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a.

A contract of partnership having a capital of 5,000 pesos in money and property was entered
into orally. What’s status of the contract?
b. X is not a partner of A, B and C. Without the consent and knowledge of C but with the implied
consent of A and B. X made Z believe that he is a partner of A, B and C. Who shall be made liable
for the payment of a debt of P1million in favor of Z who extended credit on the basis of the
misrepresentation?
c. Is an industrial partner is absolutely exempt from any share of losses?
d. LP, GP and CP are partners of B’s Co Ltd. LP is a limited partner. After 3 years of business
organizations, the company incurred debts in favor of third persons totaling 15 million. The total
remaining partnership assets is 9 million. Who among the partners shall be liable with their
separate property in favor of the creditors?
e. State and explain the common element and characteristics among partnership, agency and trust
as applied to each contract.
f. What is the true essence of the distinctions between agency and other contracts like lease of
services and employment contract?
g. If Amboy represented himself to Samboy as the agent of Pamboy, and the latter kept silent and
did not object to or repudiate the representation, what is the kind of agency created?
h. Amor a real estate developer issued a power of attorney to Roma as follows: “I am appointing
you as my agent for all my properties and you may execute acts you may deem appropriate and
I withhold no power from you”. On the basis of the said authority, Roma sold one of Amor’s
properties, is the sale valid?
i. JD authorized PS to sell his Ferrari car for 3 million on cash basis. PS sold the car in his own
name to LUB for 3.5 million, on a 28 month installment at 5% monthly interest. Is JD bound by
the sale?
j. How does “instruction” differ from “authority”? Are they material on the validity of the
transaction entered into by the agent?
k. Which of the following instances is not an agency?
a. A person sold the car of another without authority and subsequently the owner
accepted the purchase price and give him 5% commission
b. An agent died and his son continued the business of the agency

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