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.

Question

Quizplus · Accepted Answer

The non-payment by B means the suspensive condition (payment within one year) for the contract to be fully effective was not met. Therefore, A is not obligated to execute the deed of sale, as the contract's effectivity was contingent upon this condition being fulfilled.

A Is the Owner of a Parcel of Land