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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Juanita, registered owner of Lot 23, Block 5, Plan L-3000, TCT No. T-782333, sells to Marco for ₱11,000,000. The Deed of Absolute Sale describes the subject matter as “Lot 23, Block 5, Plan L-3000, area approximately 2,000 square meters, located at Barangay San Rafael, City Verona.” The sale is perfected and possession is delivered upon full payment. A certified survey later shows the actual area is 1,320 square meters, and there is a pending boundary dispute with an adjacent landowner; the title is free of encumbrances. (a) Identify the essential elements of the contract and determine whether the object (the land) is definite. (b) If the object is not definite or the misdescription affects consent, discuss the remedy and who bears the risk of loss before delivery.

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The object is indefinite because area is described as approximately 2,000 sq m; the remedy is reformation; risk of loss on the buyer. All essential elements exist; the land is definite since it is identified by Lot 23, Block 5, Plan L-3000 and TCT No. T-782333; however, because the description states area as 2,000 sq m while the survey shows 1,320 sq m, the misdescription affects consent and the remedy is rescission with return of price; the risk of loss remains with the buyer until delivery. The proper remedy is cancellation and refund of the price; risk of loss on the buyer before delivery. All essential elements exist; the land is definite since it is identified by Lot 23, Block 5, Plan L-3000 and TCT No. T-782333; the misdescription of area does not affect the essential certainty of the object; the appropriate remedy is a price reduction or damages equal to the difference in area, and the seller bears the risk of loss before delivery.

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