General Provisions [Table of Contents] [Subpart 1. The term includes health-care-insurance receivables.
There is no contract unless the following requisites concur: 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. An acceptance may be express or implied. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with.
An offer made through an agent is accepted from the time acceptance is communicated to him. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised.
Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer. Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears.
The following cannot give consent to a contract: Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable.
The incapacity declared in Article is subject to the modifications determined by law, and is understood to be without prejudice to special disqualifications established in the laws. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.
In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract.
Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. A simple mistake of account shall give rise to its correction.
When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the former.
There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent.
There is violence when in order to wrest consent, serious or irresistible force is employed. There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent.
To determine the degree of intimidation, the age, sex and condition of the person shall be borne in mind. A threat to enforce one's claim through competent authority, if the claim is just or legal, does not vitiate consent. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract.
There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered: There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to.
Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent.
A mere expression of an opinion does not signify fraud, unless made by an expert and the other party has relied on the former's special knowledge. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual.
Misrepresentation made in good faith is not fraudulent but may constitute error.
Organization and Good Standing. (a) Seller. The Seller is a corporation duly organized, validly existing, and in good standing under the laws of the State of _____ and is duly qualified to transact business as a foreign corporation and is in good standing in every jurisdiction in which the conduct of its business requires it to be so qualified. Bouvier's Law Dictionary Edition. A. A, the first letter of the English and most other alphabets, is frequently used as an abbreviation, (q. v.) and also in the marks of schedules or papers, as schedule A, B, C, &rutadeltambor.com the Romans this letter was used in criminal trials. The judges were furnished with small tables covered with wax, and each one inscribed on it the initial letter of his. A couple of years ago I purchased the 18th edition of Law for Business and Personal Use after reading reviews of it in various publications and doing some first hand comparisons with competing books.
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.
Simulation of a contract may be absolute or relative. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement. An absolutely simulated or fictitious contract is void.law officer: age: qualification: scale-I: 20* LLB: scale II: ** LLB and following work-exp.
Enrolled as an advocate with Bar Council and 3 years’ experience of practice at Bar or Judicial service and/or 2 years as a Law Officer in the Legal Dept. of a Scheduled Commercial Bank or the Central/State Government or of a Public Sector Undertaking and candidates should produce a.
Bouvier's Law Dictionary Edition. A. A, the first letter of the English and most other alphabets, is frequently used as an abbreviation, (q.
v.) and also in the marks of schedules or papers, as schedule A, B, C, &rutadeltambor.com the Romans this letter was used in criminal trials.
The judges were furnished with small tables covered with wax, and each one inscribed on it the initial letter of his. Full text of the Civil Code of the Philippines [Republic Act No. ]. Featured on the World Wide Web by The Law Firm of Chan Robles & Associates - Philippines.
A couple of years ago I purchased the 18th edition of Law for Business and Personal Use after reading reviews of it in various publications and doing some first hand comparisons with competing books. Organization and Good Standing. (a) Seller. The Seller is a corporation duly organized, validly existing, and in good standing under the laws of the State of _____ and is duly qualified to transact business as a foreign corporation and is in good standing in every jurisdiction in which the conduct of its business requires it to be so qualified.
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