Name: Pamandanan, Angielyn A.

Group #: 10
Comparison among Defective Contracts

Rescissible Voidable Unenforceable Void

What is the defect? Damage, injury or any Vices of consent Both parties’ lack of Apparent lack of
economic prejudice form, authority or essential components
to the contracting competence incurable or illegality
party or a third person by prescription.

Entered into in behalf

of another person
without authority or in
excess thereof

Non-compliance with
the Statue of Frauds

Incapacity of both
contractual parties to
grant assent.

What is its legal It is valid and effective They are valid and Cannot be enforced in As a general rule,
effect? until rescinded enforceable until they court until properly there is no legal effect
are overturned by a committed except void
court of competent marriages.
jurisdiction. Ineffective unless
ratified

Does it prescribed? Prescription action An annulment action Appropriate action for No prescription for a
can be supplied or defense of recovery if the nullity declaration,
annulability may be unenforceable inexistence, or
Name: Pamandanan, Angielyn A.
Group #: 10
prescribed. contract was fully or defense of nullity
partially performed

Can it be cured? Can be remedied with Can be treated with a Actions for recovery, Cannot be remedied
a prescription prescription particular by prescription
performance, or
Rescission action is Action for annulment damages for breach An action for
prescribed after four requires four years of contract are also declaration of nullity
years prescribed. There is or the filing of a
no set time limit: it defense of contract
might be 10 years if nullity does not
the action is based on prescribe
a written contract, or
6 years if it is based
on an unwritten
contract.

Can it be ratified? The ratification Capable of ratification Potential of ratification Cannot be ratified
procedure is not
applicable.

Who can assailed? Either by one of the Only a contracting Contracting parties Contractual parties,
contracting parties or party- the person who ONLY as well as a third
by a third party who is is substantially or party whose interests
harmed or defrauded subordinately are directly affected
as a result of the obligated under the
contract contract

Exception: a third
person who is
Name: Pamandanan, Angielyn A.
Group #: 10
prejudiced

Can it be assailed It can only be Can be addressed May be assailed both Can be assailed both
directly or assailed directly both directly and directly and indirectly directly
collaterally? indirectly if direct and collaterally
action is required in Indirect attack in the
the complaint or as a form of a defense is
counter claim permitted.