Question: Explain ing unless there's execution or another exception. A. Form required for validity (must be in the required form or it's void) EXAMPLE: Interest on
Explain
ing unless there's execution or another exception. A. Form required for validity (must be in the required form or it's void) EXAMPLE: Interest on a loan: L lends P50,000 to B. They agree orally to 8% interest. Result: Interest is not validly stipulated; interest must be "expressly stipulated in writing." Only the principal is due. B. Form required for enforceability/proof (writing needed to sue on it; otherwise, unenforceable) EXAMPLE: Sale of goods (covered by Statute of Frauds): S and B orally agree that in two months $ will deliver appliances worth P200,000 and B will then pay. Before any delivery, B backs out. Without a signed writing, S cannot enforce the wholly executory oral contract in court. Same scenario, but with part performance: S delivers part of the appliances and B accepts them. Result: To the extent of goods delivered and accepted, the contract is enforceable despite the lack of a writing (execution cures enforceability in that part)Step by Step Solution
There are 3 Steps involved in it
1 Expert Approved Answer
Step: 1 Unlock
Question Has Been Solved by an Expert!
Get step-by-step solutions from verified subject matter experts
Step: 2 Unlock
Step: 3 Unlock
