13 Quiz 1

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13 QUIZ 1

1. Rolando orally sold his farmland to Armando for P1, 000,000.00. After
spending all the money, Rolando filed an ejectment suit (lawsuit) against
Armando to recover the land. Will the ejectment suit prosper? Why or why
not?

- The enactment suit will fail because it is an oral contract, it violates the
Statute of Fraud, which makes it a voidable contract, and the principle of
the statute of frauds is that it will only apply to contracts that are
completely executor, which means that both parties have not yet
performed the contract.

2. Andy loaned P20, 000.00 from Benny. Terrence orally promised to assume
the obligation of Andy. What is the status of the contract

- Andy and Benny's first contract status was a loan arrangement or loan
contract. And because Terrence verbally pledged to take Andy's
responsibility, the contract is now voidable. Because the contract is in oral
form, it breaches the Statute of Frauds and is thus voidable. It is a
legitimate contract, except that one of the parties has the option to reject it.

3. Joey and James entered into a contract of sale during the New Year’s Eve
party at their village. Joey, a minor, bought the shoe collection of James who
was under the influence of alcohol worth P30,000. Is the contract valid? Why
or why not?

- The contract is legitimate, but it is unenforceable since both parties, Joey,


who is a minor, and James, who was under the influence of alcohol, are
incapable of giving consent.

4. In the same case in #3, what is the effect of ratification:


A. by either party?

- When both parties are unable to give consent, it can be ratified by both
parties’ parents and guardians; if only one of the two parties ratifies the
contract, the unenforceable contract remains defective, and the resulting
contract is voidable.

B. by both, after becoming capacitated

- They can ratify it themselves when they attained the capacity or regaining
the capacity

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