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Essential Requisites of Contracts

The three essential elements of a valid contract are consent, object, and cause. Consent requires an offer and acceptance between parties that have the legal capacity to contract. The object must be lawful and determinate. The cause is the reason the parties enter the contract, such as the exchange of goods or services. Without all three elements, there is no valid contract.

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76 views4 pages

Essential Requisites of Contracts

The three essential elements of a valid contract are consent, object, and cause. Consent requires an offer and acceptance between parties that have the legal capacity to contract. The object must be lawful and determinate. The cause is the reason the parties enter the contract, such as the exchange of goods or services. Without all three elements, there is no valid contract.

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Cherry Rose Ladica
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ESSENTIAL ELEMENTS OF A CONTRACT

There is no contract unless the following requisites concur:

CONSENT

 Offer
1. The person making the offer can fix the time, place, and manner of acceptance, all of which must
be complied with
2. Offer made by an agent is accepted from the time it is communicated to him (agent)
3. The offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either
party before acceptance is conveyed.
4. Advertisements for bidders are simply invitations to make offers.

Acceptance

1. It must be absolute.
2. Should be communicated to the offeror.
3. May be expressed (word) / implied (actions).

In a counteroffer, it should be agreed upon by the person who first makes the offer to have consent.

Promises in Offer and Acceptance

Policitacion- is not binding because there is no acceptance.

Unilateral promise accepted- is still not binding.

Bilateral Promise- binding

 Contracting parties must possess the necessary legal capacity.

2 kinds of incapacity

1. Absolute Incapacity (voidable)


 Unemancipated Minors
- Except contracts involving necessary
- Where the minor misrepresented his age (estoppel)
 The insane or demented person
- Lucid interval
 Deaf- mutes who do not know how to write.
2. Relative incapacitated (void)
 Those civil interdictions for transactions inter vivos
 Undischarged insolvents
 Husband and wife: cannot donate to each other, nor sell if the marriage is under.
3. It must be intelligent, free, spontaneous, and real.
Vices of consent: voidable
- Violence- there is physical force.
- Intimidation- pagbabanta either to your family, property, or to you.
- Mistake-
- Fraud- dolo causente
- Undue influence- reverential fear

Object vs. Cause

Contract of sale:

S sells his land to B for 1,000,000

Object: Land

Cause: 1,000,000

Contract of Lease:

S leases his land to B for 10,000 per year

Object: Delivery of land

Cause: 10,000

Object

1. Not contrary to the law, morals, good customs, public order, or public policy.
2. Actual or possible
3. Transmissible: within the commerce of man
4. Determinate or determinable (not generic)

Future Inheritance- cannot be the object. Not valid

Cause

Onerous- as to each of the contracting parties is understood to be the undertaking or the promise of the
thing or service by other parties.

Gratuitous- the service or benefit which is remunerated.

Remuneratory- Mere liberality of the benefactor.

1. Existing
2. Lawful
3. True- statement is true.

Cause vs. Motive

X buys a gun from an arms dealer and procures the necessary permit.

Motive: assassination (doesn’t matter)


 

Essential elements are a must in every contract; these are consent, object, and cause. Without
these three, a contract will not be valid.

The first element in the contract is consent; for the contract to be valid, it should have consent.
Consent consists of an offer and its acceptance. An offer is a proposal made by one party to
another, indicating a willingness to enter into a contract. But an offer is not enough to make a
contract; there also needs to be acceptance. Acceptance is the manifestation by the offeree of his
assent to all the terms of the offer. Acceptance should be absolute and must be communicated to
the offeror; it may be expressed or implied.

Only people who have the capacity can give consent. A person who is absolutely incapacitated
cannot give consent, like unemancipated minors, the insane, or deaf-mutes who do not know
how to write. Absolutely incapacitated, just like minors cannot give consent unless he
misinterpreted his age or when an insane person goes through lucid intervals. A contract where
consent is given by a person who is absolutely incapacitated is voidable. While a person, such as
those subject to civil interdictions for transactions inter vivos or undischarged insolvents, or a
husband and wife in a donation to each other, are relatively incapacitated, contracts entered into
with their consent are void.

Consent must also be free, intelligent, spontaneous, and real. There must be no violence,
intimidation, lawful mistake, fraud, or undue influence so that the contract will be valid and not
voidable.

The second element is the object. All things that are not contrary to the law, morals, good
customs, public order, or public policy can be the object of a contract. Objects must be actual or
possible, transmissible, or determinate or determinable.

The third and last element is the cause. The cause is the essential reason or purpose that the
contracting parties have in mind at the time of entering into the contract.

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