A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable

A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.[35] In determining whether consent is vitiated by any of the circumstances mentioned, courts are given a wide latitude in weighing the facts or circumstances in a given case and in deciding in their favor what they believe to have actually occurred, considering the age, physical infirmity, intelligence, relationship, and the conduct of the parties at the time of the making of the contract and subsequent thereto, irrespective of whether the contract is in public or private writing.[36] And, in order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or those conditions which have principally moved one or both parties to enter the contract.[37]

 http://sc.judiciary.gov.ph/jurisprudence/2011/march2011/158576.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Obligations and Contracts and tagged . Bookmark the permalink.

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