UNENFORCEABLE CONTRACT

UNENFORCEABLE CONTRACT – valid but cannot compel its execution unless ratified; extrinsic defect; produce legal efefcts only after ratified

KINDS/VARIETIES:

1. Unauthorized/No sufficient authority – entered into in the name of another when:

a. no authority conferred

b. in excess of authority conferred ( ultra vires )

Note: Curable by RATIFICATION

2. Both parties incapable of giving consent -2 minor or 2 insane persons

Note: Curable by ACKNOWLEDGEMENT

3. Failure to comply with Statute of Frauds

a. Agreement to be performed within a year after making contract

b. Special promise to answer for debt, default or miscarriage of another

c. Agreement made in consideration of promise to marry

d. Agreement for sale of goods, chattels or things in action at price not less than 500; exception: auction when recorded sale in sales book

e. Agreement for lease of property for more than 1 year & sale of real property regardless of price

f. Representation as to credit of another

2 WAYS OF CURING UNENFORCEABLE CONTRACTS:

1. Failure of defendant to object in time, to the presentation of parole evidence in court, the defect of unenforceability is cured

2. Acceptance of benefits under the contract. If there is performance in either part and there is acceptance of performance, it takes it out of unenforceable contracts; also estoppel sets in by accepting performance, the defect is waived

i Made a mutual divorce agreement which states that
1. me and my husband does not have anything to do with each other anymore.
2. He promise to support our son with 35% of his income.

i signed it in taw-tawi also signed by a friend as witness. my husband was not present when that was made since he lives in cagayan de oro. He did not furnish me with a copy of the document with his signature.

my dilemma is this, can i file a concubinage case against him? is the document admissible in court? no counsel was present when that document was made. Pls help me.