Page 48 - Obligations & Contracts Module 1-2

*Requirements of Consent:

a. Plurality of subject

b. Capacity

c. Intelligence and free will

d. Manifestation of intent of parties

e. Cognition by the other party

f. Conformity of manifestation and cognition

Note: We follow the theory of cognition and not the theory of manifestation. Under our civil

law, the offer and acceptance agree only when the offeror comes to know, and not when the

offeree merely manifests his acceptance

*ELEMENTS OF VALID OFFER ELEMENTS OF VALID ACCEPTANCE

a. definite a. unequivocal

b. complete b. unconditional

c. Intentional

WHEN OFFER BECOMES INEFFECTIVE:

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

2. express or implied revocation of the offer by the offeree

3. qualified or conditional acceptance of the offer

4. subject matter becomes illegal or impossible before acceptance is communicated