Question
(1) S sold to B a parcel of land with an area of 500 sq. meters at P2,000.00 per sq. meter. It turns out that
(1) S sold to B a parcel of land with an area of 500 sq. meters at P2,000.00 per sq. meter. It turns out that the area is only 451 sq. meters. Has B the right to cancel or rescind the sale even if S is willing to accept a proportionate reduction of the price, or only P902,000.00?
(2) Same scenario under item (1) but the price is fixed at P1,000,000 without a statement of the price per sq. m. Has B the right to enforce the contract with the corresponding reduction of the price to P902,000?
(3) S sold to B a parcel of land with an area of 500 sq. meters at P2,000.00 per sq. meter. S subsequently sold the same property to C who immediately registered the sale in his name. (a) Who has a better right to the property: B or C? (b) Suppose C did not also register the sale. To whom should the property be awarded?
(4) Same scenario under item (3) but C was declared by a court to have a better right. Is S liable to B for the former's failure to comply with his warranty against eviction?
(5) S sold to B a piano for P10,000.00. It was agreed that payment shall be made within 10 days. Has B the right to demand delivery even before he has paid?
(6) B, through fraud, made S sign a contract of sale of a parcel of land. Here, B's title is voidable which may be declared void by the court in an action by S. However, B was able to sell the property to C. Has B the right to recover the property from C?
(7) S sold to B a parcel of land located in Quezon City under a public instrument signed by the parties and notarized in Manila. Is B considered already the owner of the property?
(8) S sold to B a parcel of land with the stipulation that upon failure of B to pay the price within 30 days the sale shall be deemed automatically cancelled.
(a) May S refuse to accept payment from B after 30 days on the ground that the sale is already rescinded?
(b) Suppose the property sold is movable. Will your answer be the same?
(9) S sold a three (3)-door apartment to B who paid the purchase price only for one (1) year from the date agreed upon. Is B liable to pay S interest which was not stipulated by them?
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