Law 5110 Study Guide - Quiz Guide: In Pari Delicto, Specific Performance, Teddy Bear
Document Summary
The effect of a prohibited contract; recovery of money or goods. In pari delicto rule ( in equal fault") = in a case where both parties have concluded an illegal contract, they cannot recover anything. However, if one party seems to be more at fault, the other party can claim for restitution (1) the extent to which both parties were at fault (2) purpose of the rule. Duty to ask questions, pregnant lady buying a product has the duty to ask questions to the pharmacist about side effects of the product. Primary remedy creditor can go to court and force the debtor to perform in. Creditor is allowed to ask for monetary compensation. The creditor can ask for specific performance immediately thus when there has not been a date specified for specific performance = within a reasonable time. Contracts are regarded as a moral device: promises must be kept.
