Page 53 - Obligations & Contracts Module 1-2
P. 53
*CAUSA – reason why parties enter into contract
ABSENCE OF CAUSA VOID - produce no legal effect
ILLEGALITY OF CAUSA VOID - produce no legal effect
FALSITY OF CAUSA VOIDABLE – party must prove that cause is untruthful;
presumption of validity but rebuttable
CAUSA NOT STATED IN CONTRACT PRESUMED TO EXIST - burden of proof is on the person
INADEQUACY OF CAUSA DOES NOT INVALIDATE CONTRACT PER SE
Exceptions:
1. fraud
2. mistake
3. undue influence
4. cases specified by law
- contracts entered when ward suffers lesion of more than
25%