“Contract is a meeting of the minds between two contracting
parties whereby one binds himself, with respect to the other, to give something
or to render some service.”[1]
During college days, our Law professor, Atty. Amor Robles, would ask us to read a series of articles from Obligation and Contracts up until Negotiable Instruments in a span of four to five months which would make us nervous every time we are to recite hoping that we know the articles she would ask by heart. Despite the nerve-racking experience we had, I know that she taught us a lot of things in this subject, especially asking us to remember the first quote by heart. I would not have trade that experience of her teaching us as I know that she is one of the best law professors that could teach us to understand the concepts and terms.
“All contracts are agreements but not all agreements are contracts.”[1]
“All contracts are agreements but not all agreements are contracts.”[1]
Let's talk about contracts, they come in different forms such as terms and conditions, rules and regulations or any other contracts that are agreed through formal signing, and sometimes to the point that we confuse them with agreements. However according to my second quote from Hector de Leon's Obligation and Contracts book, contract is agreed upon, but not in binding. I think it is proper that we should not believe into something unless there is a proof of agreement.
A perfect example is elections, especially as we are about to vote in two to three months time. Politicians would usually give promises, which we as masses agreed upon by believing that their platforms had good plans in improving the economy; however when we voted them, most of the time, they gave us false hope that they would fulfill it. Few days ago, a news from Gigi Grande of ABS-CBN news[2] showed in KampanyaSerye edition of the party-list in which there are some party-list either did not create bills or created bills that are not directly related to their target population.
Another example of agreement that may not end up into contract would be some men with "id mentalities" promising women "the ring" by sweet-talking them in order to get what they want which is usually in a form of sex and when the women gave in to men's short-term desire and believing the men's everlasting promise, they will just be left into dust once these men got the woman's purity, which I think caused families to be broken and for most people, whether men or women, to believe that humanity cannot be restored.
Terms and Conditions: Have we actually read them by heart?
Sometimes we felt that reading contracts is such a nuisance from reading terms and conditions, warranties, etc. Most of the time, we are actually lying that we agreed to read the terms and conditions because of a very long contract that we need to read, especially we are so busy doing a lot of things.
Example of it are those bank's terms and conditions. Aside from the contract being long, it is also too small that would make the eyes of the people tiring whenever they read it, especially the elderly who will not have any patience by this time. Bank companies might contest that they need to save paper for environment purpose and to save money. For the point of view of the clients, do we devote our time to read it instead of doing tasks that are immediate and deemed to be more productive? Will the benefit of reading the whole contract outweigh the possible fortuitous events that would go against us, even natural or sudden death?
Such instance is when the cars that had been affected by typhoon Ondoy[3], owners were shocked that their cars are not covered by the insurance companies because they have not read in the contract that the companies would not cover 'acts of God', these owners were not able to brace the consequence and might accuse the insurance companies that they were being mislead by it. Personally I think the best way to satisfy both sides is to still make that terms and conditions, but summarize the important things that are being highlighted by the said condition because not all of them are that important or that damaging in the part of the client.
Example of it are those bank's terms and conditions. Aside from the contract being long, it is also too small that would make the eyes of the people tiring whenever they read it, especially the elderly who will not have any patience by this time. Bank companies might contest that they need to save paper for environment purpose and to save money. For the point of view of the clients, do we devote our time to read it instead of doing tasks that are immediate and deemed to be more productive? Will the benefit of reading the whole contract outweigh the possible fortuitous events that would go against us, even natural or sudden death?
Such instance is when the cars that had been affected by typhoon Ondoy[3], owners were shocked that their cars are not covered by the insurance companies because they have not read in the contract that the companies would not cover 'acts of God', these owners were not able to brace the consequence and might accuse the insurance companies that they were being mislead by it. Personally I think the best way to satisfy both sides is to still make that terms and conditions, but summarize the important things that are being highlighted by the said condition because not all of them are that important or that damaging in the part of the client.
Footnote:
[1]http://www.scribd.com/doc/7501215/Contract-is-a-Meeting-of-the-Minds-Between-Two-Persons-Whereby-One-Binds-Himself#scribd
[3]Review 'acts of God' clause in car insurance
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