Consent Flashcards
3 questions about consent
Have the parties reached an agreement on their contract? Do both parties understand what they agreed upon? Is there consent free of vices and defects?
Who is the offeror?
The master of the offer
Who is the offeree??
The one who has the power to seal the deal
Who is usually the offeror in a grocery store?
The store is usually the offeror, the the buyer is the offeree.
1927 Consent
Most important three aspects:
1. Consent is an essential requirement of any contract since “a contract is formed by the consent of the parties.” this requirement applies to “all contracts, nominate or innominate.”
2. Consent must be manifest so as to be “established through offer and acceptance.” Consent is made of two components parts and makes a contract a “bilateral juridical act” bc two “wills” are exchanged.
3. As a matter of principal, contracts are consensual, “unless the law prescribes certain formality for the intended contract, offer and acceptance may be made orally, in writing, or by action or inaction that under the circumstances is really indicative of consent.”
Without consent the contract is “vitiated” and “null” whether absolutely or relatively
an offer can be made in writing or by action
when special formalities are prescribed for a contract, the same formalities are required for an offer or acceptance intended to for that contract.
1948 Vitiated consent
Consent may be vitiated by error, fraud, or duress.
1959 Nature
Consent is vitiated when it has been obtained by duress of such nature as to cause reasonable fair of unjust and considerable injury to a party’s person, property, or reputation.
Age, health, disposition, and other personal circumstances of a party must be taken into account in determining reasonableness of the fear
1949 Error vitiates consent
Error vitiates consent only when it concerns a cause without which the obligation would not have been incurred and that cause was known or should have been known to the other party.
1950 Error that concerns cause
Error may concerns a cause when it bears on the nature of the contract, or the thing that is the contractual object or substantial quality of that thing, or the person the qualities of the other party, or the law, or any other circumstance that parties regarded or should in good faith have regarded as a cause of the obligation.
1947 Form contemplated by parties
when in the absence of a legal requirement, the parties have contemplated a certain form, it is presumed that they do not intend to be bound until the contract is executed in that form
Existence and Expression of consent
A contract exists when the offer and acceptance are expressed in such a way that there is a meeting of the minds of the parties
