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Brian and Jose are friends.

One day, Brian went to Jose’s second-hand clothes shop


(Ukay Ukay) in order to buy some clothes. Since Jose was very happy to see Brian,
Jose whispered to Brian that he will give Brian the clothes for free. However, Jose
cannot do so since his (Jose) mother was still there. So the both of them agreed that
Jose will pretend to receive payment from Brian, but will later on return the money to
Brian in the parking lot. After Brian picked the clothes that he likes, he pretended to
hand out the money to Jose, and left. After 5 minutes, Jose went to the parking lot to
return the money to Brian.

What can you say about this contract?


Is there a contract between them?

Shaina is a famous celebrity. She is a top model for various modeling agencies, having a very
slim figure and a very beautiful face. Almost all companies in the Philippines want Shaina for
their commercials. One day, McDollibee Foods Corporation entered into a contract with her for
her to be a model for their upcoming commercial. In their agreement, Shaina will be showing her
face to the camera for 30 seconds. A few days before the commercial shoot, a strong fire
engulfed Shaina’s house. Luckily, Shaina survived. Half of her face was completely erased and
the other half suffered minor burns. What do you think will happen to Shaina’s obligation?
Provide a complete explanation.
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Determine whether the following contracts is a valid contract or a defective contract. If


it is a defective contract determine the kind of defective contract.  

Provide complete explanation and Legal basis for each. (20 points each)

1. A verbal agreement as to the sale of a specific cow worth 50,000


2. A verbal agreement of a sale of a house in La Trinidad Benguet.
3. A verbal agreement between two friends, where one of the friends will sell his
car to the other after 2 years.
4. A verbal agreement between two friends for the sale of ballpen worth 100
pesos.
5. A verbal agreement between two friends for the sale of Methamphetamine
hydrochloride  (Links to an external site.).
6. A written agreement for the sale of land between two persons where one of
them is deaf but can speak.

Brian and Erwin are classmates in BACC 104. Due to the ongoing pandemic, Brian lost
his job and became desperate. In order to overcome his situation, he decided to sell his
cellphone to Erwin on December 1, 2020. His cellphone is a cheap Oppo X cellphone
which is almost identical with an iphone X cellphone, a cellphone brand which is much
more expensive. His Oppo cellphone likewise does not have any markings on it which
will show that it is an Oppo X cellphone. Brian told Erwin that the cellphone he is selling
is an Iphone X cellphone, which, Erwin always wanted.Erwin immediately bought the
cellphone thinking it was an Iphone X cellphone.
On February 14, 2020,  a few months later after he bought the cellphone, Erwin
discovered that his cellphone was actually an Oppo cellphone. Erwin comes to you as his
law knowledgeable friend.

1. What kind of contract is this?


2. What are the remedies of Erwin?
3. Until when may Erwin bring the action to question the contract?

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