Question
Below are some case situations on CONTRACTS. Can you answer them? (with explanation or give the applicable article if possible) 1.)Alejandro bought a car from
Below are some case situations on CONTRACTS. Can you answer them? (with explanation or give the applicable article if possible)
1.)Alejandro bought a car from Belerick, a dealer of cars, on the installment plan. After a while, Alejandro brought back the car to the shop of Belerick, saying he could not pay for it. Belerick accepted the car and registered it under its (Belerick's) name. For a long time, Belerick did not communicate with Alejandro and asked for the unpaid balance. Later, Alejandro received an account for the cost of spare parts and for gasoline. B then brought this action to recover both the unpaid balance and the new account. Has Alejandro's obligation been extinguished?
2.)When the owner of a grocery store began to realize that as a result of a judgment against him, his grocery store would be sold to pay his creditors, the owner connived with a friend by selling to the latter for a small sum the grocery store. The creditors were not in any way able to recover from the owner, so they asked for the rescission of said sale of the grocery store. Will rescission prosper?
3.) Alucard bought a real property from Bruno. Alucard brought action to rescind the contract on the ground of non-delivery of the property. Does Bruno have to give also the fruits received in the meantime?
4.) Alfred was intimidated into signing a contract on June 1, 2018. The intimidation continued until Sept. 1, 2019. From what time should we compute the four-year period for annulment?
5.) On June 1, 2005, Austin entered into a contract with Bert. on Jan. 4, 2006, Austin discovered that fraud had been present at the time he entered into the contract. Such a fraud vitiated his consent. Within what time must A bring the action for annulment?
6.) A minor sold his land to Xander. When he became 22 years old, he became indebted to Yuji. To avoid paying Yuji, the former minor decided to ratify the sale of the land. He then had no other property. May Yuji still rescind the sale although at the time it was made was not yet a creditor.
7.) Andrew was forced by Besty to sign a contract. Charles, a creditor of Andrew, wants to annul the contract. Is Charles allowed to do so?
8.) Anton forced Bethy to sell him (Anton) the house of Bethy. Bethy brought an action to annul the contract. The contract was annulled on the ground of fraud. Anton was asked by the court to return to Bethy whatever he (Anton) has received. But the house has been destroyed through the fault of Anton. What should Anton now give?
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