Essay: Direction: Explain The Following Statements/question in Not Less Than 5 Sentences
Essay: Direction: Explain The Following Statements/question in Not Less Than 5 Sentences
Essay: Direction: Explain The Following Statements/question in Not Less Than 5 Sentences
ACTIVITY 7
ESSAY:
Direction: Explain the following statements/question in not less than 5 sentences.
1. S, insane orally sold his radio to B, 17 years old for P400. When T, the mother of S learned
about the sale, she asked S to give her the amount he had received. S obediently gave
the amount of P400 which his mother used to buy their food. What is the status of the
contract? Is it valid or voidable?(5points)
The contract is voidable because the mother of S is deemed to have ratified the
contract.
In cases where minors agreed into contracts without the knowledge of their parents or
guardians, the contract can be transformed into voidable contracts. It both parties are
incapacitated to give consent, contract maybe unenforceable but can be ratified.
As per Article 1407, 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.
2. B purchase 100 pieces of notebook from S P41.95. When B reached home, he discovered
that the invoice showed the total amount due of P4,915 instead of P4,195. Is the
contract valid?(5points)
This contract is valid. The mistake is a simple mistake of account and does not render
the consent of the parties vitiated. This shall only give rise to correction. Mistake to
vitiate consent must refer to the substance of the thing which is the object of the
contract or to a principal condition which moved the parties to enter into a contract
The excess P720.00 should be returned by B.
According to Article 1331, in order that mistake may invalidate consent, it should refer
to the substance of the thing which is the object of the contract, or to those conditions
which have principally moved one or both parties to enter into the contract.
Mistake as to the identity or qualifications of one of the parties will vitiate consent
only when such identity or qualifications have been the principal cause of the contract.