to the
privilege itself given to the offeree to accept an offer within a certain period.
5. Mistake of law - is that which arises from an ignorance of some provision of law,
or from an erroneous conclusion as to the legal effect of an agreement, on the
part of one of the parties.
II. Discussions
1. When is a contract voidable or annullable?
Art. 1390. The following contracts are voidable or annullable even though there may
have been no damage to the contracting parties:
(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation, undue
influence or fraud.
These contracts are binding, unless they are annulled by a proper action in court.
They are susceptible of ratification.
2. Is it always required that he who alleges fraud or mistake in entering into a
contract, must prove his allegation? Explain.
Yes. Whoever alleges must always prove both in Criminal and civil cases. However,
the standard of proof in civil cases is usually lower.
3. Give the requisites in order intimidation may vitiate or annul consent of a party to
a contract.
There are two of they may be subdivided into, one is common or those present in all
contracts, namely, consent, object and cause. Second is special or those not
common to all contracts or those which must be present only in, or peculiar to
certain specified contracts.
4. May fraud be commuted by a party to a contract though there is no
misrepresentation on his part? Explain.
No, in Article 1342. Misrepresentation by a third person does not vitiate consent,
unless such misrepresentation has created substantial mistake and the same is
mutual. So, for a third person has no connection with a contract.
5. Will the acceptance of a business advertisement of a thing for sale produce the
perfection of a contract? Explain.
Yes, but merely invitation to the reader to make an offer. However, if the
advertisement is complete in all the particulars necessary in a contract, it may
amount to a definite offer which, if accepted, will produce a perfected contract.
III. Problems.
1. Under Article 1323, even if the offer is not withdrawn, its acceptance will not
produce a meeting of minds in case the offer has already become ineffective
because of the death, civil interdiction, insanity, or insolvency of either party
before conveyance of the acceptance of the offer.
2. The exception is when the option is founded upon a consideration, as something
paid or promise.
3. Under Article 1344, in order that fraud may make a contract voidable, it should be
serious and should not have been employed by both contracting parties.
Incidental fraud only obliges the person employing it to pay damages.
4. Under Article 1343, Misrepresentation made in good faith is not fraudulent but
may constitute error. If the misrepresentation is not intentional but made in good
faith, it is considered a mere mistake or error; hence, the party guilty of fraud is
subject to greater liability.
5. The fact that the contracting parties has the consent about what is the price of
the car, the transaction is not sufficient ground for the cancellation of a contract.
However, if it is show that B induced S to sell his car through the fraud, mistake
or undue influence, S has the right to have the sale annulled.

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Fredrich C.

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