Contracts against public order and public policy -

Public policy is much broader that public order. It refers to

higher goals of the state for the good of all. Public order
refers not essential to peace and order but also to existing
institution of a people.
Equality to parties under the contract - The law gives
equal standing or treatment upon the parties such that the
validity or compliance with the contract cannot be left to
the sole will of one of them.
Parties bound under the contract, exception - The
rule is that only the parties to the contract and their
assigns and heirs are bound there to unless the rights and
obligation arising there from cannot be transferred to the
heirs and assigns of the parties. Examples of in
transmissible rights and obligations are by law, by nature,
by stipulation.
Stipulations in favor of non-parties to the contract-
If a contract should contain stipulations granting a favor to
a person not a party to the contract, the latter may
demand its fulfillment provided he communicates his
acceptance to the obligator before revocation.
Third parties referring to contract - Any third
person who induces another to violate his contract
shall be liable for damages to the other party.
Consensual contracts - Are perfected by mere
consent or through the concurrence of the will of
the parties as to the object and cause of contract
Contracts creating real rights- Real rights are
those rights relating to immovable properties.
Protection of creditors - Creditors are protected
in cases of contracts intended to defraud them.
Contracts entered in the name of another - A
contract entered into the name of another without
his authority is unenforceable by action unless the
contract is ratified expressly or impliedly by him
before the other party revokes it.
 CHAPTER III
REQUISITES OF CONTRACT
Elements of a contract- There is no contract unless the
following elements are present:
1.) Consent of the contracting parties
2.) Object certain which is the subject matter of the
contract.
3.) Cause of the obligation which is established
Consent, meaning of - Consent is the conformity of
wills of the contracting parties upon the object and cause
as well as to the other terms and conditions of the
contract
Acceptance made through letters - Acceptance
should be made right after the offer has been made
Rule an offer and acceptance - The general rule is
that the person making the offer has the inherent right to
fix the time, place and manners of acceptance
Offer made through agent- It is accepted from the
time acceptance is communicated to him by the offeree.
Published advertisement not an offer -
Business advertisement of things which are for
sale in newspaper ads or media are not definitely
offers.
Persons who cannot give consent - Consent
can only be given by person who have capacity to
act.
Vices of consent - The law enumerates five
causes by which consent may be vitiated or
rendered defective. These are: mistake, violence,
intimidation, undue influence and fraud.
Mistake rendering contract defective - Mistake
as to the identity or qualification of one parties will
vitiate consent only when such identity or
qualification has been the primary cause of the
contract.