Philippine Bar review · Question

Practice question: Consensuality

Multiple Choice Hard Jurisprudence

Practice question

Parties fully agree on the object, price and lawful terms of an ordinary consensual service contract, with no special-form requirement and no condition that signatures are necessary before they will be bound. One later refuses performance solely because a ceremonial signing has not happened. Which is correct?
  1. The meeting of minds can perfect the contract; the missing ceremony alone does not defeat the stated agreement
  2. Every service contract requires a public instrument
  3. The party may always revoke after agreement without legal consequence
  4. Consent never creates obligations
  5. Only delivery of a physical object can bind services

Legal references

  • Civil Code, Articles 1315 and 1356: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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