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TRADERS ROYAL BANK v. CUISON LUMBER CO.

This case has been cited 2 times or more.

2015-06-17
BRION, J.
Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract.[47] The offer must be certain, and the acceptance, whether express or implied, must be absolute.[48] An acceptance is considered absolute and unqualified when it is identical in all respects with that of the offer so as to produce consent or a meeting of the minds.[49]
2011-02-07
VILLARAMA, JR., J.
In the case of Traders Royal Bank v. Cuison Lumber Co., Inc.,[14] the Court ruled: Under the law, a contract is perfected by mere consent, that is, from the moment that there is a meeting of the offer and the acceptance upon the thing and the cause that constitute the contract. The law requires that the offer must be certain and the acceptance absolute and unqualified. An acceptance of an offer may be express and implied; a qualified offer constitutes a counter-offer. Case law holds that an offer, to be considered certain, must be definite, while an acceptance is considered absolute and unqualified when it is identical in all respects with that of the offer so as to produce consent or a meeting of the minds. We have also previously held that the ascertainment of whether there is a meeting of minds on the offer and acceptance depends on the circumstances surrounding the case.