Question
Please answer each given questions by number. Note : Please cite legal basis. 1. To celebrate his 15th birthday, actor Abe, who has made a
Please answer each given questions by number. Note : Please cite legal basis. 1. To celebrate his 15th birthday, actor Abe, who has made a fortune at a young age, wanted to buy Bob's vintage car. Bob is Abe's fellow actor, who just turned 13. The vintage car was valued at Php5Million. Bob's mother, who is in charge of Bob's properties, offered to sell the car to Abe for Php10Million. Because he wanted the car badly, Abe agreed. Hence, on the day of Abe's 15th birthday on December 1, 2022, Abe, together with Bob and Bob's mom, went to a notary public to execute a deed of sale. Abe signed on his behalf and Bob's mom acted as Bob's guardian. The deed was notarized. Is the contract of sale rescissible, voidable, unenforceable or void? Explain. 2. To celebrate his 15th birthday, actor Abe, who has made a fortune at a young age, wanted to buy Bob's vintage car. Bob is Abe's fellow actor, who just turned 13. The vintage car was valued at Php5Million. Bob's mother, who is in charge of Bob's properties, offered to sell the car to Abe for Php10Million. Because he wanted the car badly, Abe agreed. Hence, on the day of Abe's 15th birthday on December 1, 2022, Abe, together with Bob and Bob's mom, went to a notary public to execute a deed of sale. Abe signed on his behalf and Bob's mom acted as Bob's guardian. The deed was notarized. Five years later, Bob wanted to recover the vintage car from Abe. Can Bob challenge the sale for being defective? Why or why not? 3. To celebrate his 15th birthday, actor Abe, who has made a fortune at a young age, wanted to buy Bob's vintage car. Bob is Abe's fellow actor, who just turned 13. The vintage car was valued at Php5Million. Bob's mother, who is in charge of Bob's properties, offered to sell the car to Abe for Php10Million. Because he wanted the car badly, Abe agreed. Hence, on the day of Abe's 15th birthday on December 1, 2022, Abe, together with Bob and Bob's mom, went to a notary public to execute a deed of sale. Abe signed on his behalf and Bob's mom acted as Bob's guardian. The deed was notarized. Suppose that on December 2, 2022, Abe's guardian discovered that Abe paid Php10Million for a vintage car that is only worth Php5Million and wanted Abe to return the car and recover the money. However, Abe used his charm and influenced the guardian to instead ratify the sale. So, Abe's guardian and Bob's guardian executed another deed of sale and had the same notarized. Is the second deed of sale rescissible, voidable, unenforceable, or void? 4. In relation to your answer in Question 3, until when may the defect of the contract be challenged, when will the period begin to run and who has the right to file the action? 5. Cat sold her house to Dina. They agreed that Dina will pay 20% downpayment and then the balance will be paid in 10 monthly installments. The parties were best of friends so neither of them saw the need to put the sale in writing right away. When Dina was down to her last 5 installment payments, Cat and Dina got into a big fight and Cat decided she did not want to sell the house to Dina anymore. Knowing that the contract was not in writing, Cat avers that the contract was unenforceable for failing to comply with the Statute of Frauds. Is Cat correct?
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Answer 1 The contract of sale is voidable Legal Basis Under Article 1390 of the Civil Code a contract entered into by a minor is voidable In this case ...Get Instant Access to Expert-Tailored Solutions
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