LAW ON OBLIGATION AND CONTRACTS

FORM OF CONTRACTS

MODULE NO. 8

Name: PINGUL, ANGELIKA O. BSBA II-C

SELF – ASSESSMENT PROBLEMS:

1. S (seller) and B (buyer) entered into a contract of sale of a parcel of land. The sale is
embodied only in a private document and not in a public instrument because it was not
acknowledged before a notary public as required by law. Is the sale valid?

 The sale is valid and also binding although it is still executory, but only as between the
parties and not as against third persons without notice until the sale is registered in the
Registry of Property.

2. S sold his horse "X" to B under a written contract of sale. What B thought S was selling him
is horse "Y". Can S ask for the reformation of the contract against the objection of B who is
agreeable to the sale of horse "X"?

 Yes, The Instrument may be reformed on the ground of mutual mistake.