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Q. |
A is the owner of a parcel of land. He entered into a contract to sell with B with an obligation to pay the price within one (1) year. B failed to pay. State the effect of non-payment. |
A. | The contract is rescissible, for failure of B to pay. |
B. | The contract is void for failure to pay the price. |
C. | A does not need to perform an act of rescission because the payment of the price is a positive suspensive condition, the happening of which would result in A executing the deed of sale. |
D. | A can go to court and compel B to pay. |
Answer» C. A does not need to perform an act of rescission because the payment of the price is a positive suspensive condition, the happening of which would result in A executing the deed of sale. |
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