Practice question
In an otherwise valid oral sale, the seller accepts part of the agreed price as performance under the sale. The sale is now partially executed. The seller invokes the Statute of Frauds as though nothing had been performed. Which is best?
- The Statute of Frauds does not govern the partially executed contract in that manner; acceptance of the contractual benefit also falls within Article 1405’s ratification rule.
- Every oral sale remains unenforceable forever despite accepted performance.
- Part performance necessarily makes the contract void.
- Acceptance of price transfers every unrelated property of the seller.
- The buyer must invent a criminal charge to rely on performance.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1317,1356–1358 and 1403–1408.
- https://lawphil.net/judjuris/juri2023/aug2023/gr_259469_2023.html — Aliguyon v Dummang, GR 259469, August 30 2023, main opinion: Statute of Frauds and partially executed contracts.
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