Obligations+and+Contracts.printable

To to see this delicto rule if purpose has not yet

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Unformatted text preview: e. The law will leave you where you are i. Both shall be prosecuted j. Thing/price to be confiscated in favor of government a. No action for specific performance b. Innocent party is entitled to restitution c. Guilty party is not entitled to restitution d. Guilty party will be prosecuted e. Instrument of crime will be confiscated in favor of gov’t. a. No action for specific performance b. No action for restitution on either side. The law will leave you where you are c. No confiscation a. No action for specific performance b. Innocent party is entitled to restitution c. Guilty party is not entitled to restitution KINDS OF ILLEGAL CONTRACTS PARI DELICTO DOCTRINE • Both parties are guilty, no action against each other; those who come in equity must come with clean hands; applies only to illegal contracts and not to inexistent contracts; does not apply when a QuickTime™ and a superior public(Uncompressed) decompressor policy intervenes TIFF • EXCEPTION are neededPARI picture. TO to see this DELICTO RULE - If purpose has not yet been accomplished and If damage has not been caused to any 3rd person OTHER EXCEPTIONS: a. Payment of Usurious interest b. payment of money or delivery of property for an illegal purpose, where the party who paid or delivered repudiates the contract before the purpose has been accomplished, or before any damage has been caused to a 3rd person c. payment of money or delivery of property made by an incapacitated person d. agreement or contract which is not illegal per se and the prohibition is esigned for the protection of the plaintiff e. payment of any amount in excess of the maximum price of any article or commodity fixed by law or regulation by competent authority f. contract whereby a laborer undertakes to work longer than the maximum number of hours fixed by law g. one who lost in gambling because of fraudulent schemes practiced on him is allowed to recover his losses (Art. 313 RPC) even if gambling is prohibited. REQUISITES OF ILLEGAL CONTRACTS: a. Contract is for an illegal purpose b. Contract must be repudiated by...
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