Obligations and Contracts C.

Imperfect Promise (Policitation)

Discussion + Additional Info merely an unaccepted offer. Represents
the starting point for the formation of a
CONTRACTS contract
D. Pact an incidental part pf a contract
Duty of courts in interpreting contracts which can be separated from the
- Not the province of the court to alter a principal agreement
contract by construction or to make a E. Stipulation an essential and
new contract for the parties. dispositive part of a contract which
- Duty: Interpret the contract of one which cannot be separated from the principal
the parties have made for themselves agreement
w/o regard to its wisdom or folly as the
court cannot supply material stipulations
or read into the contract words which it
does not contain

Distinguish: Ordinary Contract

A. Contract of Marriage
Ordinary Marriage
Parties 2+ persons / 1 man and 1
different woman
genders
Nature, Agreement of Governed by
consequences parties law
and incidents
governed
primarily by
Once Once marriage
Result contract is is celebrated
executed = status
= contract
Termination/ Can be Cannot
Consummation (Indissolubility
of marriage
contracts)
- Refers to
sexual
intercourse
In case of Injured party Injured party to
breach: institute an institute a civil
Remedy action for action for legal
damages separation or a
criminal action
for adultery or
concubinage

XPN: Anti-nuptial agreement or marriage

settlement treated as ordinary contract already

B. Obligation
- The obligation is the cause, the contract
is the effect.
- There can be no contract without an
obligation