Home›Bar Review›2023›Mercantile Law›Question 1
Question 1
1. Juan, acting as president of Maharlika Car Dealers Incorporated (MCDI), entered
into a contract of long-term lease with Antonino over a large commercial property
along Pasong Tamo Avenue owned by the latter. When Antonino received a
better offer for the commercial property, and having learned that MCDI was not
formally incorporated with the Securities and Exchange Commission, he sought
to have the contract of lease nullified on the ground that it was void for lack of
the essential element of consent, since the lessee was not a juridical person with
capacity to contract. May Juan, acting on behalf of MCDI, which is in the
process of incorporation, legally insist on the enforceability and binding
effect of the contract of lease as against Antonino? Explain your answer.
Model answer · ALAC
Answer — Legal basis — Application — Conclusion.
AI-drafted in ALAC form and AI-verified against landmark authorities — refined with every round of verification.