Professional Documents
Culture Documents
Ratio: No, the law prevailing in this case Art 1262 of the
C.C.
SECTION 1. - Consent
Art. 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.
Enriquez vs Sun Life Insurance
Facts: On Sept 24, 1917, Joaquin Herrer made an
application to Assurance Company of Canada through
its office in Manila for a life annuity. Two days later he
paid the P 6000 to the manager of the companys
Manila office and was given a receipt.
Issue:
WON THE CONTRACT OF INSURANCE WAS
PERFECTED
RATIO: The husband of the petitioner was never able to
receive the policy and accept it thus there was no
perfection of contract.
Luis Lim died on Aug 23, 1917 after the issuance of the
provisional policy but before the approval of the
application by the home office of the insurance
company.
Case was brought by the beneficiary.
Facts
Facts
Gulf
Resorts Inc.
Corporation
vs
Philippine
Charter
Insurance
HEATLCARE
AGREEMENT
is
RATIO: YES,
contract