1/23/2021 Submissions - B-BLAW211; Law on Obligations and Contracts; BSA21;1S; AY20-21 - DLSU-D College/GS

B-BLAW211; Law on Obligations and Contracts; BSA21;1S; AY20-21

Module 8: Four Kinds of Defective Contracts

ENABLING ASSESSMENT: UNENFORCEABLE CONTRACTS

Submissions
Here are your latest answers:

Question 1
I. The Statute of Frauds provides that a contract for the sale of real property or of an interest therein shall be unenforceable unless the sale or some note or memorandum
thereof is in writing and subscribed by the party or his agent.
II. The setting up of boundaries, the oral partition of real property, and an agreement creating a right of way are covered by the provisions of the Statute of Frauds.

Score: 1 out of 1 Yes

Question 2
I. Third persons can attack the validity of unenforceable contracts.
II. When the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is
absolute and indispensable.

Score: 1 out of 1 Yes

Question 3
___________________ is descriptive of statutes which require certain classes of contracts to be in writing.

Score: 1 out of 1 Yes

Question 4
Which of the following contracts must be in writing to be enforceable?

Score: 1 out of 1 Yes

Question 5
Sometime in 1996, S sold a lot to B, but no formal deed was executed to document the sale. The contract price was apprently payable in installments as B remitted from time
to time and S accepted the partial payments. S agreed to execute a final deed of sale upon full payment of the purchase price. As early as 1979, however, B and her sons, X
and Y, were already occupying the subject lot and even constructed their house thereon.

After the death of S, his son Z, continued accepting payments from B, X and Y. Despite all those payments made for the subject lot, Z later sold it to Q. Subsequently Q sold
to M and N the subject lot for P80,000. M and N, in turn, ceded the subject lot to V through a Deed of Absolute Sale.

Sometime in May 2000, V through his lawyer, sent a letter addressed to the residence of Z demanding that all persons residing on or physically occupying the subject lot
vacate the premises of face the prospect of being ejected. Learning of V's threat, B, X and Y went to the residence of Z. There, they met Z's estranged wife, T, who informed
them about her having filed an affidavit complaint against her husband and M and N for falsification of public documents on March 30, 2000. According to T, her signature
on the June 30, 1999 Z-Q deed of sale was a forgery.

Is the sale of the subject lot by S to B unenforceable under the Statute of Frauds?

Score: 1 out of 1 Yes

Question 6
The following contracts are unenforceable, except:

Score: 1 out of 1 Yes

Question 7
S orally sold to B a parcel of land for which the latter paid Php1 million. B now wants to register the sale so that he can have a Transfer Certificate of Title in his name.
Decide.

Score: 1 out of 1 Yes

Question 8
I. The purpose of the Statute of Frauds is to prevent the fraud and perjury in the enforcement of obligations depending for their evidence on the unassisted memory of
witnesses, by requiring certain enumerated contracts and transactions to be evidenced by a writing signed by the party to be charged.
II. The Statute of Frauds is applicable only to executed contracts.

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1/23/2021 Submissions - B-BLAW211; Law on Obligations and Contracts; BSA21;1S; AY20-21 - DLSU-D College/GS
Score: 1 out of 1 Yes

Question 9
X alleged that Y promised to give him one hectare of land. This is in consideration of X's meritorious services to Y. Y pleads in defense that since the promise was not in
writing, it is unenforceable under the Statute of Frauds. Decide.

Score: 1 out of 1 Yes

Question 10
Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers.

Score: 1 out of 1 Yes

Question 11
Must be in writing to be enforceable:
I. Lease of land for 12 months
II. Lease of car for 18 months

Score: 1 out of 1 Yes

Question 12
A orally leased to B his car for a term of two years. B has not taken possession of the car and A has not received any rental. The contract is ___________________.

Score: 1 out of 1 Yes

Question 13
A contract that has some legal consequences but that may not be enforced in an action for damages or specific performance in the face of certain defenses, such as the
Statute of Frauds.

Score: 1 out of 1 Yes

Question 14
On June 20, 2013, Arbie and Bea agreed verbally to form a partnership on June 25, 2015.

Score: 1 out of 1 Yes

Question 15
A and B, who are both unemancipated minors entered into a contract. The contract entered into by and between them is:

Score: 1 out of 1 Yes

Question 16
A valid contract that, because of some technical defect, cannot be fully enforced.

Score: 1 out of 1 Yes

Question 17
A and B entered into an oral sale of the former's car for Php1 million which amount has been credited to his bank account although the car has not yet been delivered to the
latter. Can B compel A to execute the deed of sale of the car?

Score: 1 out of 1 Yes

Question 18
I. A right of first refusal is among those listed as unenforceable under the Statute of Frauds.
II. In a contract where both parties are incapable of giving consent, express or implied ratification by the parent or guardian, as the case may be, of one of the contracting
parties shall give the contract the same effect as if only one of them were incapacitated.

Score: 1 out of 1 Yes

Question 19
Arbie, without authority from Bea, sold the latter's car in the name of the latter. The contract is therefore____________.

Score: 1 out of 1 Yes

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Question 20
I. The legal consequence of non-compliance with the Statute does not come into play where the contract is completed, executed, or partially consummated.
II. If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be validated from the inception.

Score: 1 out of 1 Yes

Question 21
I. S sold to B in a private instrument his land. Later, B wanted to have the sale registered but registration requires a public instrument. In here, B may compel S to execute
the needed public instrument.
II. S sold to B orally his land. After B paid S, he wanted to register the land in his name but he needed a public instrument of sale. In here, B may compel S to execute the
needed public instrument.

Score: 1 out of 1 Yes

Question 22
Arbie borrowed money from Bea with Cassie as guarantor. The contract of loan of P1 million was not in writing while the guaranty was written. Bea now is demanding
payment from Cassie because Arbie failed to pay. Is Cassie liable?

Score: 1 out of 1 Yes

Question 23
S orally leased to B his parcel of land for a term of two years. The contract is _________________.

Score: 1 out of 1 Yes

Question 24
A and B orally agreed that A would sell and B would buy A's laptop for Php30,000 two years from the date of the agreement. At the end of two years, A refused to hand
over the laptop although B was willing to pay. Is A bound to deliver the laptop sold?

Score: 1 out of 1 Yes

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