Philippine Bar review · Question

Practice question: Special Fact Doctrine

Multiple Choice Hard Jurisprudence

Practice question

Two share sales both end below the later market price. In one, material facts were fully disclosed; in the other, a proved special duty and serious consent-inducing concealment exist. A reviewer treats later price alone as conclusive fraud in both. Which is correct?
  1. Every later increase automatically proves identical fraud
  2. The actual duty, concealment and effect on consent must be distinguished; later price alone does not establish them
  3. A sale below future price is always void
  4. Disclosure is legally irrelevant
  5. The buyer’s director title guarantees every price

Legal references

  • Civil Code: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360; Articles 1338-1339,1344, applied to special-fact share-purchase disclosure.

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