S.A 2020/21 B.E CIVIL LAW | Question #12

-

 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #12 



#CivilLaw #PreviousBarQuestions 



A seller posted an online advertisement for a “4-volume set of Tolentino’s Commentaries and Jurisprudence on the Civil Code of the Philippines, 100 pesos only.” A Bar candidate excitedly ordered it and paid through GCash. However, when the set was delivered, tears started to well in the Bar candidate’s eyes. Much to the Bar candidate’s bewilderment, the author was not Arturo Tolentino, the legal luminary as the candidate was made to expect, but Lorna Tolentino, the noted actor.

The Bar candidate believes that the contract of sale should be rescinded and that damages are also proper.

Is the Bar candidate’s position legally sound? Explain briefly.

Ads.

POLITICAL LAW
Bar Q&A (2023 Ed.) - Political Law - Carlo Cruz - Questions and Answers 
🛒 LZD: https://go.shopple.co/splbia 
🛒SHP: https://invl.io/clggpx7 

REMEDIAL LAW
Bar Q&A (2023 Ed.) - Remedial Law - Prof. Manuel Riguera - Central - Questions and Answers 
🛒LZD: https://go.shopple.co/splbid 
🛒 SHP: https://invl.io/clggpyr

LABOR LAW
Bar Q&A (2023 Ed.) - Labor Law - Benedict Guirey Kato - Questions and Answers - Central 
🛒LZD: https://go.shopple.co/splbif 
🛒SHP: https://invl.io/clggq2e 

ETHICS 
Bar Q&A (2023 Ed.) - Legal Ethics - Ed Vincent Albano - Questions and Answers 
🛒LZD: https://go.shopple.co/splbih 
🛒 SHP: https://invl.io/clggpur 

CIVIL LAW
Bar Q&A (2023 Ed.) - Civil Law - Vivian Paguirigan - Central - Questions and Answers 
🛒LZD: https://go.shopple.co/splbii 
🛒 SHP: https://invl.io/clggpyr

CRIMINAL LAW
Bar Q&A (2023 Ed.) - Criminal Law - Judge Ma. Rowena Alejandria - Central - Questions and Answers 
🛒LZD: https://go.shopple.co/splbil 
🛒SHP: https://invl.io/clggq1b

COMMERCIAL LAW
Bar Q&A (2023 Ed.) - Commercial Law - Dean Nilo Divina - Central - Questions and Answers 
🛒LZD: https://go.shopple.co/splbin 

SUGGESTED ANSWER: 


No, the bar candidate’s position is not legally sound because the contract may not be rescinded, either pursuant to Article 1381 or Article 1191 of the Civil Code. It cannot be rescinded under Article 1191 because rescission here is based on breach committed by the party in a reciprocal obligation. There was no breach committed by the online seller because the obligation was to deliver the books which it complied with. 

The contract is also not rescissible under any of the grounds enumerated in Article 1381 because it is not one involving lesion or economic prejudice suffered by a ward or an absentee and is not also one entered into in fraud of creditors.

There being no breach of the seller’s obligation, there would be no basis for the bar candidate’s claim for damages. 


Code: S.A 2020/21 B.E CIVIL LAW | Question #12 


MORE: https://bit.ly/3CMFOeo 

Visit 🔎 #Bio (PREVIOUS BAR QUESTIONS)

If you believe this Website/Page has helped you with your legal studies and keeping up with current events, please consider supporting us by clicking ads once a day.

This is how our Pages work and how we will continue to provide valuable content related to laws and jurisprudence.

©️ Courtesy of UP LAW TRAINING AND CONVENTION DIVISION | BRI2022 | No copyright infringements intended.

Comments

Post a Comment

Popular posts from this blog

2024 BAR SYLLABUS | Office of Associate Justice Mario V. Lopez

-
  2024 BAR SYLLABUS Office of Associate Justice Mario V. Lopez  POLITICAL LAW AND PUBLIC INTERNATIONAL LAW   PLEASE HELP US by visiting our sponsored products!  SPONSORED  🛒 //nossairt.net/4/6258589   🛒 //intorterraon.com/4/5870426   🛒 //woafoame.net/4/5863482   CRIMINAL LAW   LABOR LAW   PLEASE HELP US by visiting our sponsored products! SPONSORED 🛒 https://wizardunstablecommissioner.com/buwekire?key=4eda8f2f6f81631b5baaacf7bba5d755   🛒 https://wizardunstablecommissioner.com/zh29yfpxd?key=3abb5219dcca053b3837547ff626cf5a   🛒 https://wizardunstablecommissioner.com/h2x5wps1x?key=b4c09b83aad846fab90eb6c80c6d0ec2 CIVIL LAW   MERCANTILE LAW AND TAXATION   PLEASE SUPPORT US!  by visiting/buying our sponsored products!  SPONSORED 🛒  🛒 https://s.lazada.com.ph/s.7nZ1s?cc   🛒 https://s.lazada.com.ph/s.7nZcx?cc   🛒 https://s.lazada.com.ph/s.7nZah?cc  🛒 https://s.lazada.com.ph/s.7nZZA?cc...
Read more

Q. No. 2 | Political Law | Suggested Answer | Bar 2023

-
Image
  Q. No. 2 | Political Law | Suggested Answer | Bar 2023 Q. No. 2 | Political Law “Sulu Second District Representative Alfonso died during the second year of his term. House Speaker Rodil then designated Sulu First District Representative Midas as the legislative caretaker for the remaining period of the term of Alfonso. Upon the prodding of majority of the constituents of the Sulu Second District who are invoking their right to representation, the members of the party of Alfonso filed a petition before the Supreme Court for the issuance of a writ of mandamus to compel Rodil to call for a special election in their district.   Will the petition prosper? Explain[.]” Suggested Answer: Republic Act No. 6645, December 28, 1987 , AN ACT PRESCRIBING THE MANNER OF FILING A VACANCY IN THE CONGRESS OF THE PHILIPPINES Section 1.  In case a vacancy arises in the Senate at least eighteen (18) months or in the House of Representatives at least (1) year before the next regular election ...
Read more

SUGGESTED ANSWERS TO 2023 BAR EXAMS ON CRIMINAL LAW

-
Image
  SUGGESTED ANSWERS TO 2023 BAR EXAMS ON CRIMINAL LAW BY JUDGE Marlo Campanilla 1. Court has jurisdiction - Extra-territoriality and generality principle ( 8-Hrs video Speed Lecture and regular review lecture )  2. Joey can invoke mistake of fact in relation of death under exceptional circumstance (last-minute video lecture, 8-hrs speed video lecture, pre-week video lecture, regular lecture) 3. Kidnapping with homicide , Ramos and Mercado principle (last-minute video lecture, pre-week video lecture, 8-hrs video speed lecture, regular lecture) 4. Aggravating circumstance of committing a crime in the present of the President; nighttime is not aggravating circumstance (Basic principle) 5. Ado is liable (Basic principle)   6. Pardon will not remit accessory penalty (8-hrs speed video lecture, pre-week video lecture, regular lecture) 7. The duration of reclusion perpetua is 40 years ( Miguel vs. Director of Bureau Prisons, UDK-15368, September 15, 2021 ) 8. Treason is...
Read more