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Defective Contracts

 A contract that is valid.


 A contract that is binding.
 A contract that is enforceable.
Rescissible Contracts  Considered as a defective
contract because it causes
damage to third parties.
 Ratifiable. (To confirm of
something)
 Recession can be made to avoid
payment for damages.
 Article 1381 talks more about this
kind of defective contract.
 A contract that is valid.
 A contract that is binding.
 A contract that is enforceable.
 Considered as a defective
contract because the consent
that makes the contract is
defective.
Voidable Contracts  Ratifiable.
 Annulment can be made to avoid
payment for damages.
 A contract is voidable if one of the
parties is incapable of giving
consent.
 A contract is voidable if one or
more of the vices of consent is
present. (Violence, Intimidation,
Mistake, Fraud, and Undue
Influence.)
 Article 1390 talks more about this
kind of defective contract.
 A contract that is valid.
 A contract that is non-binding.
 A contract that is non-
enforceable.
 Considered as a defective
Unenforceable Contracts contract because there is no form
in the contract which makes it
lacks authority.
 Ratifiable.
 Article 1403 talks more about this
kind of defective contract.
 A contract is unenforceable if it is
an unauthorized contract,
transactions to be made are
under fraud, and if both parties
can’t perform what is said in the
contract.
 A contract that is not valid.
 A contract that is non-binding.
 A contract that is non-
enforceable.
 Considered as a defective
contract because there is/are
Void Contracts missing element/s that is
essential in the contract.
 Non-ratifiable.
 Article 1409 talks more about this
kind of defective contract.
 The parties in this kind of contract
cannot ask for remedy, take each
other to court and ask for
damages, and request the other
party to do, to give, or not to do
since the contract from the start
is null and void.
I AM MARK DORIAS

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