Yuji Kojima

A. Diff Kinds of Defective contracts

1. RESCISSIBLE –
valid until rescinded; has ALL essential requisites but because of injury/damage to one
of the parties, the contract may be rescinded.

2. VOIDABLE –
valid until annulled; has ALL essential requisites but because of defect in consent,
contract may be annulled.

3. UNENFORCEABLE –
cannot be sued/enforced unless ratified; no effect NOW but may take effect
upon ratification.

4. VOID –
NO effect at all; cannot be ratified/validated

B.1
Voidable - contract being voidable include coercion, undue influence, misrepresentation or
fraud.

B.2
Rescissible-
(1) Those which are entered into by guardians whenever the wards whom they represent suffer
lesion by more than one-fourth of the value of the things which are the object thereof;
(2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the
preceding number;
(3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the
claims due them;

B.3
Unenforcesable- a contract for prostitution under English law. Prostitution is not actually a crime
under English law, but both soliciting a prostitute and living off the earnings of a prostitute are
criminal offences. Yet so long as the contract is fully performed, it remains valid. However, if
either refuses to complete the bargain (either the prostitute after being paid or the payer after
receiving the services), the court will not assist the disappointed party

B.4
Void- a contract between drug dealers and buyers is a void contract simply because the terms
of the contract are illegal.

C.
There are several remedies for breach of contract, such as award of damages, specific
performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an
award of damages. Because specific performance and rescission are equitable remedies that
do not fall within the jurisdiction of the magistrate courts, they are not covered in this tutorial.