Question
True or False 1.) The remedy of reformation must be filed in court. 2.) An oral agreement between parties can be a ground for reformation.
True or False
1.) The remedy of reformation must be filed in court.
2.) An oral agreement between parties can be a ground for reformation.
3.) James and John reached to an agreement where James sold his motorcycle to John with plate
number ABC124. But by mistake, the contract signed by the parties states that the plate
number of the motorcycle ACB124. This is an example of fraud.
4.) The ground of accident may be availed of for the remedy of reformation when thru the
ignorance and lack of skill on the part of the person drafting the instrument, the instrument
does not express the true intention of the parties.
5.) Dave and Thea agreed that Dave will lend Thea P500,000 for her business upon Thea's
surrendering of the title of her condominium unit as security for the payment of the loaned
amount. However, the contract states that Thea is selling her condominium unit to Dave for the
amount of P500,000. In such case, reformation may be resorted to.
6.) Mrs. Sanchez told her trusted caregiver, Daria, that she will donate LOT A to her. However, the
Deed of Donation pertains to LOT C as being donated by Mrs. Sanchez to Daria. Daria can go to
court to file an act for reformation.
7.) If the donor believes that's/he made a mistake in the deed of donation, s/he may ask for the
reformation of donation.
8.) Luisa told her physical therapist, Riza, that when she dies, Riza will have the blue van for herself.
However, when Luisa died, her will states that she bestows to Riza the antique dining table. In
this case, Riza can avail of the remedy of reformation.
9.) There is nothing to reform if the agreement is void in the first place.
10.) Donna and Grace reached an agreement where Donna sold her cat named "Kitty" to Grace. But
by Donna's mistake, the contract signed by the parties states that the cat sold is named "Katy."
In this case, Donna can file for reformation.
11.) Under the Statute of Frauds, the contract must be a formal written document.
12.) When an unenforceable contract is ratified, it may then be enforceable as if no defect existed.
13.) The Statute of Frauds applies to contracts that are totally executed or partly executory
14.) Both parties in the contract are required to avail the defense of the Statute of Frauds
15.) The defense that the contract is unenforceable on the ground that it did not comply with the
Statute of Frauds may only be raised in actions for damages or specific performance.
16.) Any contract made by parties who are incapable of giving consent is unenforceable.
17.) Both parents of the parties must ratify the unenforceable contract made by parties who are
incapable of giving consent for it to considered voidable
18.) The defense of Statute of Frauds may not be availed of if the contract is different from the real
agreement of the parties.
19.) An agreement for the sale of goods, chattel, or things in action, at a price less than five hundred
pesos (P500.00) must comply with the Statute of Frauds.
20.) A special promise to answer for the debt of another must comply with the Statue of Frauds.
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