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5 Cards in this Set

  • Front
  • Back

Voidable Contracts

1. Those where 1 party is incapable of giving consent


2. When consent is vitiated by:


i. Mistake (Substance, Quali & Quanti, Qualifications)


ii. Violence


iii. Intimidation


iv. Undue Influence


v. Fraud (dolo causante)

Unenforceable Contracts

1. Those entered in the name of another w/o authority or in excess of authority


2. Statute of Fraud


3. Both parties are incapable of giving consent

Statute of Frauds

1. Sale or Real Property


2. Sale of Personal prop 500 & above (≥500)


3. Payment of Interest


4. Guarantee


5. Those other than marry


6. Lease more than 1 year (≥1yr)


7. Involve doing something for more 1 year (≥1yr)

Void Contracts

1. Those obj,cause,purp is against law, morals


2. Those obj or purpose did not exist @ time of trans


3. Object is outside the commerce of man


4. Constitute impossible service


5. Expressly prohibited by law


6. Where relation of parties to principal obj cannot be ascertained


7. Absolutely fictitious contracts

Rescissible

1. Missing person


2. Guardian/administrator


3. Those entered to defraud the creditor


4. Defendant sells the obj of ligitation w/o court approval or knowledge of the plantiff


5. Rescissible by law