ARTICLE 1320.

An acceptance may be
express or implied.

1
 How acceptance is made?
1. Expressly
2. Impliedly

For instances;
Nestle promises to pay Joy P2,000 for
repairing his refrigerator and making it run
again.(Express)

If Joy accepts the offer by promising to do

the requested act, a bilateral contract occurs.
There are promise on both sides. (Implied)

ARTICLE 1320. An acceptance may be express or implied.

2
 In unilateral promise, specific acceptance
is not required. Unilateral contracts do not
usually require communication of expressed
acceptance. When the offeror makes a promise in a
unilateral contract, the offeror expects an action, not
another promise in return. Performance of the action
requested within the time allowed by the offeror and
with the offeror’s knowledge creates the contract.

Illustration:
Nestle promise to pay the finder of his Rolex
watch P5,000.

ARTICLE 1320. An acceptance may be express or implied.

3
 ARTICLE 1321.

The person making the offer

may fix the time, place, and
manner of acceptance, all of
which must be complied with.

5
Matters may be fix by the offerer

Illustration:
Nestle, as offerer, may tell Joy, the offeree,
that the selling of the car must accept the offer
personally on July 31, before 3p.m. in the office of
Nestle, all of which must be complied with by Joy to
create a contract.

ARTICLE 1321. The person making the offer may fix the time, place, and manner of acceptance, all of
which must be complied with.
6
Communication of the offer

The offer must be communicated and

received by the offeree. It may be by letter,
telephone, e-mail, or the like. It may be express or
implied by the language or acts of the offeror
understood as such by the other party.

ARTICLE 1321. The person making the offer may fix the time, place, and manner of acceptance, all of
which must be complied with.
7
 ARTICLE 1322.

An offer made through an

agent is accepted from the time
acceptance is communicated to
him.

ARTICLE 1322. An offer made through an agent is accepted from the time acceptance is
communicated to him.
9
ARTICLE 1322. An offer made through an agent is accepted from the time acceptance is
communicated to him.
10
ARTICLE 1322. An offer made through an agent is accepted from the time acceptance is
communicated to him.
11
 ARTICLE 1323.

An offer become ineffective

upon the death, civil interdiction,
insanity, or insolvency of either
party before acceptance is
conveyed.

13
ARTICLE 1323. An offer become ineffective upon the death, civil interdiction, insanity, or
insolvency of either party before acceptance is conveyed.
14
ARTICLE 1323. An offer become ineffective upon the death, civil interdiction, insanity, or
insolvency of either party before acceptance is conveyed.
15
 ARTICLE 1324.

When the offeror 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.
17
ARTICLE 1324. When the offeror 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. 18
ARTICLE 1324. When the offeror 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. 19
 ARTICLE 1325.

Unless it appears otherwise,

business advertisements of
things for sale or not definite
offers, but mere invitations to
make an offer.

21
ARTICLE 1325. Unless it appears otherwise, business advertisements of things for sale or not
definite offers, but mere invitations to make an offer.
22
ARTICLE 1325. Unless it appears otherwise, business advertisements of things for sale or not
definite offers, but mere invitations to make an offer.
23
 ARTICLE 1326.

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 .

25
ARTICLE 1326. 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 .
26
ARTICLE 1326. 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 .
27
 ARTICLE 1327.

The following cannot give

consent to a contract.
1. Unemancipated minors;
2. Insane or demented persons,
and deaf-mutes who do not
know how to write.

29
ARTICLE 1327. The following cannot give consent to a contract.
1. Unemancipated minors;
2. Insane or demented persons, and deaf-mutes who do not know how to write. 30
ARTICLE 1327. The following cannot give consent to a contract.
1. Unemancipated minors;
2. Insane or demented persons, and deaf-mutes who do not know how to write. 31
 ARTICLE 1328.

Contracts entered into

during a lucid interval are valid.
Contracts agreed to in a state of
drunkenness or during a
hypnotic spell are voidable.

33
ARTICLE 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in
a state of drunkenness or during a hypnotic spell are voidable.
34
ARTICLE 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in
a state of drunkenness or during a hypnotic spell are voidable.
35
 ARTICLE 1329.

The incapacity declared in

Article 1327 is subject to the
modifications determined by
law, and is understood to be
without prejudice to special
disqualification established in
the laws
37
ARTICLE 1329. The incapacity declared in Article 1327 is subject to the modifications
determined by law, and is understood to be without prejudice to special disqualification
established in the laws 38
ARTICLE 1329. The incapacity declared in Article 1327 is subject to the modifications
determined by law, and is understood to be without prejudice to special disqualification
established in the laws 39
 ARTICLE 1330.

A contract where consent is

given through mistake, violence,
intimidation, undue influence, or
fraud is voidable.

41
ARTICLE 1330. A contract where consent is given through mistake, violence, intimidation,
undue influence, or fraud is voidable.
42
ARTICLE 1330. A contract where consent is given through mistake, violence, intimidation,
undue influence, or fraud is voidable.
43
 ARTICLE 1331.
In order that mistake may invalidated
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 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.

45
ARTICLE 1331. In order that mistake may invalidated 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 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.

46
ARTICLE 1331. In order that mistake may invalidated 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 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.

47
 ARTICLE 1332.

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.
49
ARTICLE 1332. 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.
50
ARTICLE 1332. 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.
51
 ARTICLE 1333.

There is no mistake if the

party alleging it knew the doubt,
contingency or risk affecting the
object of the contract.

53
 ARTICLE 1333.

There is no mistake if the

party alleging it knew the doubt,
contingency or risk affecting the
object of the contract.

54
 ARTICLE 1333.

There is no mistake if the

party alleging it knew the doubt,
contingency or risk affecting the
object of the contract.

55
 ARTICLE 1334.

Mutual error a to legal effect

of an agreement when the real
purpose of the parties is
frustrated, may vitiate consent.

57
 ARTICLE 1335.
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.
59
 ARTICLE 1335.
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.
60
 ARTICLE 1335.
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.
61
 ARTICLE 1335.

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.
63
 ARTICLE 1336.

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.

65
 ARTICLE 1336.

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.

66
 ARTICLE 1336.

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.

67
 ARTICLE 1337.
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: the confidential, family,
spiritual and other relations between the
parties, or the fact that the person alleged
to have been unduly influenced was
suffering from mental weakness, or was
ignorant or in financial distress.
69
 ARTICLE 1338.

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.
71
 ARTICLE 1338.

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.
72
 ARTICLE 1338.

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.
73
 ARTICLE 1339.

Failure to disclose facts,

when there is a duty to reveal
them, as when the parties are
bound by confidential relations,
constitutes fraud.

75
 ARTICLE 1340.

The usual exaggerations in

trade, when the other party had
an opportunity to know the
facts, are not in themselves
fraudulent.

77
 ARTICLE 1340.

The usual exaggerations in

trade, when the other party had
an opportunity to know the
facts, are not in themselves
fraudulent.

78
 ARTICLE 1340.

The usual exaggerations in

trade, when the other party had
an opportunity to know the
facts, are not in themselves
fraudulent.

79