Philippine Bar review · Question

Practice question: Right of First Refusal

Multiple Choice Hard

Practice question

In an Equatorial-type case, the purchaser’s lawyers actually reviewed the lease priority clause before acquisition. The purchaser relies only on its absence from the title to deny every notice consequence. Which is best?
  1. Nonannotation always defeats actual knowledge in every case.
  2. Actual knowledge cannot simply be erased by invoking nonannotation alone.
  3. A lawyer’s review is legally impossible.
  4. The purchaser may privately delete the lease.
  5. Every sale automatically cancels every prior contract.

Legal references

  • Civil Code Articles1306,1475,1482,1490-1492,1504,1522-1523 and1589-1590: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Equatorial Realty v. Mayfair Theater, G.R.106063, November21,1996, EN BANC MAIN: https://lawphil.net/judjuris/juri1996/nov1996/gr_106063_1996.html

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