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ESSENTIAL REQUISITES OF CONTRACTS Object of Contracts 377 III. Problems Explain or state briefly the rule or reason for your answer. S sold to B for P100,000 a parcel of land belonging to S located in his hometown without specifying its exact location and area. Is the sale valid? S has several pigs. Under a contract of sale, S binds himself to deliver a pig to a B for P3,000 if the pig has a weight of at least 30 kilos. State the binding effect of the sale. - ooopromise of 5 15 able. The moment it is delivered, it becomes (5) S obligates himself to deliver a "thing" or "prop- erty" to B. The contract is void because the object is "not determinate as to its kind" nor is it "capable of being made determinate without the need of a new or further agreement between the parties." (see Art. 1462.) - 0Oo STUDY GUIDE I. Definitions Define or give the meaning of the following: 1. future inheritance 2. physical impossibility II. Discussions contract. 1. Give the requisites of things as object of a contract. 2. Give the requisites of service as object of a itance? 3. May a contract be entered upon future inher-ESSENTIAL REQUISITES OF CONTRACTS Cause of Contracts 387 STUDY GUIDE I. Definitions Define or give the meaning of the following: 1 . cause 2. motive 3 . inadequacy of cause II. Discussions 1. Give the requisites of cause in a contract. 2. State the effect if the cause of a contract is found to be false. te. 3. What is the object and what is the cause in a contract of sale? cy an III. Problems not or Explain or state briefly the rule or reason for your of answer. 1. S sold his fishing boat to B who intends to use and the boat for smuggling. Is the contract of sale illegal? tract 2. S sold to B a specific parcel of land for P500,000. 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? 3. X gave P10,000 to Y who signed a receipt stating: "This is to acknowledge payment by X in the amount of P12,000." X later complains that he received nothing from Y for the P10,000. Is Y bound to return the P10,000? 4. S sold to B his car worth P250,000 for only P200,000. There is no question that the purchase price is grossly inadequate. Has S the right to have the sale inded on annulled? ue is less the value -000 --0Oo STUDY GUIDE I. Definitions Define or give the meaning of the following: 1. voidable contract 2. annulment 3. ratification II. Discussions 1. Give the requisites for the ratification of a voidable contract. 2. State the rule on the right of strangers to a contract to bring an action for its annulment. 3. Under the law, what contracts are voidable or annullable? III. Problem Explain or state briefly the rule or reason for your answer. 1. S, a minor, sold a property to B. Later, the sale is annulled on the ground of the minority of S. Is S bound to return the price received by him? 2. In the same problem, suppose S, upon reach- ing the age of majority, decided to ratify or respect the contract. Has B the right to refuse the ratification and price? demand mutual restitution of the property and theFORM OF CONTRACTS 395 in a private document and not in a public instrument because it was not acknowledged before a notary public as required by law. Is the sale valid? 2. In the same example, what rights, if any, are acquired by the contracting parties? OOOVOIDABLE CONTRACTS 443 3. Again, in the same problem, suppose the sale was annulled by the court, what are the rights of the parties if the property was lost or destroyed? (a) without the fault of B? (b) through the fault of B? - OOO -agent, to manage his property. In this case, the authority of document. A to administer the property of P must appear in a public (4) Cession of actions or rights. - D mortgaged his land to C to secure the payment of a debt. This mortgage appears in a public document. The decision by C of his right, as mortgagee, to T must also be in a public document. ooo - STUDY GUIDE I. Definitions Define or give the meaning of the following: 1. form of contract 2. informal contract II. Discussions 1. What may be the form of a contract? 2. If the law requires a contract to be in writing, will the contract be invalid if it is not in writing? III. Problems Explain or state briefly the rule or reason for your answer. 1. S (seller) and B (buyer) entered into a contract of sale of a parcel of land. The sale is embodied only415 79 INTERPRETATION OF CONTRACTS d. II. Discussions 1. What should be followed in the interpretation ers of a contract, its terms or the intention of the parties? not Explain. ties 2. Suppose a stipulation or word in a written contract is susceptible of various interpretations, what interpretation or meaning should be given to it? 3. State the rule of interpretation where there ot be are various stipulations of a contract. be the III. Problems d it is Explain or state briefly the rule or reason for your all. answer. 1. S sold to B his condominium unit "including all its contents." In the unit, there is an antique chair belonging to X which X agreed to sell to S. Is the chair of to be included in the sale of the unit? 2. X, architect, designed and supervised the construction of the house of Y. The parties failed to agree beforehand the professional fee of X. How much is Y bound to pay X? tation of 3. Suppose in the same problem, the profes- s 8 to 17 sional fee was agreed upon, but it is not clear from the written contract prepared by X upon the request of Y whether it should be the fixed amount of P200,000 or 6% of the cost of construction. How much is Y liable to pay? -0Oo - wing:404 THE LAW ON OBLIGATIONS AND CONTRACTS STUDY GUIDE I. Definitions Define or give the meaning of the following: 1. reformation 2. mutual mistake II. Discussions 1. What is the reason why the law in certain cases permits a written instrument to be reformed or corrected? 2. In what way is reformation of written instru- ment distinguished from the annulment of a contract? III. Problems Explain or state briefly the rule or reason for your answer. Me 1. S sold his horse "X" to B under a written contract of sale. What B thought S was selling him is the horse "Y." Can S ask for the reformation of the contract the against the objection of B who is agreeable to the sale inte of horse "X?" the 2. Suppose in the same example, S was intend- ing to sell his horse "Y." Give the three (3) cases when Lite he can ask for the reformation of the contract. part - 0Oo thei uned Am. the but(2) his heirs, assigns, or successors in interest; or (3) the creditors of the above entitled to subrogation. (see Art. 1177.) - 0Oo - STUDY GUIDE I. Definitions Define or give the meaning of the following: 1. rescissiontract 2. rescission II. Discussions 1. State the rule on the liability of the acquires in bad faith of property alienated in fraud of creditors. 2. In what cases is rescission not allowed al- though the contract is found to be rescission under the law? III. Problems Explain or state briefly the rule or reason for your answer. Mea 1. D owes C P100,000. Since D fails to pay, C expressed its willingness to accept the car of D, with all th the same value, more or less, in payment of his debt. parti D, in bad faith, sold the car to X. Has C the right to ask by n for the rescission of the sale? fraud 2. F, guardian of M (minor), sold to B a proper- ty of M with a market value of P50,000 for only P37,000, Bind or a difference of more than 1/4 (P12,500) of the value. If rescission of the sale is demanded, what possible de- fense under the law can B present to avoid rescission? annu - 000