CRITIQUE
ARTICLE: 1315, 1316, 1317, 1318, 1319
PRESENTER: KYLE VILLACORTA
SITUATION
ARTICLE 1315 Carlos agrees to a contract to renovate Diana’s house for P500,000, with payment in
two installments. After receiving the first installment, Carlos uses substandard
materials, prompting Diana to withhold the second payment until he fixes the issues.
Carlos insists on being paid despite the breach of contract
Contracts are perfected by mere
consent, and from that moment the
parties are bound not only to the
fulfillment of what has been expressly
stipulated but also to all the
consequences which, according to their QUESTION
nature, maybe in keeping with good Can the contract still be considered perfected even
faith, usage and law. (1258) if carlos has the intentions to use substandard
materials from the agreement of the contract?
SITUATION
Anna agrees to lend her car to mark for a weekend under a commodatum (a loan for
ARTICLE 1316 use without payment). Before delivering the car, Anna changes her mind and refuses
to hand it over. Mark insists that the agreement is already binding and demands the
car.
Real contracts, such as deposit,
pledge, and commodatum, are not
perfected until the delivery of the
object of the obligation.
QUESTION
Can mark ask for consequences for failure to perfect
a contract when dealing with another person may
fail to deliver the object of obligation?
SITUATION
ARTICLE 1317 Brian, without authorization, enters into a contract to sell Emily’s property to
Charles. Emily finds out later but has not yet decided whether to approve or reject
the sale. Meanwhile, Charles demands that Emily transfer the property to him based
on the contract.
No one may contract in the name of another
without being authorized by the latter, or
unless he has by law a right to represent
him.
A contract entered into in the name of QUESTION
another by one who has no authority or legal
representation, or who has acted beyond his Is Emily bounded by the contract that Brian
powers, shall be unenforceable, unless it is signed with Charles?
ratified, expressly or impliedly, by the
person on whose behalf it has been
executed, before it is revoked by the other
contracting party
SITUATION
ARTICLE 1318 Ellie jokingly tells Ben she’ll sell her car for P500,000 if he guesses what she’s
thinking. Ben guesses, and Ellie laughs but agrees. later, she refuses to sell, saying it
wasn’t serious.
There is no contract unless the following
requisites concur:
1. Consent of the contracting parties;
2. Object certain which is the subject
matter of the contract; QUESTION
3. Cause of the obligation which is
established. Is there a valid contract between Ben and Ellie?
If so, can Ellie cancel the contract without
incurring any liability?
SITUATION
ARTICLE 1319 Anna offers to sell a table to Ben for P50,000, with the offer valid until Friday. on
Wednesday, Ben requests a lower price of P45,000, which Anna ignores. on Friday,
Ben agrees to the original price, but Anna has already sold the table to someone else.
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 offeror
except from the time it came to his knowledge. The
contract, in such case, is presumed to have been
QUESTION
entered into in the place where the offer was made.
Does Ben and Anna still have a valid contract after
Ben stated a counter offer while Anna did not
explicitly reject the offer?
THANK YOU
