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Pearl Princess M.

Legaspi BSA-2

1.

a) There is a perfected contract in this case because the buyer agreed to buy the automobile
and the seller accepted the buyer’s offer. There was a meeting of minds between both
parties.
b) The promise to pay made by Violy is conditional because the fulfillment of her obligation
depends on an uncertain event to happen which is upon the arrival of the steamer.
c) Merle cannot compel Violy to pay the purchase price and to accept the automobile because
the contract was subject to a condition that the payment is upon the arrival of the steamer.
But the steamer never arrived because of the typhoon so the payment of Violy that
depended on that is not fulfilled. Therefore, Violy is not obligated to pay and accept the
automobile.

2. The action to null the deed of sale will still prosper. The agreement of both parties at the
execution of the contract was that the deed of sale will be ipso facto be no effect upon the buyer’s
failure to pay on maturity. Even though B tendered payment before the action was filed, the payment
was still after the stipulated date. A will still have the right to null the contract.

3. The sale executed verbally by X and Y is not valid and binding. Article 1403(2) of the Civil
Code mandates that contracts for the sale of real property or an interest therein must be in writing
to be enforceable, a provision known as the Statute of Frauds. Therefore, since the sale of one-half of
the parcel of land from A and B to X was executed verbally, it fails to meet the requirement under the
Statute of Frauds.

4. 1. When A died in 1954, B lost the right to sell the land. A's death ended B's permission to
sell the land.

2. C's purchase was not registered, whereas D registered the sale with B's authority
annotated on the Original Certificate of Title. Assuming B still had the authority to sell the land, D
would likely have a better right over the land compared to C due to the registration of the sale and
the annotation of B's authority on the title.

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