All ▸ Bar 2024 ▸ COMMERCIAL AND TAXATION LAWS ▸ I. CORPORATION LAW (R.A. No. 11232, Revised Corporation Code) ▸ A. General Principles ▸ 1. Nature and Attributes - Section 2

Question

A. General Principles, particularly on the topic of Nature and Attributes

Scenario:

John purchased a piece of land from Mark. The contract of sale indicated that the land is titled and free from any encumbrances. After the sale, John decided to have the land surveyed for the purpose of constructing a house. However, during the survey, it was discovered that a portion of the land encroaches on the adjacent property owned by Sarah. John confronted Mark about this issue, but Mark denied any knowledge of the encroachment and insisted that the land he sold to John was what was indicated in the contract.

Questions:

What is the nature and attributes of a contract of sale?
Who bears the risk of the encroachment on Sarah's property?
What legal remedies are available to John in this situation?

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