Professional Documents
Culture Documents
ECE Laws Obligations and Contracts
ECE Laws Obligations and Contracts
Assignment:
7. May the validity or compliance of a contract be left to the will of one of the
contracting parties? Why?
16. M offered to trade his sawmill for some tractors of L Company. Upon receipt of the
offer, the manager of the L Company replied that the company was” willing to the
proposition” and he advised M to see the property officer of the
Company for a possible arrangement. Is there a perfect contract of barter as to entitle
M to demand specific performance? Reasons.
18. Arturo offered to sell to Bent a parcel of land, the offer to remain open until March
5, 1966; Arturo notified Benito that he withdrew his offer. Nevertheless, on March 2,
1966, Benito tendered the purchase money, which Arturo refused to accept. Can Benito
compel Arturo to sell the land? Why?
20. X, in Legaspi, wrote Y, in Manila, offering certain goods for sale at a certain price. Y
wrote a letter to X accepting the offer and sent it through the mail. Before X received the
letter, he received a telegram from Y stating that he withdrew the acceptance. Was a
valid contract made? Reasons.
26. What kind of violence will invalidate consent? How about threat or intimidation?
30. What is the effect on the contract where both parties are guilty of fraud?
33. What kind of rights may be the subject matter of contracts? Give example.
39. Does illegality of motive affect the validity of a contract? How about illegality of
consideration?
What is a reformation?
52. A young man, 20 years and 11 months of age who looked 25 years of age,
misrepresented himself to be over 21 and made a contract which was not a “necessary”
for which he would be liable. Can such young man ask for annulment of the contract on
the ground of legal incapacity? Reason.
53. Who may file an action for annulment of a voidable contract?
54. X, a married minor, sells a piece of land belonging to him without the intervention or
consent of his parent. Is the contract void, voidable, and valid or rescissible? Why?
56. A sold with right to repurchase certain property. The purchase price was
inadequate. After reaching his legal age, the vendor sold to the same purchaser his
right of redemption for a reasonable value. State what right of action the vendor has if
he has any, based upon the fact that when the first sale took place he was a minor.
Give reasons.
57. State whether a contract between Amador and Basilio is valid, voidable or void in
each of the following cases, in each case assuming consideration, legality of subject-
matter, legal capacity to contract, and complete compliance with the Statute of Frauds.
59. What contracts are enforceable by action unless they are in writing and signed by
the person sought to be charged or his agent?
61. What will constitute a sufficient memorandum under the Statute of Frauds?
63. X claims that Y fraudulently misrepresented a material fact and thereby fraudulently
induced X to make a certain contract. Can X rely upon the Statute of Frauds in support
of his claim? Why?
64.. Andres met Benito and said to him, “For how much will you sell me 100 cavans of
pallet?” Benito replied, “At 12.00 pesos a cavan cash upon delivery.” Andres said, “All
right I accept, deliver the pallet to my warehouse tomorrow morning.” The next day the
price of palay dropped to 10.00 pesos a cavan. And when Benito offered delivery the
next morning, Andres refused to accept and pay. Can Benito compel Andres to accept
delivery and pay if the latter denies the contract? Why?
65. Amado borrowed 2,000 pesos from Benigno. He agreed to repay the whole
amount in one payment after two years. The agreement was oral. After two years when
Benigno demanded for payment, Amado refused to pay. Can Amado avail himself of the
Statute of Frauds as a defense? Reasons.
68. Discuss briefly the effects of void contracts upon the parties.
69. Two persons entered into a contract of lease of services under the express
stipulation that all questions arising in the performance of the contract shall be
submitted to a board of three arbitrators whose decision shall be conclusive and binding
upon the parties without any recourse by any of them to the
70. Y company purchased a competitor, X, with the stipulation that X should thereafter
not engage in any business in the Philippines without the consent of Y company. Is the
stipulation valid? Why?
_______________________________