Contracts - Chapter 2 (Section 3)

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Chapter 2 (Section 3)

STUDY GUIDE

I. Definitions
Define or give the meaning of the following:
1. Cause
- It is the essential reason or purpose which the contracting parties have in view
at the time of entering the contract.
2. Motive
- Motive is the purely personal or private reason which a party has in entering a
contract.
3. Inadequacy of Cause
- Absence of cause should be distinguished from inadequacy of cause which, as
a rule, is not a ground for relief.
II. Discussions
1. Give the requisites of cause in a contract
- 1) It must exist at the time the contract is entered into 2) It must be lawful 3) It
must be true or real.
2. State the effect if the cause of a contract is found to be false.
- According to Article 1353, the statement of a false cause in contract shall
render them void, if it should not be proved that they were founded upon
another cause which is true and lawful.
3. What is the object and what is the cause in a contract of sale?
- In bilateral or reciprocal contract like purchase and sale, the cause for one is
subject matter or object for the other, and vice versa. Hence, the distinction is
only a matter of viewpoint.
III. Problems
Explain or state briefly the rule or reason for your answer.
1. S sold his fishing boat to B who intends to use the boat for smuggling. Is the
contract of sale illegal?
- In article 1351 if the motive of the parties entering into a contract are different
the cause thereof, if it is in illegal the motive does not render the contract
void.
2. S sold to B a specific parcel of land for P500,000. B failed to pay. Has C the right
to have the sale declared void by the court on the ground of absence of cause for
non-payment of the price?
- No, just as it says in Article 1352, a contract without cause, or with unlawful
cause, produce no effect whatever.
3. X gave P10,000 to Y who signed a receipt stating: “This is to acknowledged
payment by X in the amount of P12,000.” X later complains that he received
nothing from Y for the P10,000. Is Y bound to return the P10,000?
- Yes, If X will prove that he received nothing from Y. (Article 1354)
4. S sold to B his car worth P250,000 for only P200,000. There is no question that
the purchase price is grossly inadequate. Has S the right to have the sale annulled?
- No, Inadequacy shall not invalidate a contract unless there has been fraud,
mistake, or undue influence.

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