Question

1.   S offered to sell his house and lot to B for P2,000,000, who was interested...

1.   S offered to sell his house and lot to B for P2,000,000, who was interested in buying the same. In his letter, S stated that he was giving B a period of one-month within which to raise the amount. One week before the expiration of the one-month period. S told B that he is no longer willing to sell the property unless the price is increased to P3,000,000.

May B compel S to accept the P2,000,000 first offered? Explain.


2.   D died leaving property estimated at P1,000,000 to his sons S and T. Subsequently, S sold one-half of his inheritance to X for P300,000, although his share was still to be delivered.

Is the contract valid? Explain.


3.   S sold his only car for P100,000 to B. Unknown to S, B bought the car from him so that he could use the same in a bank robbery.

What is the status of the sale of the car by S to B? Explain.


4.   D and C entered into a contract wherein D agreed to give to C P50,000 within 30 days from the date of the execution of their agreement, which, however, does not state the consideration received by D from C.

What is the status of the contract between D and C? Explain.


5.   On June 1, 2019, S offered to sell his only car to B for P100,000. B accepted the offer by mailing his letter of acceptance on June 10, 2019. On June 12, 2019, B revoked his previous acceptance and mailed his letter of revocation on the same date. S received the letter of acceptance on June 14, 2019 and the letter of revocation on June 15, 2019.

Was the contract perfected? Explain.

Homework Answers

Answer #1

1) Since, the first offer given by S to sell his house and lot to B for P2,000,000 have been revoked by him. B cannot compel S to accept the offer for P2,000,000.
As S has given the period of one month and the B have accepted the conditions of the same, the counter could have accepted by B.

2) The Property which was not in name of someone cannot be sold or tranferred to other person.
In the given case, Since D has died his property of P1,000,000 is sold by S one half of his inheritance to X for P3,000,000.
So the made contract is Invalid.

3) Since the contract made between S and B is made related to the sale of car not related to use of the car. The said contract is valid between the two. The car bought by B used for robbery is of no relevance related to contract.
So, the said contract is Valid.

4) Since, D have agreed to give to C P50,000 within 30 days within the execution of agreement. The said contract would be valid if C has accepted the agreement and conditions on the same.
So, the contract is Valid between the two.

5) Fact: S offereed to sell his car to B for P100,000,
B accepted the offer by mailing on June 10, 2019
B revoked the acceptance on June 12, 2019.
S recieved the letter of acceptance on June 14, 2019. and letter of revocation on June 15,2019.
The contract will be valid, if the letter of acceptance recieved early than the revocation by the offeree.
In this case, S recieved the acceptance letter before the revocation letter made by B.
So, the said is valid and equally executed by B to S.

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