DLSU Oblicon

Remedies
[Follow the Outline]

Part One
Modified True or False. Consider the statement true only when it is absolutely true.
Explain ALL your answers.

Part Two
Multiple Choice. Choose the best answer.

Part Three
Give direct and concise but complete answers.
Cite authorities, if any.

1. Distinguish rescission under Article 1191 from rescission under Article 1383 as to the
nature of the remedy.

2. Under 1191, if fulfillment was invoked by the injured, may he thereafter still be allowed
to invoke rescission?

3. In relation to a Contract to Sell, will an action for rescission under Article 1191 prosper if
the Seller filed the action because of the failure of the buyer to fulfill the conditions?

4. Paterno bought a parcel of land for P10 Million from Martin payable in equal monthly
installments for a period of ten (10) years. After 8 years, Paterno failed to pay several
installments. If Martin files an action for rescission, will it prosper?

5. A bound himself to deliver to B a 21-inch 1983 model TV set, and the 13 cubic feet White
Westinghouse refrigerator, with Motor No. WERT-385, which B saw in A’s store, and to
repair B’s piano. A did none of these things.
May the court compel A to deliver the TV set and the refrigerator and repair the piano?
Why? If not, what relief may the court grant B? Why?