Defective Contracts

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John Ray Egualan

Law 1
Make the following defective contracts:

1. Rescissible - those validly entered into by the contracting parties, but because of
them resulting to economic damage or lesion to one of the parties or a third person, OR
for having been entered into in fraud of creditors, OR without knowledge and approval
of judicial authority having custodia legist over the property involved, OR for being
specially declared by law as rescissible may, for equitable reasons, be rescinded or set
aside by the court.
Example situation if i agree to let you store goods in my warehouse and you agree to
pay me money monthly. Then a hurricane destroys the warehouse.

2. Voidable - An agreement which has all the essential elements of a contract is called
a valid contract. A valid contract can be enforced by law.
Example one is involving a minor. Minors can enter into contracts, but they can also
decide to breach the terms without legal repercussions.

3. Unenforceable - A ‘unenforceable’ contract usually means a “mere” agreement f or


agreements to become contracts additional elements are necessary such as contractual
capacity, intention to be bound, legality, possibility and in some contract’s formalities
and in some jurisdiction’s consideration.
Example Fraud in the inducement to contract is a reason that the contract would be
void and unenforceable.

4. Void - are lack of capacity or an illegal subject of the contract.


Example there is any legal act stated in the contract in order to make the contract valid
that would make the contract voidable.

5. Valid - A valid contract is one that clearly shows the purpose of the agreement, and
has all elements of a binding agreement: offer and acceptance, consideration, mutual
assent, and entered into by competent parties for a legal purpose.
Example you sign to buy a blue house, and the house is blue; thus, the contract is
valid.

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