Philippine Bar review · Topic
Presumption of Capacity to Act
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Practice questions
- Does capacity to act alone establish that contractual consent was free of fraud or intimidation?
- A competent adult cannot read the contract’s language and alleges mistake or fraud. Does presuming capacity erase1332’s…
- A party’s historical mental condition is established, but the parties stipulate the contract was made during a genuine …
- A plaintiff challenges an adult’s capacity but presents no sufficient evidence of incapacity at execution. The defendan…
- An adult signs a notarized deed. The challenger offers competent contemporaneous evidence sufficient to establish inabi…
- A competent adult alleges fraudulent consent. Explain why proving general capacity does not dispose of that allegation.
- A plaintiff supplies insufficient incapacity evidence and relies on the defendant’s failure to call witnesses. Explain …
- Explain why1332’s language-and-explanation safeguard is not a finding that every person unable to read a particular lan…