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Case 5

A orally sold land to B for P300,000, with delivery and payment to occur after six months. When the date arrived, A refused to deliver the land. B cannot compel A to deliver because the sale was oral and not written, and oral contracts for the sale of land are unenforceable under the Statute of Frauds.

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31 views1 page

Case 5

A orally sold land to B for P300,000, with delivery and payment to occur after six months. When the date arrived, A refused to deliver the land. B cannot compel A to deliver because the sale was oral and not written, and oral contracts for the sale of land are unenforceable under the Statute of Frauds.

Uploaded by

exquisite
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Case 5

A sold to B orally a parcel of land for P300,000. Delivery and payment were to be made
after six months. When the said date arrived, A refused to deliver the land. Can B
compel A to deliver?
ANSWER:
No, B cannot compel A to deliver. The sale is valid but it is unenforceable because the
sale is covered by the Statute of Frauds, and according to Article 1403, it is required to
be in writing by the party charged in order that the contract be enforced by action. Here,
A only sold the parcel of land orally. Thus, the contract is unenforceable, and B cannot
compel A to deliver.

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