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WorksheetsThe Road to Flat One
Total questions: 18
Worksheet time: 9mins
Which is the least defective contract?
A. Rescissible contract
B. Voidable contract
C. Unenforceable contract
D. Void Contract
What kind of defective contract refers to that contract which is validly agreed upon because all the essential elements exists, but courts can nullify it when there is damage to one of the parties or to a third person?
A. Rescissible contract
B. Voidable contract
C. Unenforceable contract
D. Void Contract
Girl was appointed as guardian of Boy, the latter being 16 years old. Boy sold his parcel of land in writing to be valued to Stranger at P100,000 for P75,000, suffering lesion by exactly ¼ of the value.
What is the status of the contract?
A. Rescissible
B. Unenforceable
C. Enforceable
D. Voidable
Which of the following contract is not rescissible?
A. Those made by guardians when their wards suffer lesion by more than ¼ of the value of the things which are the object thereof.
B. Those where one of the parties is incapable of giving consent to a contract
C. Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them
D. Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority
Contract 1: G, guardian of W, sold W’s house valued at P50,000 for 37,500 or a lesion by ¼ of the value.
Contract 2: S sold his house valued at P50,000 for only 1,000 because S did not know the true value of the house.
A. Both contracts are rescissible
B. Only no. 1 is rescissible
C. No. 2 is voidable because there is a mistake
D. Both contracts are valid and enforceable
Wendy, a 16 year old, sold her house valued at P1 M for P50,000 or a lesion by more than ¼ of the value of the said house.
What is the status of her contract?
A. Unenforceable
B. Rescissible
C. Voidable
D. Valid and Enforceable
R, the representative of A, an absentee sold the corn with a value of P30,000 and the palay with a value of P50,000, harvested from A’s agricultural farm, for a total price of P50,000. A, whose domicile was subsequently known, was informed of the sale made by G.
May A seek rescission?
A. No for the contract is valid and binding.
B. Yes for it is rescissible
C. Maybe. Some facts are missing
D. None of the above.
Statement 1: If the cause is not stated in the contract, it is presumed to be unlawful.
Statement 2: The action for rescission is subsidiary. It cannot be instituted when there is no other legal means to obtain reparation for damages suffered.
A. Both are true
B. Both are false
C. 1 is true; 2 is false
D. 1 is false; 2 is true
S (Seller) Sold his only property, a parcel of land with an area of 3,000 square meters, to B (Buyer) to defraud C, a creditor of S.
C may rescind the contract to what extent?
A. Always to the whole contract
B. Only to cover damages
C. More than what is sufficient to cover damages
D. None of the above
Mice is indebted to Cat for P10,000. For the purpose of defrauding Cat, Mice sold his only “cheesy hotdog” to Dog for P10,000. Dog had no knowledge of the intention of Mice.
What is the status of the contract?
A. The contract between Mice and Dog is binding.
B. The contract is voidable because Mice acted in bad faith
C. The right of Cat is to rescind the contract because the transaction is fraudulent
D. The contract between Mice and Dog is rescissible
Rescission of a contract can take place when:
A. The things which are the object of the contract are legally in the possession of third persons who acted in good faith
B. He who demands rescission can return whatever he may be obliged to restore
C. The party seeking rescission can perform only as to part and rescind as to remainder
D. When the seller cannot return the installment paid to him by the buyer
B, buyer, fraudulently induces S, the seller, to sell him (B) a painting for P10,000. Subsequently, B sold it to X, a good-faith purchaser, for P12,000.
S is entitled to:
A. Rescind the contract with B plus damages
B. Recover the painting from X but no damages
C. Recover damages from B only
D. Rescind the contract between B and X
G, the guardian of an insane person, sold a house and lot belonging to the latter, valued at P100,000, to B, buyer, for P74,000 with the approval of the court. The contract is:
A. Rescissible
B. Voidable
C. Void
D. Valid
E. Unenforceable
Which is not rescissible?
A. Sale of property under litigation made by a defendant without the knowledge of the plaintiff and authority of the court
B. Those made to defraud creditors when the creditors has no other means to recover his claim
C. Those agreed upon in representation of absentees, if the absentee suffers lesion by more than ¼ of the value of the property subject of the contract
D. None of the above
D owes the following creditors: X, P50,000; Y, P60,000; and Z, P90,000. He has assets valued at P400,000. Subsequently, D donated, among his assets, a parcel of land valued at P250,000 to C. The donation and acceptance were made in a public instrument.
What is the status of the donation of the land made by D to C?
A. Valid for it was made in a public instrument.
B. Voidable for the creditors may annul it in the future.
C. Rescissible for it is presumed to have been made in fraud of creditors.
D. Valid because the remaining value of the assets after donation is sufficient to cover the debts contracted by D before the donation.
C filed a complaint in court against D to collect a money debt amounting to P500,000. After due hearing, the court rendered judgment in favor of C. Shortly after the rendition of the judgment and before C has collected D’s debt, D sold a parcel of land to X. Z, another creditor, learned of the sale made by D to X and now files an action to rescind the sale.
Who has a better right to rescind the sale of D to X?
A. C for the court rendered judgment in favor of him
B. Z for only he learned of the sale made by D to X
C. Both C and Z for the sale is presumed in fraudulent
D. The sale of D to X is valid, not rescissible.
B, buyer, fraudulently induces S, the seller, to sell him (B) a painting for P10,000. Subsequently, B sold it to X, a bad-faith purchaser, for P12,000.
S is entitled to:
A. Rescind the contract with B plus damages
B. Recover the painting from X but no damages
C. Recover damages from B only
D. Rescind the contract between B and X
18. The prescriptive period for rescission of a person under guardianship is:
A. Within 4 years from the date the contract was entered into
B. Within 4 years from the time the domicile is known
C. Beyond 4 years from the time guardianship ceases
D. None of the above
