Page 59 - Obligations & Contracts Module 1-2

b. THOSE WHERE THE CONSENT IS VITIATED BY MISTAKE, VIOLENCE, INTIMIDATION,

UNDUE INFLUENCE OR FRAUD (vice of consent)

(1) Mistake – false belief into something

Requisites:

1. Refers to the subject of the thing which is the object of the contract

2. Refers to the nature of the contract

3. Refers to the principal conditions in an agreement

4. Error as to person - when it is the principal consideration of the contract

5. Error as to legal effect - when mistake is mutual and frustrates the real purpose of parties

(2) Violence – serious or irresistible force is employed to wrest consent

(3) Intimidation – one party is compelled by a reasonable & well-grounded fear of an imminent

& grave danger upon person & property of himself, spouse, ascendants or

descendants (moral coercion)

(4) Undue Influence – person takes improper advantage of his power over will of another

depriving latter of reasonable freedom of choice

(5) Fraud – thru insidious words or machinations of contracting parties, other is induced to enter

into contract w/o w/c he will not enter (dolo causante)

*EFFECTS OF ANNULMENT:

1. Obligation to give – mutual restitution/restoration

2. Obligation to do – value of service