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    Unenforceable Contracts

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    Gola
    This document discusses unenforceable contracts under Philippine law. It provides that contracts are unenforceable if: (1) entered into without proper authority or beyond granted powers; or (2) do not comply with the Statute of Frauds requiring certain contracts to be in writing. The Statute of Frauds applies to contracts that cannot be performed in one year, promises to answer for another's debt, marriage agreements (other than to marry), sales of goods over 500 pesos, real property leases over one year, and representations of credit. Unauthorized contracts are governed by agency principles. Contracts can become enforceable if oral evidence is allowed without objection or benefits are accepted. Parent/guardian ratification can validate contracts where

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    Unenforceable Contracts

    Uploaded by

    Gola
    104 views10 pages
    This document discusses unenforceable contracts under Philippine law. It provides that contracts are unenforceable if: (1) entered into without proper authority or beyond granted powers; or (2) do not comply with the Statute of Frauds requiring certain contracts to be in writing. The Statute of Frauds applies to contracts that cannot be performed in one year, promises to answer for another's debt, marriage agreements (other than to marry), sales of goods over 500 pesos, real property leases over one year, and representations of credit. Unauthorized contracts are governed by agency principles. Contracts can become enforceable if oral evidence is allowed without objection or benefits are accepted. Parent/guardian ratification can validate contracts where

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    UNENFORCEABLE CONTRACTS

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    This document discusses unenforceable contracts under Philippine law. It provides that contracts are unenforceable if: (1) entered into without proper authority or beyond granted powers; or (2) do not comply with the Statute of Frauds requiring certain contracts to be in writing. The Statute of Frauds applies to contracts that cannot be performed in one year, promises to answer for another's debt, marriage agreements (other than to marry), sales of goods over 500 pesos, real property leases over one year, and representations of credit. Unauthorized contracts are governed by agency principles. Contracts can become enforceable if oral evidence is allowed without objection or benefits are accepted. Parent/guardian ratification can validate contracts where

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    104 views10 pages

    Unenforceable Contracts

    Uploaded by

    Gola
    This document discusses unenforceable contracts under Philippine law. It provides that contracts are unenforceable if: (1) entered into without proper authority or beyond granted powers; or (2) do not comply with the Statute of Frauds requiring certain contracts to be in writing. The Statute of Frauds applies to contracts that cannot be performed in one year, promises to answer for another's debt, marriage agreements (other than to marry), sales of goods over 500 pesos, real property leases over one year, and representations of credit. Unauthorized contracts are governed by agency principles. Contracts can become enforceable if oral evidence is allowed without objection or benefits are accepted. Parent/guardian ratification can validate contracts where

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 10

    UNENFORCEABLE

    CONTRACTS
    ARTICLE 1403

    The following contracts are


    unenforceable, unless they are ratified:

    (1) Those entered into the name of


    another person by one who has been
    given no authority or legal
    representation, or who has acted
    beyond his powers;
    (2) Those that do not comply with the Statute of
    Frauds as set forth in this number. In the following
    cases, an agreement hereafter made shall be
    unenforceable by action, unless the same, or same
    note or memorandum thereof, be in writing, and
    subscribed by the party charged, or by his agent;
    evidence, therefore, of the agreement cannot be
    received without the writing, or a secondary
    evidence of its contents:

    (a) An agreement that by its terms is not to be


    performed within a year from making thereof;
    (b) A special promise to answer for debt, default or
    miscarriage of another;

    (c) An agreement made in consideration of marriage,


    other than a mutual promise to marry;

    (d) An agreement for the sale of goods, chattels, or


    things in action, at a price not less than Five hundred
    pesos, unless the buyer accept and receive part of
    such goods and chattels, or the evidences, or some
    of them, of such things in action, or pay at the time
    some part of the purchase money:
    but when a sale is made by auction and entry is
    made by the auctioneer in his sales book, at the time
    of the sale, of the amount and kind of property sold,
    terms of sales, price, names of the purchasers and
    persons on whose account the sale is made, it is
    sufficient memorandum;
    (e) An agreement for the leasing for a longer period
    than one year, or for the sale of real property or of an
    interest therein;

    (f) A representation as to the credit of a third person.

    (3) Those were both parties are incapable of giving


    consent to a contract.
    ARTICLE 1404

    Unauthorized contracts are


    governed by article 1317 and
    the principles of Agency in
    Title X of this Book.
    ARTICLE 1405

    Contracts in fringing the Statute of


    Frauds, referred to in No. 2, article
    1403, are ratified by the failure to
    object to the presentation of oral
    evidence to prove the same, or by
    acceptance of benefits under them.
    ARTICLE 1406

    When a contract is enforceable


    under the Statute of Frauds, and a
    public document is necessary for its
    registration in the Registry of Deeds,
    the parties may avail themselves of
    the right under Article 1357.
    ARTICLE 1407

    In a contract where both parties are


    incapable of giving consent, express or implied
    ratification by the parent, or guardian, as the
    case may be, one of the contracting parties shall
    give the contract the same effect as if only one of
    them were incapacitated.
    If ratification is made by the parents or
    guardians, as the case may be , of both
    contracting parties, the contract shall be
    validated from the inception.
    ARTICLE 1408

    Unenforceable contracts can not be


    assailed by third persons.

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