You are on page 1of 2

Perfection of Contract - is the meeting of minds regarding the subject matter and the cause of the contract.

Vitiate Contract - to impair or make void; to destroy or annul, either completely or partially, the force and effect of
an act or instrument. Mutual mistake or Fraud.

Mistake or error is the false notion of a thing or a fact material to the contract.

Violence - requires the employment of physical force. There is physical contact between the persons or there is
physical coercion.

Threat or intimidation – there is mental or moral coercion.

Lucid Interval – is a temporary period of sanity. This is the period of suspension of insanity to sanity, again to
insanity.

Simulation of Contract- is the act of deliberately deceiving others, by feigning or pretending by agreement, the
appearance of a contact which is either non-existent or concealed.

Reformation of Contract – is that remedy by law by means of which a written instrument is amended or rectified
so as to express or conform to the real agreement or intention of the parties when by reason of mistake, fraud,
inequitable conduct or accident, the instrument fails to express such agreement or intention.

Emancipation of Minors - a minor can be emancipated by attainment of the age of majority, by marriage, or by the
concession recorded in the Civil Register, of the father or of the mother who exercises parental authority.

Outside the Commerce of Men – clings on public ownership such as sidewalks, public places, bridges, streets, etc.;
things that are common to everybody such as air, sunlight, rain, etc.

Defective contract as follows:

Rescissible contracts – are those validly agreed upon because all the essential elements exist and, therefore, legally
effective, but in the cases established by law, the remedy of rescission is granted in the interest of equity.

Voidable contracts – or annullable contracts are those which possess all the essential requisites of a valid contract
but one of the parties is incapable of giving consent, or consent is vitiated by mistake, violence, intimidation,
undue influence, or fraud.

Unenforceable contract – are those that cannot be enforced or given effect in a court of law or sued upon by
reason of certain defects provided by law until and unless they are ratified according to law.
Void or Inexistent contracts - Void contracts are those which, because of certain defects, generally produce no
effect at all. Inexistent contracts refer to agreements which lack one or some or all of the elements or do not
comply with formalities which are essential for the existence of a contract.

You might also like