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0 tracked cards Civil Law and Land Titles and Deeds
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X owns Lot Zenith and agrees to sell it to Y for PHP 5,900,000. They execute a deed of sale drafted by X's counsel, which states there are no encumbrances and that the title is marketable. Unknown to Y, X's financier, who has a confidential relationship with X, pressured him to sign quickly and caused him to sign without independent advice. In addition, X knows there is a long-standing mortgage on Lot Zenith in favor of Bank C and there is a tenant’s lease on the property not disclosed. Y pays the price and the deed is delivered with the intention that title passes. After discovery of the undue influence and the encumbrances, Y sues for rescission and damages. (a) Identify the essential contract element defective in these facts and name the doctrinal basis governing it. (b) Is the contract voidable or void? Explain the applicable remedy. (c) How do third-party encumbrances (the mortgage to Bank C and the occupant’s lease) affect the remedies and the outcome if Y rescinds?

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Clara

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