- Strictly comply with all the legal requirements/elements
- Entered into during a lucid interval - Relative simulated contracts that do not prejudice a third person AND not intended for purposes contrary to law, morals, etc. - Divisible contracts -
Rescissible Contracts
- Valid until rescinded
- Economic/financial injury or damage to contracting party OR 3 rd person o Lesion by more than ¼ of the value of the object against Ward by guardian Absentee by representative o In fraud of creditors o Entered into by defendant over objects under litigation without knowledge/approval of litigants/competent judicial authority o Other contracts declared by law to be subject to such o Payments made -
Voidable Contracts
- Valid until annulled
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- -
UNENFORCEABLE CONTRACT
- Cannot be enforced by court action, unless ratified
- Statute of Fraud – fully executory contracts; but if fully executed or partly executed, Statute of Frauds not applicable -
VOID CONTRACTS
- Do not produce any effect
- One or some of the essential reqs are lacking in fact or in law o Cause, object, purpose contrary to law, morals, public policy, etc o Absolutely simulated/fictitious contract o Cause or object inexistent at the time of the transaction o Object outside commerce of man o Contemplate impossible service o Intention of the parties as to principal cannot be ascertained o Expressly declared by law as void - Not susceptible of ratification - Right of action or defense cannot be waived AND does not prescribe - May be assailed NOT only by a contracting party but even by a 3 rd party whose interest is directly affected
A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips