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In an action for annulment of a contract of sale, S alleged that the sale was executed by him
through the threat and intimidation of B. It appears, that S deposited the check for the purchase price
and withdrew the money from time to time
8) In this case,
a) The contract may still be annulled
b) The contract is deemed ratified
18) If the thing to be returned is lost through the fault of the person obliged to make restitution
a) There is no more obligation to return such thing
b) The other party cannot be compelled to restore what in virtue of the decree of annulment he is
bound to return
c) His obligation is not extinguish but is converted into an indemnity for damages
d) Both A and B
19) S sold his plow and carabao to B. On the petition of S, The contract was annulled by the court. But
the carabao died in the possession of B through his fault. If the carabao had given birth before its
death, what is the remedy of the party
a) B must pay the value of the carabao at the time of its death, with interest from the same date
b) B must return the plow sold to him by S
c) B must deliver the young, as the fruit of the said animal
d) All of the above
G forced V to take Gs apartment in Makati in exchange for Vs rest house in Batangas. V
subsequently asked for annulment and the court gave the decree of annulment ordering G and V to
return to each other what had been received.
20) If due to Gs fault or due to a fortuitous event, the Batangas rest house is destroyed, G should give
V
a) The rentals of the rest house only
b) The value of the rest house at the time of the loss only
c) Interest on the value of the rest house from the time it was destroyed only
d) All of the above
21) If, due to Vs fault, the Makati apartment is destroyed
a) V loses his right to commence an action to annul the contract
b) V can still annul the contract
c) V may compel G to give back his Batangas rest house
d) All of the above
22) If due to a fortuitous event, the Makati apartment is destroyed
a) V loses his right to commence an action to annul the contract
b) V can still annul the contract
c) V may compel G to give back his Batangas rest house
d) All of the above
23) If V is a minor and the Makati apartment was destroyed by a fortuitous event
a) V can still seek for annulment and recover his Batangas rest house because V will not benefit from the
Makati apartment which has already been destroyed
b) V can still seek for annulment and recover his Batangas rest house but V must pay the value of the
Makati apartment