Question
GOOD DAY TUTOR CAN YOU HELP ME WITH MY ASSIGNMENT ABOUT REGULATORY FRAMEWORK IN LEGAL ISSUES IN BUSINESS? THANK YOU IN ADVANCE TUTOR! II.CASE ANALYSIS
GOOD DAY TUTOR CAN YOU HELP ME WITH MY ASSIGNMENT ABOUT REGULATORY FRAMEWORK IN LEGAL ISSUES IN BUSINESS?
THANK YOU IN ADVANCE TUTOR!
II.CASE ANALYSIS
Analyze the following cases and answer the questions that follow.
Case 1. Supposed sale was evidenced by a receipt acknowledging receipt of P1,000.
Facts: B bought on a partial payment of P1,000.00, evidenced by a receipt, a portion of a subdivision from S, administrator of the testate estate of his deceased spouse. Subsequently, S was authorized by the court to sell the subdivision. In the meantime, PT Co. became the new administrator. It sold the lot to another which sale was judicially approved. B files a complaint which seeks, among other things, for the quieting of title over the lot in question (Leabres vs. Court of Appeals, 146 SCRA 158 [1986]).
Issue: Was there a valid and enforceable sale to B?
Case 2.Vendor "sells, transfers, and conveys" a land to the vendee who may sell or assign the land prior to full payment of all installments.
Facts: The dispositive part of a deed entitled "Deed of Sale of Real Property" states: "for and in consideration of the sum of P140,000, payable under the terms and conditions stated in the foregoing premises, the VENDOR sells, transfers and conveys unto the VENDEE x x x" the property in question as of December 22, 19XX, the date of said document."
It is provided that "should the VENDEE prior to the full payment of all the amounts aforementioned, decide to sell or to assign part or all of the aforementioned parcel of land, the VENDOR shall be informed in writing and shall have the option to repurchase the property x x x. Should the VENDOR herein decide to repurchase, and the property is sold or transferred to a third person, the balance of the consideration herein still due to the VENDOR shall constitute automatically a prior lien on the consideration to be paid by the third person to herein VENDEE."
Issue: Is the above instrument a contract to sell?
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