help me! Law Students/Grads...

[_ania_]

pls help me with this..

can you cite some of your own examples of the 4 defective contracts:


1.Rescissible contracts
2. voidable contracts
3. unenforceable contracts
4. void or inexistent contracts

thanks in advance!:)

[demented_guy]

I'm not a lawyer but I think I could give some.

Voidable contract

A, minor, promised to give his car to B tomorrow. (It is voidable since one party is incapacitated to contract --- A being a minor. It is valid until annulled)

Unenforceable

A, minor, sold the land of B to X without authorization. (It is unenforceable since A was not authorized. B can just ignore the contract or he can ratify it. Unenforceable contract is also called a validable contract)

S sold his radio for 1000 pesos orally to B. No payment and delivery were made. Is the contract valid? YES. Is the contract enforceable? NO. This is covered by the Statute of Frauds that states that a sale of personal property for more than 500 pesos should be put into writing to become enforceable.

The Statute only applies to executory contracts or those contracts that are yet to be executed, partially or totally. So if B already paid S the selling price, the contract becomes valid AND enforceable as there was partial execution. Therefore, B can compel S to deliver the radio to him.

Void ab initio

A promised to give B one million pesos if A would kill X. (A contract is void or inexistent if it's contrary to law, morals, public policy, etc. It is not subject to any ratification.)

Rescissible

G is the guardian of M. M owns a land with a fair market value of one million pesos. G sold the land to X for 600000 pesos. Therefore, M suffered a lesion of more than 1/4 the value of the land (1M * 1/4 = 250000). But the contract cannot be rescinded if X acted in good faith so as not to prejudice his right.

[ice n friez]

^ yes naman ready ng mag-board ;)

[kungpow]

tamad gumawa ng sariling assignment ang threadstartera ata hehehe

[flsfnoeraekadad]

^ yes naman ready ng mag-board ;)
Top 1 material yan! Haha.

[_ania_]

I'm not a lawyer but I think I could give some.

Voidable contract

A, minor, promised to give his car to B tomorrow. (It is voidable since one party is incapacitated to contract --- A being a minor. It is valid until annulled)

Unenforceable

A, minor, sold the land of B to X without authorization. (It is unenforceable since A was not authorized. B can just ignore the contract or he can ratify it. Unenforceable contract is also called a validable contract)

S sold his radio for 1000 pesos orally to B. No payment and delivery were made. Is the contract valid? YES. Is the contract enforceable? NO. This is covered by the Statute of Frauds that states that a sale of personal property for more than 500 pesos should be put into writing to become enforceable.

The Statute only applies to executory contracts or those contracts that are yet to be executed, partially or totally. So if B already paid S the selling price, the contract becomes valid AND enforceable as there was partial execution. Therefore, B can compel S to deliver the radio to him.

Void ab initio

A promised to give B one million pesos if A would kill X. (A contract is void or inexistent if it's contrary to law, morals, public policy, etc. It is not subject to any ratification.)

Rescissible

G is the guardian of M. M owns a land with a fair market value of one million pesos. G sold the land to X for 600000 pesos. Therefore, M suffered a lesion of more than 1/4 the value of the land (1M * 1/4 = 250000). But the contract cannot be rescinded if X acted in good faith so as not to prejudice his right.

THANKS PO!!!