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Case Analysis on Chapter 8
Unenforceable Contracts
Dela Rea, Kimmi F.
Mapua Institute of TechnologySchool of Electrical, Electronics and Computer Engineering
Muralla St. Intramuros, Manila
This paper is a Case Analysis on Chapter 8 –
Unenforceable Contracts. The problems assigned to
Group 9 are in the following:
roblem !
"# an insane person# entered into a contract with
$# a minor. %hat is the effect of ratification&
'a( )y either* and
'b( )y both# after becoming incapacitated
roblem +
,'debtor( owes C 'creditor( !-#---. T 'third
person( orally promised to assume the obligation to ,. Can
the promise of T be proed by the testimony of a witness
who was present when T made the same&
ARTICLES RELATED ON THE PROBLEMS
Article !/-0
The following contracts are unenforceale! unless
the" are ratifie#$
%&' Those entere# into the na(e of another )erson " onewho has een gi*en no authorit" or legal
re)resentation! or who has acte# e"on# his )owers+
%,' Those that #o not co()l" with the Statute of -rau#s
as set forth in this nu(er. In the following cases! anagree(ent hereafter (a#e shall e unenforceale "
action! unless the sa(e! or so(e note to
(e(oran#u( thereof! e in writing! an# suscrie#
" the )art" charge#! or " his agent+ e*i#ence!therefore! of the agree(ent cannot e recei*e#
without the writing! or a secon#ar" e*i#ence of its
contents$
a. An agree(ent that " its ter(s is not to e )erfor(e# within a "ear fro( the (a/ing
thereof+
. A s)ecial )ro(ise to answer for the #et!
#efault! or (iscarriage of another+c. An agree(ent (a#e in consi#eration of
(arriage! other than (utual )ro(ise to
(arr"+#. An agree(ent for the sale of goo#s! chattels!
or things in action! at a )rice not less than
-i*e hun#re# )esos! of such goo#s an#
chattels! or the e*i#ences! or so(e of the(!
of such things in action! or )a" at the ti(eso(e )art of the )urchase (one"+ ut when
a sale is (a#e " auction an# entr" is (a#e
" the auctioneer in his sales oo/! at the
ti(e of the sale! of the a(ount an# /in# of )ro)ert" sol#! ter(s of sale! )rice! na(es of
the )urchasers an# )ersons on whose
account the sale is (a#e! it is sufficient
(e(oran#u(+e. An agree(ent for the leasing for a longer
)erio# than one "ear! or for the sale of real
)ro)ert" or of an interest therein+
f. A )resentation as to the cre#it of a thir# )erson.
%0' Those where oth )arties are inca)ale of gi*ing
consent to a contract.
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Article !/-8
1nenforceale contracts cannot e assaile# " thir#
)erson.
PROBLEMS 2ITH ANS2ERS
roblem !
"# an insane person# entered into a contract with
$# a minor. %hat is the effect of ratification&
'a( )y either* and
'b( )y both# after becoming incapacitated
%a' 2ith either the insane )erson with the (inor! the
ratification will not ta/e effect ecause oth )arties
are inca)ale of gi*ing. It was state# in Article &340! )aar. 0 that those )arties are inca)ale of gi*ing
consent of contract are unenforceale.
%' After eco(ing inca)acitate#! it will also fall un#er
Article &340 )ar. 0 that oth )arties are inca)ale of gi*ing. Both )arties to a contract are inca)ale of
gi*ing consent! the contract in unforceale.
roblem +
,'debtor( owes C 'creditor( !-#---. T 'third
person( orally promised to assume the obligation to ,. Can
the promise of T be proed by the testimony of a witness
who was present when T made the same&
5No! ecause T cannot assail the contract etween D
an# C for eing unenforceale un#er the Statute of -rau#s. T
is a stranger to the contract. T can neither assail a contract
ecause of its unenforceailit". It was state# in Article &346!unenforceale contracts cannot e assaile# " thir# )erson.
Thir# )erson