Philippine Bar review · Question

Practice question: Right of First Refusal

Multiple Choice Medium

Practice question

The holder is offered a cash purchase, but the third party is offered the same price payable over five years on materially better terms. The binding clause covers the actual terms and no further matching opportunity is given. Is identical headline price alone conclusive compliance?
  1. Yes; schedules can never matter.
  2. Only the number of pages determines equality.
  3. Deferred payment automatically eliminates every priority right.
  4. The holder may demand any unrelated property.
  5. No; the materially different payment terms also require examination.

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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