Page 62 - Obligations & Contracts Module 1-2

KINDS OF VOID CONTRACT:

(c) Those whose object is outside the commerce of man – no object

(d) Those w/c contemplate an impossible service – no object

(e) Those w/c intention of parties relative to contracts’ principal object cannot be determined

2) Prohibited by law

(f) Those expressly prohibited or declared void by law - Contracts w/c violate any legal

provision, whether it amounts to a crime or not

3) Illegal/Illicit ones – Those whose cause, object or purpose is contrary to law, morals, good

customs, public order or public policy e.g. Contract to sell marijuana

KINDS OF ILLEGAL CONTRACT DOES NOT CONSTITUTE CRIMINAL
CONTRACTS CONTRACT CONSTITUTE CRIMINAL OFFENSE OFFENSE BUT IS ILLEGAL OR UNLAWFUL PER SE

No action for specific performance No action for specific performance

Parties are in No action for restitution on either side. The law will No action for restitution on either side. The law will leave
leave you where you are
“pari delicto” Both shall be prosecuted you where you are
Thing/price to be confiscated in favor of government No confiscation

No action for specific performance

Innocent party is entitled to restitution No action for specific performance
Only one party is guilty Guilty party is not entitled to restitution Innocent party is entitled to restitution
Guilty party will be prosecuted Guilty party is not entitled to restitution

Instrument of crime will be