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  • Oblicon - Unenforceable Contracts PDF

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    Rhett Emmanuel C. Serfino
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    This document discusses unenforceable contracts under Philippine law. Specifically, it outlines three types of unenforceable contracts: 1) those made without authority or in excess of authority, though the defect can be cured by ratification; 2) those where both parties were incapacitated at the time of agreement, again curable by ratification; and 3) those subject to the Statute of Frauds requiring written form, such as contracts that cannot be performed within one year or involve the sale of goods over P500.

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    This document discusses unenforceable contracts under Philippine law. Specifically, it outlines three types of unenforceable contracts: 1) those made without authority or in excess of authority, though the defect can be cured by ratification; 2) those where both parties were incapacitated at the time of agreement, again curable by ratification; and 3) those subject to the Statute of Frauds requiring written form, such as contracts that cannot be performed within one year or involve the sale of goods over P500.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    39 views1 page

    Oblicon - Unenforceable Contracts PDF

    Uploaded by

    Rhett Emmanuel C. Serfino
    This document discusses unenforceable contracts under Philippine law. Specifically, it outlines three types of unenforceable contracts: 1) those made without authority or in excess of authority, though the defect can be cured by ratification; 2) those where both parties were incapacitated at the time of agreement, again curable by ratification; and 3) those subject to the Statute of Frauds requiring written form, such as contracts that cannot be performed within one year or involve the sale of goods over P500.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    UNENFORCEABLE CONTRACTS

    CONSENT OBJECT CAUSE

    No authority/in excess of authority OK OK

    (Defect cured by ratification [express/implied])

    Both parties incapacitated OK OK

    (Defect cured by ratification)

    Statute of Frauds:
    OK OK OK

    (Defect in form - should be in writing and subscribed by the parties)

    Contract not to be performed w/in one year


    Promise to answer for the debt of another
    Agreement made in consideration of marriage
    Sale of goods, chattels, things in action (at least P500)
    Lease for at least 1 year/sale of real property
    Representation as to credit
    Express trust concerning immovable (See Art. 1443)

    (Defect cured by failure to object to presentation of oral evidence/acceptance of benefits)

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