CONTRAK bP authorizes A to sell P's car for P100,000.00 cash. ‘sells the same to B for 100,000.00 in installments, Cannot enforce the contract against P unless P ratifies because although A had the authority to sell the car. acted in excess of authority, ‘Those that do not comply with the Statute of Frauds. (Art. 1409} The Statute of Frauds is a stétute designed to pr the commission of fraud by requiring certain contracts to be writing and be subscribed by the party charged to wholly executory contracts, ie. Performance has yet been made by both contracting part Contracts infringing the Statute of Frauds either for damages or specific performance. The following Contracts must be in writing: otherwis they are unenforceable: & An agreement that by its terms is not to be perfor within a year from the making thereof. Example: On January 1, 2014, C and O oral entered into a contract for the construction of Ci building which shall begin’on February A special promise to answer for the debt, default, or miscarriage of another. This is known as guaranty Example: _ D borrowed from C 10,000.00 with as guarantor. The guaranty was made orally. If D_ ‘cannot pay, C cannot enforce the guaranty against G. An agreement in consideration of marriage, other than ‘mutual promise to marry. a Examples: (1) _ F, the father of G, orally agreed ‘© give a Rouse and lot to G, the groom, and B, his <8. In consideration of their marriage. The agreement © unenforceable against F since itis notin writing. (2) M nc W mutually agreed to marry each other within 6 The agreement was oral. At the end of 6 » M refused to marry W. If preparations have jade for the wedding, M can enforce the contract, 197 pose though the for the purpose of claiming damages alt ‘mutual promise wes notin wring, but ot for the specie promise to marry Sale of goods, chattels or things in action at a pnce not less than P500.00. Things in action inolude credit, shares of stock ‘and other incorporeal properties, Example: S orally sold to 8. The ates soreed ai Serena es eee ct ing, “However, ithe price af the radio is PSOO OC o less, the sale is enforceable although it is wholly executory Rule in sale by euction If the auctioneer makes an calry whi sales book, at the time of sale, of the amouni ane MiAd oF Property sold, terms of sale, price, " Purchasers and person on whose accour made, itis a sufficient memorandum, (Art. 1 isa with; hence, the sale is enforceable althousi not subscribed by the party sought to be held liable ‘An agreement for the leasing of a real property or of an interest therein for more than one year. lease is personal property, the contact enfocuabe repardees of he engi of the lease period. ; Sale of real property or an interest therein (regardless of price). ‘A representation as to the credit of a third person The representation must have the effect of party to whom the representation i to another. to buy construction m: on creat mt Toray tle © tat has a credit standing and pays his loans promptly. C thus selis (on credit to D. If the representation is false, C cannot