PDF Activity No. 8.pdf X X G File C:/Users/Patricia/Downloads/Activity%20No.%208.pdf LG To . . of 2 Q + A " T A v V 50 1. In the contract of sale of a hardware store (construction materials), it was stipulated that the seller shall not open or have any interest directly or indirectly in any hardware store either in his own name or in the name of another or have connection with or be employed in any hardware store for a period of one year pon the seller valid? within three kilometers from Barangay Ginebra, San Miguel, Bulacan. Are these stipulations/restrictions a. No, the agreement is contrary to public policy as the seller is deprived of a means of livelihood . No, the stipulations are in r lations are in restraint of trade C. Yes, the restrictions imposed are only used are only on a limited scale s long as the agreement is made in writing 2. A lost in gambling and as payment executed a prom ted a promissory note in favor of winner, B. Later, B assigned the note to C. May C successfully recover from A? Yes, if C is not aware that it is in payment of a gambling dept b. No, because B cannot recover and also the assignee C. Yes, because B can recover, so also the assignee can d. No, because promissory notes can only be negotiated but not assigned . Along with insane or demented persons and married women of age in cases specified by law, who else is acitated to give their consent? bear-mutes who know how to write . Persons suffering from criminal interdiction C. Unemancipated minors d. Competent under guardianship voidable? Is there any exception to the rule that a mistake of law cannot vitiate consent rendering the contract a. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent Mistake as to the object of contract C. Mistake as to person (error in person) . There is no exception It is whe er to wrest consent, serious or irresistible force is employed. a. Intimidation b. Undue influence Fraud di Violence If parties enter into a contract with respect to things outside the commerce of men, the contract is: a. Voidable Void Valid C. 1. Unenforceable 7. When is an instrument not capable of reformation? Wills b. When through the ignorance, lack of skill, negligence or bad faith on the part of the person drafting parties. the instrument or of the clerk or typist, the instrument does not express the true intention of the c. If 2 parties agree upon the mortgage or pledge of real or personal property is sold absolutely, or with a right of repurchase Where the real agreement is voidable 8. of void contracts, except . Defense of illegality cannot be waived Cannot be ratified Action for declaration of inexistence does not prescribe d. The inexistence can be assailed by third person G was appointed as guardian of M, the latter being 17 years old. Later, without authority from G, M sold watch in writing to B valued at P100, 000 for P60, 000. Suffering lesion by more than 1% of the value, the contract is Rescissio Voidable . Unenforceable d. Void 10. Unless ratified, suits will not prosper if the contract is . Rescission . Voidable Unenforceable d. Void ObliCon by Atty. Bernard D. Bakilan, CPA, LLM Page 1 of 2 O P w 4:07 PM 4/25/2022