● A CONTRACT is a meeting of minds between two the doctrine of facio ut des which means "I do that

persons whereby one binds himself, with respect to you may give."
the other, to give something or to render some 4. An implied contract is one that is concluded as a
service. result of acts of conduct of the parties to which the
● A contract is a promise or a set of promises which the law ascribes an objective intention to enter into a
law recognizes as a duty and when that duty is not contract.' To avoid subsequent problems, nurses are
performed, the law provides a remedy. advised to clarify the terms and conditions of
● When a nurse enters into a contract with an employment before assumption of work with the
employer, it is usually an agreement to be paid a prospective employer.
certain amount of money and be provided certain 5. A void contract is one that is inexistent from the very
benefits in exchange for such services. beginning and therefore may not be enforced.
6. An illegal contract is one that is expressly prohibited
KINDS OF CONTRACTS by law. Examples of void and illegal contracts are
1. A formal contract refers to an agreement among found towards the end of this chapter.
parties involved and is required to be in writing by
some special laws. Examples are marriage contracts, REQUISITES OF A CONTRACT
mortgages, deeds of sale or work contracts. 1. To have a contract, two or more persons must
2. An informal contract is one which is concluded as participate.
the result of a written document or correspondence 2. The parties involved must give consent to the
where the law does not require the same to be in contract.
writing, or as the result of oral and spoken discussion 3. The object which is the subject matter of the contract
between the parties or conduct between the parties, must be specified such as:
evidence and intention to contract. a. all things which are not outside the commerce
3. An express contract is one in which the conditions of man;
and terms of the contract are given orally or in writing b. all rights which are not intransmissible;
by the parties concerned.' An example of this is c. future inheritance in cases expressly
usually found in formal contracts wherein the kind of authorized by law; and
services offered, salary, date and time of effectivity d. all services which are not contrary to law,
including fringe benefits, if any, are specified. If a morals, good customs, public order, and
private duty nurse is asked by a physician to go on public policy.
special duty for his patient and the patient himself 4. The cause of obligation is established. The time, price,
and his relatives do not object to the service, it is and subject matter are expressed. Generally, the
implied that the private duty nurse will be paid under length of time of a contract for services is at least
 equal to the period for which wages or salaries are Can a Roman Catholic nurse assist in a legal
payable. Thus, if one is engaged on yearly rates, the abortion? What will be the nurse's stand in the case of
length of time of the contract will be at least one year. AIDS patients? Can they legally refuse to take care of
5. Contracting parties must have the legal capacity to AIDS patients by claiming that such may endanger
enter into a contract. They must not only their health but also that of their families?
a. be of legal age ● It is imperative that nurses clarify the conditions of
b. be of sound mind; work during the interview. They should anticipate
c. not be under the influence of intoxicating such possibilities of being asked to do what their
drugs, or fear of bodily harm; and religion or their personal convictions forbid them to
d. not be suffering from physical disability such do. In so doing, their chances of being hired may be
as those who are mentally incompetent. lessened but this will be definitely better than the
possibility of a legal suit later. If they accept positions
● Married women have the full capacity to go into a that may pose danger to their lives or health, they
contract except in some cases when it is specified assume the risk. They should take the necessary
that the husband should agree to such a contract. precautions to minimize the said risks.
Examples are in selling or mortgaging of property.
Married female nurses will need written consent from INEXISTENT CONTRACTS
their husbands if they are going to work abroad.
● Persons under 18 years of age may not go into The following contracts are void or inexistent from the
contract without the consent of the parents. However, beginning.
when parents give up control over the supervision of
a minor and the latter keeps his own wages, he may 1. Those whose cause, object or purpose are contrary to
be regarded as "emancipated" or freed even though law, morals, good customs, public order or public
he continues to live at home. In such cases, the father policy.
is not liable for the services given to the child. Also, a 2. Those whose cause or object did not exist from the
nurse cannot charge the parents for services given to time of transaction.
the married minor or child since marriage 3. Those whose object is outside the commerce of man.
emancipates or releases the child from parental 4. Those which contemplate an impossible service.
responsibility! 5. Those where the intention of the parties relative to the
● Problems arise because nurses do not clarify the principal object cannot be ascertained.
provisions in their contract. Will their religion prohibit 6. Those expressly prohibited or declared void by law.
them to assist in the administration of blood 7. Those which are absolutely simulated or fictitious.
transfusion as in the case of Jehovah's witnesses?
 obtain consent. a nurse may be forced to sign a
VOIDABLE CONTRACTS contract under threat of dismissal.
4. Those obtained under undue influence. If a nurse
The following contracts are voidable or annullable, who has been taking care of an elderly patient uses
even though there may have been no damage to the her close relationship to acquire a high salary or other
contracting parties. options as property, such a contract is invalid as it is
illegal.
1. Those contracts wherein one of the parties is 5. Those obtained through material
incapable of giving consent to a contract. misrepresentation. Aside from fraud, material
2. Those whose consent is vitiated by mistake, violence, misrepresentation may permit a person to avoid or
intimidation, undue influence or fraud. cancel a contract. Suppose a midwife applied as a
nurse in an agency and was soon found not to be a
ILLEGAL CONTRACTS registered nurse, the contract that she signed
becomes illegal because she misled the employer
Contracts obtained through use of fraud (deception that she is a nurse.
and trickery,) undue (unlawful) influence or duress
(coercion) in securing such, and those that are expressly BREACH OF CONTRACT
prohibited by law are illegal.
Breach of contract is failure to perform an
Following are examples of illegal contracts: agreement, whether expressed or implied, without cause.

1. Those that are made in protection of the law. If a The following constitute breach of contract for nursing
nurse proceeds to administer intravenous injection services:"
without special training and according to protocol
established, she/ he violates RA 9173, the Philippine 1. prevention of performance;
Nursing Act of 2002. 2. failure to perform because of inconvenience or
2. Consent obtained by fraud. If a nurse obtained the difficulty;
consent of a patient or the family to be given services, 3. failure of cooperation in performance;
through misrepresentation that she/he is licensed 4. abandonment of duty (i.e., leaving unconscious
although she/he is not, such contract is illegal. patients, going off-duty without endorsement, loafing
3. Those obtained under duress. Duress means actual while on duty);
or threat A of violence or imprisonment in order to 5. substitution of performance; and
6. failure to use due care.
 4. It is more likely to be open and well-known so that the
LEGAL EXCUSES IN REFUSING, NEGLECTING OR FAILURE TO use of written contracts tends to establish minimum
PERFORM A CONTRACT standards for professional practitioners and to
protect them against discrimination in compensation.
Following are legal excuses in refusing, neglecting or 5. It is definite and can be definite on many details
failure to perform a contract: which may otherwise stimulate favoritism or caprice
even among professionals, such as hours of work,
1. discovery of material misrepresentation made and vacation allowances, holiday privileges, health and
relied upon; insurance provisions.
2. where performance would be illegal; 6. It can provide a definite procedure in case of
3. where performance is made impossible by reason of complaints about substandard work, so that the
illness; employer has a clear course and the professional
4. where performance is made impossible by death of nurse has protection against arbitrary action.
patient or nurse; 7. It creates a minimum of certainty and security for the
5. where performance is made for Other reasons; and professional employee so that he/she is free to
6. where contract is insufficient. concentrate on his/her work without concern for the
details which the written contract has settled.
ADVANTAGES OF WRITTEN CONTRACTS
Definite commitments stipulated in a contract are
Many nurses fear written contracts. The following are hours of work and salary, and responsibilities including the
the advantages of written contracts over oral ones. course to be taken in case non-fulfilment of the terms of
contract.
1. A written contract is certain. It avoids the uncertainty
of human memory.
2. It can specify a definite time within which it is binding
so as to protect both sides against sudden changes
without notice. It also fixes a time limit after which
conditions are no longer binding but may be opened
for rediscussion.
3. It sets a standard and relieves an individual
professional person from haggling over
compensation.