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May fraud be committed by a party to a contract though there is no misrepresentation on his part? Explain. 2.Will the acceptance of a business

  1. May fraud be committed by a party to a contract though there is no misrepresentation on his part? Explain.

2.Will the acceptance of a business advertisement of a thing for sale produce the perfection of a contract? Explain.

3.What is the object and what is the cause in a contract of sale?

PROBLEMS

Explain or state briefly the rule or reason for your answer.

1.) S sold his house to B believing that B was C. Can S legally withdraw from the contract on the ground of mistake? (Art. 1331.par2)

2.) S agreed to deliver to B 500 cavans of rice at P 600 per cavan. S delivered only 490 cavans deliberately misrepresenting that the delivery consisted of 500 cavans. Can B ask the court to annul the contract on the ground of fraud? ( Art.1344)

3.) S has several pigs. Under a contract of sale, S binds himself to deliver a pig to a B for P3,000.00 if the pig has a weight of at least 30 kilos. State the binding effect of the sale? (art.1349)

4.) S sold to B a specific parcel of land for P 500,000.00 B failed to pay. Has C the right to have the sale declared void by the court on the ground of absence of cause for non-payment of the price? (art.1349)

5.) S sold B his car worth P 250,000.00 for only P 200,000. There is no question that the purchase price is grossly inadequate. Has S the right to have the sale annulled?(Art.1339)

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