Obligations and Contracts - Finals

This are the reconstructed questions asked in my final exams in OBLICON under Atty. Jose Ortiz, Jr.

I. A, B, C, D and E agreed to be solidarily indebted to X in the amount of P50,000. X demanded payment from A. A rejected the payment on the
grounds of:

a. B was 15 years old at the time of the perfection of the contract

b. C debt was condoned by X

c. D was insane at the time of the perfection of the contract

d. E debt was extended by X for 6 months without the consent of his co-debtors

Give the effect of the following defenses of A, if they were found to be true.

II. Sabit owed Patong P10,000. It was agreed that Sabit may give his typewriter, his refrigerator or his ring in December 1, 2001 to satisfy the
debt. It was expressly stated that Sabit may give it in lieu of the P10,000. In March 1, 2001, typewriter was deliberately destroyed by Sabit. In
April 1, 2001, the refrigerator was destroyed by fire. In November 1, 2001, armed robbers stole the ring. Sabit claims the obligation is
extinguished. Decide.

III. Erap and GMA are close friends. In view of theior friendship, GMA owe Erap P1 million payable when her means permit. The friendship
grew sour, and Erap wanted to demand payment. As legal counsel, what remedy would you advise Erap?

IV. Pedro sent as telegram to Maria, March 1, 2001, which is an offer to buy a land for P100,000. It was received by Maria on March 2 at 1:00
PM. She sent her acceptance to Pedro and was received at 5:00 PM. But at 2:00 PM, Pedro withdrew his offer, sent it via telegram, and was
received 4:00 PM. Decide.

V.Lana Puri owns a house at Q.C. and rents it to Dina Virginia, without written contract for 2 years at P8,000/month. In January 1, 2001, Lana
offered to sell the leased premises orally to Dina for P10 million, within 90 days from January 1, 2001. Dina gave P100 as option money.

Before the end of the 90 day period, Dina went to Lana to purchase the said premises. But Lana did not want to sell the said property on ground
that Mann Y. Akiss had offered t purchase the leased premises for P15 million. Dina sued to compel Lana to accept the money and execute the
necessary deed of sale. Lana alleged the following:

a. That there was no perfected contract of sale.

b. That the option is unenforceable under Article 1403 of the Civil Code.

c. That the option money is insufficient.

Objectives

1. Distinguish motive from cause.

2. Distinguish voidable and rescissible contracts.

3. What is liberty of contracts? Is it absolute? Why?

4. When is there fraud?

5. Distinguish rescission as a remedy in Article 1191 from Article 128?