Voidable Contracts. Multiple choice, 3-15. Need asap. Thank you
Chapter 7 - Voidable Contracts 12. G was appointed guardian of S, the latter being 16 years old. S sold his parcel of land in writing to B valued at P100,000 for P75,000 suffering lesion by 1/4 of the value. What is the status of the contract? a. Voidable b. Rescissio c. Unenforceable d. Void 13. The act or means by virtue of which efficacy is given to a contract which suffers from a vice of curable nullity. a. Reformation b. Interpretation C. Ratification d. Annulment 14. S sold to B a cellphone on June 3, 2020. On July 1, 2020, B discovered that the cellphone he bought from A was an imitation. The law provides that he can annul the sale as a voidable contract within four years. Prescription starts from: a. July 1, 2020 when the fraud was discovered. b. June 3, 2015 when the sale was perfected. c. The time of delivery of the cellphone to B. d. The time they first talked about the sale of the cellphone. 15. The requisites of ratification are the following, except: a. The reason which renders the contract voidable should have not disappeared. b. The contract should be tainted with a vice which is susceptible of being cured. c. The confirmation should be effected by the person who is entitled to do so under the law. d. It should be effected with knowledge of the reason which renders the contract voidable.Chapter 7 - Voidable Contracts a. The sale is void because Z knew perfectly well that when she offered the subject property for sale to X and Y she had already previously sold it to the spouses H and W. It is undeniable then that Z fraudulently obtained the consent of & and Y in the execution of the assailed deed of sale. Z's action for annulment of the subject deed should be dismissed because the person who employed fraud cannot base his action for the annulment of contracts upon such flaw of the contract. c. Z employed fraud which she herself has caused. Hence, the proper remedy is rescission not annulment. d. Z sold the subject property to herein X and Y; hence, she no longer had any right to do so for having previously sold the same property to other vendees. The contract is unenforceable. 7. Because A wants to sell his land to B but the latter does not want to buy the same, A forced B to buy his land. The contract is: a. Valid, binding and enforceable b. Not binding upon B since his consent was vitiated c. Unenforceable as against B but not against A d. May be ratified expressly and tacitly by A 8. A sold to B a genuine bottle of brand "X" wine. However, upon delivery the former substituted a fake. B now wants to annul the sale. Decide. a. The contract is void ab initio therefore, it can be annulled. b. The contract cannot be annulled because it is only incidental fraud. c. The contract can be annulled since it is voidable due to fraud. d. There is dolo incidente therefore, it can be annulled. 9. The following are attributes of a voidable contract. Which is not? a. It is binding, valid and enforceable before annulment. b. It can be ratified and ratification has retroactive effect. c. Damage is material to be voidable contract. d. The capacitated cannot allege the incapacity of the other party. 10. D forced C to execute a promissory note a. Contract remains to be valid. b. Contract is rescissionbecause the contract is fraudulent. C. The contract is void. d. D cannot demand payment from C because the contract is unenforceable. 11. Which of the following contracts is voidable? a. Those where both parties are incapable of giving consent to a contract. b. Those where the consent is vitiated by mistake, violence, intimidation undue influence or fraud. C. Those undertaken in Fraud of creditors when the latter cannot in any manner collect the claims due them. d. Those whose object is outside the commerce of men.3. G was appointed as the guardian of V owns a parcel of land valued at P 1,000,000. W sold the land only for P 700,000 to X. The contract was defective because: a. unenforceable b. voidable c. rescissio d. void 4. Which of the following contracts is voidable? a. Those where both parties are incapable of giving consent to a contract. b. Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. C. Those undertaken in Fraud of creditors when the latter cannot in any manner collect the claims due them. d. Those whose object is outside the commerce of men. 5. These contracts are existent, valid, and binding, although they can be annulled because of want of capacity or vitiated consent of one of the parties, but before annulment, they are effective and obligatory between parties. a. Rescission contracts b. Unenforceable contracts c. Voidable contracts d. Void and inexistent contract 6. Z sold a parcel of land with a right of repurchase in favor of spouses H and W on December 31, 1985. On February 1, 1989, Z sold half of the same parcel of land to X and Y for the price of P75,000 on the understanding that X and Y shall pay the amount of P10,000 as partial payment and the balance to be paid by monthly installments. Z received the partial payment of P10,000 but signed a deed of absolute sale, disposing half of the property in favor of X and Y purportedly in consideration of the amount received. Subsequently, X and Y defaulted on their monthly installments. Z repeatedly demanded for the payment of the balance of P65,000 from X and Y but the latter refused to pay. On August 19, 1991, Z repurchased the parcel of land from the spouses H and W. She also offered to repurchase from X and Y the portion of the disputed land which she sold to them but the latter refused. On May 27, 1993, Z filed a complaint for the annulment of the subject deed of sale on the basis of the previous deed of sale with right of repurchase Z executed in favor the spouses H and W
