A 'voidable' contract differs from a 'void' contract in that a voidable contract:
解析
A voidable contract is a real, enforceable contract that one party has the power to disaffirm — for minority, fraud, duress, menace, undue influence or mistake, the grounds listed in Civil Code §1567 — and it stays in force until that party elects to rescind under Civil Code §1689. (b) describes a VOID contract, which has no effect from the outset, typically because its object is unlawful or impossible (Civil Code §1598, §1667). The difference matters because only a voidable contract can be ratified and then enforced. (c) states the consequence of voidness, not voidability, and misses that the party without the power to disaffirm stays bound throughout. (d) confuses voidability with the Statute of Frauds; an oral contract can be perfectly valid and a written one perfectly voidable.
法律依据: Civil Code §1567, §1598, §1667, §1689免费刷完整 1632 道题库 — 无需注册。
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
同考点相关题目
- A contract term is 'ambiguous' when:
- Under the rule of 'contra proferentem,' an ambiguous contract term is generally construed:
- In interpreting a contract that has both typed and pre-printed (form) terms that conflict, courts commonly give priority to:
- A contractor signs a contract only after the owner threatens physical harm unless the contractor signs. The contract is most likely:
- 'Undue influence' as a ground to rescind a contract typically involves:
- A mutual mistake of a material fact by both parties at the time of contracting may allow:
最近核对： · 审核流程