Republic of the Philippines
COURT OF APPEALS
Manila
SECOND DIVISION
RAUL GERONIMO and ANNA GERONIMO Plaintiff-Appellee,
CIVIL CASE NO. 190211
-versus -
PETER PASCUAL Defendant-Appellant,
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MEMORANDUM
Defendant-appellant, Peter Pascual, through counsel, in compliance with the Honorable Court’s order,respectfully submits this Memorandum Prefatory Statement
Plaintiff-appellee RAUL GERONIMO and ANNA GERONIMO in the instant case claims, with the lower Court’s sanction, that there should be an annulment of the Deed of Sale, saying that the Contract of Sale of the Condominium
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This is the instance where the wife’s consent is not requires and, impliedly, no judicial intervention necessary.
In the instant case, the contract of sale is valid from the moment the defendant said YES to the plaintiff in April 2009. Defendant immediately agrees on buying the condo unit for Two Million Pesos upon offer, thus the contract of sale is valid, perfected and binding.
II. The parties were capable of giving consent to the contract specifically the plaintiff, thus:
Article 1390. The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties;
(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.
In the instant case, plaintiff was capable of giving consent to the contract and her consent was not vitiated by mistake.
Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer.
Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract in such case is presumed to have been entered into in the place where the
Any such owner or occupant injured in the comfort or enjoyment of this estate thereby may have an action of tort for damages under chapter two hundred and forty-three.
Consent is defined by NHS Choices (2010) as: "the principle that a person must give
-the reasoning: the letter agreement left the point of delivery up to future negotiation and was not specific to all essential terms. The letter was unenforceable agreement to agree and there was no contract.
i. Virtually instantaneous general rule should apply (ie. contract is formed when the offeree’s acceptance is received by the offeror; per Lord Wilberforce in Brinkibon)4;
COME NOW, PLAINTIFF, by and through her attorney of record, Corey Lightner, Esq.. of YOUNG’S LAW FIRM, and hereby files their Motion for Summary Judgment. The rule governing this matter is Rule 1.510(c) of
An acceptance of an offer is “ a manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer.
Facts: The case arose over the prospective purchase of a residence in Baltimore, Maryland. Buyers Rebecca Cochran, Robert Cochran, Hope Grove and Robert Grove sought to buy property from seller Eileen Norkunas. The buyers presented to Ms. Norkunas a letter of intent where they specified that the two parties would execute a standard Maryland Realtors contract to finalize the purchase. The parties signed the letter of intent on March 7, 2004 and presented Ms. Norkunas a deposit check for $5,000. Shortly there after, the seller received a contract and addenda to “effect the transaction”.
Acceptance-This basically means that the terms of the offer have been clearly understood and agreed to through consent and assent and at no time will the terms be changed.
The purpose of this memorandum is to outline the important aspects of the case, Goss v. Lopez, and write a case brief using the FIRAC method.
THIS CAUSE having come on to be heard before the Court upon the Wife’s Complaint for Divorce, and the Husband’s Counter Complaint for Divorce, and the Court having scheduled a Final Hearing for June 17, 2012, and the parties and their respective counsel having appeared before the Court on said date, and the parties having established residency during the Final Hearing,
The court ruled that the trial court’s grant of summary judgment was correct for the promissory estoppels claim. The plaintiff’s breach of contract claim case was remanded back to the lower court for further determination.
The offer had been agreed upon from both parties is important. The acceptance of an offer cannot alter the terms of the specified in the offer. “An offeree accepts by saying or doing something that a reasonable person would understand to mean that he definitely wants to take the offer.” (Beatty, 2016) Once the buyers or offeree came to an
WHEREAS, the Parties have concluded that this Agreement is a fair, reasonable and adequate resolution of all Claims that have been made, or could have been made in the Suit; and
Consent must be clear and recognizable from other things and given in a comprehensive and effectively open frame, utilizing clear and plain language. It must be as simple to pull back assent as it is to allow it.
Acceptance is a final and unqualified expression of consent to the terms of an offer. An offer may only be accepted by the person to whom it is made unless an agent is authorized to accept on behalf of that person. In addition, an acceptance must be made in the manner requested or authorized by the offering party. If the party to whom the offer is made