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Philippine Bar review · Question

Practice question: Right of First Refusal

Multiple Choice Medium Jurisprudence

Practice question

A covered property is offered to the right holder for P12 million, then offered to a third party for P9 million on otherwise identical terms while the right remains effective. The holder was never given the P9 million opportunity. Does the higher offer necessarily establish full compliance?
  1. Yes, any earlier offer always suffices
  2. No, the materially different favorable third-party price must be assessed against the holder's contractual priority
  3. Yes, because price is irrelevant
  4. Yes, because the third party exists
  5. No, because the owner can never sell to anyone

Legal references

  • Equatorial Realty Development v. Mayfair Theater, GR 106063, November 21, 1996, main decision: https://lawphil.net/judjuris/juri1996/nov1996/gr_106063_1996.html
  • Riviera Filipina v. Court of Appeals, GR 117355, April 5, 2002, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/50682

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