Question

6.   A donated his land to B. Before the time he made the donation, he had...

6.   A donated his land to B. Before the time he made the donation, he had several debts, but he did not reserve enough property to pay all these debts. Instead, he made the donation.

Is the donation presumed fraudulent? Explain.

7.   P appointed A as his agent to sell P's only Honda Civic car for P800,000 cash. On November 7, 2019, A pursuant to the authority granted to him by P, offered to sell the car to B at the price of P800,000. B accepted the offer on November 8, 2019 by sending a letter of acceptance to A, which letter of acceptance was received by A on November 9, 2019. On November 10, 2019, A informed P that B had accepted the offer.

When was the contract perfected? Explain.

8.   On July 1, 2019, S offered to sell his only Mercedes Benz car for P1,000,000 to B who was interested in buying the same. In his letter to B, S stated that he was giving B up to July 31, 2019 to make up his mind whether to buy the car or not. On July 25, 2019, S personally went to B to inform him that he was no longer willing to sell the car unless the price was increased to P1,400,000 because another buyer was interested in buying the car for the said amount of P1,400,000.

Can S validly withdraw his offer to B? Explain.

9.   D borrowed P500,000 from C. D died without having paid his loan obligation to C He left S, his son and heir, property worth P400,000.

Is S liable to C? If yes, how much? Explain.

10.   To defraud his creditors, D sold his real property to S.

Before the sale is rescinded, is the sale valid? Explain.

Homework Answers

Answer #1

6)Yes, donation is presumed to be fraudulent

Because before he made the donation he had several debts.

Even though he Did not reserve enough property to pay all debts he should pay proportionate debt

7)As per The Indian contract Act 1978,Acceptance in sec2(b) as 'when the person to whom the proposal has been made signifies his assent

Therefore November 8,2019 is the contract date

8) An offer may be revoked by the offered by giving a notice of revocation to the other party before it is accepted

Therefore S can validly withdraw his offer with B

9)Yes, s is liable upto p400000

10)The sale is invalid

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