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0 tracked cards Civil Law and Land Titles and Deeds
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A owns Parcel X and negotiates a sale with B for PHP 6,500,000. They execute a deed of sale drafted by A's counsel, which states there are no encumbrances and that title is marketable. Unknown to B, A knows there is an unrecorded mortgage encumbering Parcel X in favor of Bank C and there is a long-standing occupant with a lease not disclosed. A signs and delivers the deed with the intent that title pass. After discovery of the encumbrances and a misdescription of the subject matter (the deed describes Parcel X, but A actually conveys Parcel Y to B), B sues for rescission and damages. (a) Identify the essential contract element defective in these facts and name the doctrine 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 B rescinds?

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Clara

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