Page 13 - OBLICON Activity-Case Booklet

SOLUTIONS TO EXERCISES

APPLICATION OF LAW

Case 4.0: Essential Elements of a Contract

Legal Opinion:

The lower Court‘s dismissal is not in accordance with the law. In the matter
of formalities, contracts are valid and binding from their perfection regardless of

form whether they be oral or written. Consequently, as long as the three

elements of a contract exist (consent, object, cause), the contract is valid
and binding.

Case 5.0: Void Contracts

Legal Opinion:

It was held that the contract of sale is void for being simulated and fictitious.

Johnny Uy was not even conceived yet at the time of the alleged sale, hence

had no legal personality to be named as a buyer in the said deed of sale. Neither
could he have given his consent thereto. The contract of sale is perfected at the

moment there is a meeting of the minds upon the thing which is the object of the

contract and upon the price. Consent is manifested by the meeting of the offer and
the acceptance upon the thing and the cause which are to constitute the contract.