X and Y entered into a contract of sale over a parcel of land with an area of 4,000 square meters more or less. When the title was issued, it was 14,475 sq. meters. The buyer contended that he owned the whole lot of 14,475 sq. meters as it was sold in lump sum, hence, the seller should deliver the whole lot. Is the buyer correct?
A)The buyer is correct because in sale in lump sum, the whole property is sold regardless of the area.
B)The seller can be compelled to deliver the 14,475 sq. meters because it is covered by the phrase "more or less".
C)The seller cannot be compelled to deliver the 14,475 sq. meters because the phrase "more or less" covers only a reasonable excess deficiency.
D)The seller can be required to deliver the 14,475 sq. meters because the numerical data are not the sole gauge of unreasonableness of the excess or deficiency in area.

Question

Quizplus · Accepted Answer

The seller cannot be compelled to deliver the 14,475 sq. meters because the phrase "more or less" typically allows for a reasonable variance in the stated area, not a substantial increase as seen in this case.

X and Y Entered into a Contract of Sale Over