Question
Under Philippine Law 1. M and P entered into a contract of sale wherein the former agreed to purchase the Isuzu D. Max of P
Under Philippine Law
1. M and P entered into a contract of sale wherein the former agreed to purchase the Isuzu D. Max of P in the amount of 2,000,000. After the perfection of the contract of sale, the car was destroyed and rendered unusable due to a storm. P is demanding payment of 2,000,000 alleging that a valid and perfected contract of sale was already existing between him and M, therefore M is obliged to pay the price agreed upon.
Is the contention of P correct? Explain
What are the requisites of Double Sale?
2.M offers to buy X property under the following terms and conditions: 1 million purchase price, 10% option money, the balance payable in cash upon the clearance of the property of all illegal occupants. The option money was promptly paid and X cleared the property of illegal occupants in no time at all. However, when M tendered the balance and asked X for the Deed of Absolute Sale, X suddenly had a change of heart, claiming that the deal is disadvantageous to her as she has found out that the property can fetch 3 million. Mae seeks specific performance but X contends that she has merely given Mae an option to buy and nothing more and offers to return the option money which Mae refuses to accept.
Will M's action for specific performance prosper? Explain
May X justify her refusal to proceed with the sale by the fact that the deal was financially disadvantageous to her? Explain
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