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0 tracked cards Civil Law and Land Titles and Deeds
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In a private land transaction, an elderly landowner, Mrs. Santos, signs a Deed of Sale with her caregiver’s long-time friend, Mr. Dizon, for Lot 18, Greenfield Subdivision, TD-2024-88 (approximately 480 sqm) at PHP 4,950,000. On signing, the caregiver warns Santos that if she does not sign, she will be placed in a nursing home. After the deed is signed, Santos’s funds are paid and Dizon takes possession. Santos later repudiates the sale, claiming she did not freely consent due to undue influence by the caregiver. Mrs. Santos’s action is that there was no valid contract. The buyer sues, asserting there was a contract. Decide: (i) whether a contract existed, focusing on the elements of consent, object, and cause; (ii) if a contract existed, what remedies would follow upon breach; (iii) if you hold that no contract existed, outline the remedies the buyer could pursue (restitution, damages) and explain why.

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Clara

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