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Luna, Joane Law
Luna, Joane Law
Luna, Joane Law
44. Discuss different voidable contracts and the recourse of the aggrieved party.
A voidable contract is a formal agreement between two parties that may be rendered
unenforceable for any number of legal reasons, which may include:
Failure by one or both parties to disclose a material fact
A mistake, misrepresentation, or fraud
Undue influence or duress
One party's legal incapacity to enter a contract (e.g., a minor)
One or more terms that are unconscionable
A breach of contract
45. Discuss the different unenforceable contracts and the reason for unenforceability.
An unenforceable contract is a written or oral agreement that will not be enforced by courts.
Contracts may be unenforceable because of their subject matter, because one party to the
agreement unfairly took advantage of the other party, or because there is not enough proof
of the agreement. The following contracts are unenforceable, unless they are ratified:
Those entered into in the name of another person by one who has been given no
authority or legal representation, or who has acted beyond his powers;
Those that do not comply with the Statute of Frauds as set forth in this number.
46. Discuss void or inexistent contracts.
Inexistent and void contracts cannot be ratified neither can the right to set up the defense of
illegality be waived, they are the following:
Those whose cause, object or purpose is contrary to law, morals, good customs, public
order or public policy;
Those which are absolutely simulated or fictitious;
Those whose cause or object did not exist at the time of the transaction;
Those whose object is outside the commerce of men;
Those which contemplate an impossible service;
Those where the intention of the parties relative to the principal object of the contract
cannot be ascertained