This case has been cited 2 times or more.
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2016-01-11 |
BERSAMIN, J. |
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| According to Article 1318 of the Civil Code, the requisites for any contract to be valid are, namely: (a) the consent of the contracting parties; (b) the object; and (c) the consideration. There is a perfection of a contract when there is a meeting of the minds of the parties on each of these requisites.[16] The following passage has fittingly discussed the process of perfection in Moreno, Jr. v. Private Management Office:[17] | |||||
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2015-09-16 |
PEREZ, J. |
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| To reach that moment of perfection, the parties must agree on the same thing in the same sense, so that their minds meet as to all the terms.[20] They must have a distinct intention common to both and without doubt or difference; until all understand alike, there can be no assent, and therefore no contract. The minds of parties must meet at every point; nothing can be left open for further arrangement. So long as there is any uncertainty or indefiniteness, or future negotiations or considerations to be had between the parties, there is not a completed contract, and in fact, there is no contract at all.[21] | |||||