Philippine Bar review · Question

Practice question: Essential Requisites

Multiple Choice Medium

Practice question

An offer is outstanding when the offeree dies before conveying acceptance. No special rule changes 1323. Can the supposed contract be established solely by the unaccepted offer?
  1. Yes; every unaccepted offer is already a completed contract.
  2. Only a later private wish matters.
  3. The heirs may retrospectively invent acceptance.
  4. The offer automatically becomes a donation.
  5. No; the stated offer became ineffective before acceptance.

Legal references

  • Civil Code Articles748,1306,1319-1326,1356-1368,1372,1376 and1382-1389: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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