Formation of Contracts Flashcards
Art. 1113.
A contract is formed by the meeting of an offer and an acceptance by which the parties demonstrate their will to be bound.
This may stem from a person’s declaration or unequivocal conduct
Art. 1114
An offer, whether made to a particular person or to persons generally, contains the essential elements of the envisaged contract, and expresses the will of the offeror to be bound in case of acceptance. Failing this, there is only an invitation to enter into negotiations.
We already mentioned the 2nd requirement .
The 1st requirement is about the inclusion of all the essentials elements to the contract
The 2nd requirement implies that the offer must express the will of the offeror to be bound by the acceptance, in case of acceptance. That is, if there’s an acceptance the offer binds the offeror.
In absence of this two requirements under art.
1114 (the will to be bound and the inclusion of all the
essential elements), there’s no offer, there’s only an invitation to enter into negotiations.
Art. 1118.
An acceptance is the manifestation of the will of the offeree to be bound on the terms of the offer.
Art. 1119 deals with general conditions of contracts. These are similar to standard contracts as it seeks the same purpose.
Contrary to standard contracts, the company in question itself drafts these general conditions of contract (not a 3rd party
Art. 1119
–General conditions put forward by one party have no effect on the other party unless they have (P.1) been brought to the latter’s attention and that party has accepted them.
In case of inconsistency between general conditions relied on by each of the parties, incompatible clauses (P.2) have no effect.
In case of inconsistency between general conditions and special conditions, the latter prevail over the former.
Art. 1120
–Silence does not count as acceptance except where so provided by legislation, usage, business dealings or other particular circumstances.
Therefore, we count three exceptions for which silence equals acceptance
the law, usages, and
business relations.
Art. 1121
A contract is concluded as soon as the acceptance reaches the offeror. It is deemed to be concluded at the place where the acceptance has arrived.
Art. 1122
Law or the contract may provide for a period for reflection, which is a period within which the offeree cannot give his acceptance, or a period for withdrawal, which is a period within which a party may withdraw his consent.
