BUSINESS LAW BUSINESS LAW
QUIZ –Law on Sales –Part I QUIZ –Law on Sales –Part I
1. A form of delivery which takes place after the seller of
1. A form of delivery which takes place after the seller of the property continues in possession of said propertythe property continues in possession of said property No longe
No longer as r as owner owner but as but as a mera mere possese possessor:sor: a.
a. TrTraditio aditio constitutum constitutum possessorium possessorium c. c. TTraditio raditio brevi-manubrevi-manu b.
b. Traditio Traditio calvis calvis d. d. Quasi-TraditioQuasi-Traditio . !hen goods are delivered to the buyer on "sale
. !hen goods are delivered to the buyer on "sale or return#$ the ownership passes to the buyer:or return#$ the ownership passes to the buyer: A.
A. %pon %pon delivery delivery of of the the goodsgoods b. %pon
b. %pon the the e&piration e&piration of the of the period period agreed agreed uponupon c. %pon
c. %pon acceptable acceptable of thof the buyer e buyer of the of the sellers sellers o'ero'er d.
d. %pon %pon perfection perfection of of the the salesale
(. !hen are delivered to the buyer on approval$ trial
(. !hen are delivered to the buyer on approval$ trial or satisfaction$ the ownership passes to the buyer:or satisfaction$ the ownership passes to the buyer: a.
a. %pon %pon delivery delivery of of the the things things c. c. %pon %pon conception conception of of the the salesale b.
b. %pon %pon meetings meetings of of minds minds d. d. %pon %pon the the return return of of the the things things to to the the sellerseller ). * orally appointed A as his agent to sell the formers land. +n ,anuary ($ 1$ A sold the land to who for ). * orally appointed A as his agent to sell the formers land. +n ,anuary ($ 1$ A sold the land to who for w
wiitthh ttooookk
possession thereof
possession thereof. /t turned out however$ that on ,. /t turned out however$ that on ,anuary 1$ 1$ *$ without inforanuary 1$ 1$ *$ without informing A$ had already soldming A$ had already sold
tthhee ssaammee
land to 0$ who up to now
land to 0$ who up to now has not taken possehas not taken possession of the same land. Neither of ssion of the same land. Neither of the sales was registhe sales was registered.tered. !
!hhoossee ccoonnttrraacctt
shall shall prevailprevail
a. The sale
a. The sale to for to for he was 2he was 2rst in possesrst in possession in good sion in good faithfaith b. The sale to 0
b. The sale to 0 for the land was 2rst sold to him by the for the land was 2rst sold to him by the ownerowner c. Those sale to for the
c. Those sale to for the agent was duly authori3ed to sell the land.agent was duly authori3ed to sell the land. d. The sale to 0 becau
d. The sale to 0 because the sale to wase the sale to was void$ A was not ds void$ A was not duly authori3ed by *uly authori3ed by *..
4. 5 sold to A in a memorandum of agreement of the sale of his parcel of land. After a week$ 5 sold the same 4. 5 sold to A in a memorandum of agreement of the sale of his parcel of land. After a week$ 5 sold the same
llaanndd ttoo
in a formal de
in a formal deed of sale. %pon bued of sale. %pon buying the lanying the land$ who was award$ who was aware of the sale to A$ immede of the sale to A$ immediately tooiately tookk p
poosssseessssiioonn tthheerreeooff
and registered the sale in his favor
and registered the sale in his favor. !hen informed of the second sale$ A sub. !hen informed of the second sale$ A subse6uently registered an adversese6uently registered an adverse c
cllaaiimm wwiitthh
the 7egistry of 8
the 7egistry of 8eeds. The parcel of eeds. The parcel of land shall belong to:land shall belong to: a. A
a. A because he because he has the has the older titleolder title b. because the sale to him
b. because the sale to him was in a formal deed of salewas in a formal deed of sale c. becau
c. because he 2rst se he 2rst registered the registered the sale in his sale in his favorfavor d. becaus
d. because he was e he was the 2rst pothe 2rst possessor of tssessor of the land.he land. 9. /n case of redemption$ which of the following will not be paid
9. /n case of redemption$ which of the following will not be paid by the seller to the buyerby the seller to the buyer a. &penses incidental to the sale paid by
a. &penses incidental to the sale paid by the buyerthe buyer b. Necessary
b. Necessary e&penses made&penses made on the on the thing e thing soldsold c. The
c. The consideration of consideration of the sale the sale paid by paid by the buyerthe buyer d. The
d. The interest interest on the on the purchase purchase priceprice ;. 8acron en *ago as
;. 8acron en *ago as distinguished from sale:distinguished from sale: a.
a. The The ob<ect ob<ect is is always always e&isting e&isting and and speci2c speci2c c. c. There There is is no no pre-e&isting pre-e&isting obligationobligation
b. T
b. To deliver the o deliver the immediately since the immediately since the sale has been sale has been perfectedperfected c. T
c. To deliver the o deliver the car after car after the buyer demands the buyer demands deliverydelivery d. 7escind the
d. 7escind the contract for the time of contract for the time of performance not 2&performance not 2&eded >.
>. A$ and 0 are co-owners of a parcel of land pro-indivisA$ and 0 are co-owners of a parcel of land pro-indiviso. A sold his share to in an absolute deed of saleo. A sold his share to in an absolute deed of sale !hich
!hich is is correctcorrect a. The deed of sale b
a. The deed of sale between A and is etween A and is void since it was madvoid since it was made not in favor of a e not in favor of a third personthird person b. 0 may e&ercis
b. 0 may e&ercise his right of re his right of redemption on the interesedemption on the interest of A sold to t of A sold to c. 0 may r
c. 0 may redeem only ? edeem only ? of the sharof the share sold by e sold by A to A to d. 0 cannot e&er
d. 0 cannot e&ercise the right of rcise the right of redemption since the saledemption since the sale was made to a co-ownee was made to a co-ownerr
1. /f the same thing was sold to di'erent buyers$ the ownership shall pertain to the one who has taken 1. /f the same thing was sold to di'erent buyers$ the ownership shall pertain to the one who has taken possession
possession there
there of of in in good good faith faith if if movablesmovables The seller is
The seller is liable to the liable to the buyer for any buyer for any hidden defect of hidden defect of the thing sold the thing sold only if was only if was aware thereof aware thereof a.
a. @irst @irst statement statement true true second second is is false false c. c. oth oth are are truetrue b.
b. oth oth are are false false d. @irst d. @irst is is false$ false$ second second is is truetrue 11. The buyer has the right to
11. The buyer has the right to the fruits of the things:the fruits of the things: a.
a. @rom @rom the the time time the the fruits fruits have have been been delivereddelivered b. @
b. @rom rom the time the time the obligthe obligation to ation to deliver deliver the thing the thing bought bought arisesarises c.
c. @rom @rom the the time time of of perfection perfection of of the the salesale d. @rom the time the thing is about to delivered d. @rom the time the thing is about to delivered
1. 5 sold his cat to for $. . No payment has been made and the sale document does not provide for 1. 5 sold his cat to for $. . No payment has been made and the sale document does not provide for
tthhee ddaattee
of the
of the delivery .efore delivery .efore the delivery the delivery and payment and payment the cat the cat gave birth gave birth to a to a kitten.kitten. a.
a. entitled to entitled to the kitten the kitten which wwhich was boras born after n after the perfthe perfection of ection of the salethe sale b. 5
b. 5 entitled to entitled to the fruit the fruit as as has not has not yet paid yet paid the pricethe price c. 5
c. 5 entitled to entitled to the fruit the fruit because it because it was borwas born before n before his obligation his obligation to deliver to deliver the catthe cat d.
d. should pay should pay an additional an additional amount for amount for the kitten the kitten to be to be entitled to entitled to it.it.
1(. 5 delivered his car to by way of a sale with the understanding that on the day following such delivery 5 1(. 5 delivered his car to by way of a sale with the understanding that on the day following such delivery 5 will
will
name and 2& the price.
name and 2& the price. The said day came and The said day came and 5 telephoned and s5 telephoned and stated and 2&ed the tated and 2&ed the price at *hp1.price at *hp1. /s
/s the the sale sale perfectedperfected a. B
a. Bes because es because the price the price was named was named and 2&ed and 2&ed on the on the agreed dateagreed date b. No
b. No the price the price was lwas left to eft to the discrthe discretion of etion of the seller the seller onlyonly c. B
c. Bes since es since there wthere was already as already delivery of delivery of the thing the thing sold.sold. d. No
d. No the price the price 2&ed by 2&ed by the seller the seller was not was not accepted by accepted by the buyerthe buyer 1). Three of the
1). Three of the following are option money. !hich is the e&ceptionfollowing are option money. !hich is the e&ception a.
a. Civen Civen when when contract contract of of the the sale sale is is perfectedperfected b. Civen
b. Civen when therwhen there is e is no contracno contract of t of sale$ but sale$ but as a as a considerationconsideration c. Civen
c. Civen to bind to bind the o'erthe o'eror in or in a unilateral a unilateral promise promise to buy to buy or sellor sell d.
d. Civen Civen as as the the consideration consideration distinct distinct from from the the priceprice 14. /n a sale$ this is
14. /n a sale$ this is actual delivery:actual delivery: a. &
a. &ecution ecution and sand signing igning of the of the deed of deed of salesale b. Coods
c. !hen A deprived the possession of the leased car$ he has no further action against the latter for any unpaid rentals
d. A shall return the rentals without deductions to by virtue of the rescission of the contract of lease with
option to buy
1;. A o'ered in writing to sell his house and lot for *hp 1 to on ,anuary $ 1. re6uested A to give him one month to raise the amount. +n ,anuary 4$ 1 A informed that he has raised the price to *hp 1.4.
0an compel A to accept the payment to *hp 1 for the sale of the house and lot a. Bes because A is already estopped by his written o'er of *hp 1
b. No because the one-month option period has not yet e&pired c. No because there is as yet no perfected sale
d. No because the seller has the sole discretion in 2&ing the price with or without the concurrence of the buyer
1=. !hich of the following may not be the ob<ect of a contract of sale a. The things having potential e&istence
b. Things$ the ac6uisition of which depends upon a contingency which may or may not happen. c. Eain hope or e&pectancy
d. Things sub<ect to resolutory condition
1>. !hen delivery takes place by mere consent or agreement of the parties as when the vendor merely points to the thing sold which shall thereafter be at the disposal of the vendee if the thing sold cannot be transferred to the
possession of the vendee upon sale:
a. Traditio symbolica c. Traditio longa manu
b. Traditio brevi manu d. Traditio constitutum possessorium
. A placed an order with for one hundred pieces of T-shirts which were then not available but manufactured by and consigned to its sales outlets regularly. The contract between A and is:
a. 0ontract piece of work c. 0ontract of sale
b. 0ontract of lease of service d. 7enumetory contract
1. A sold a parcel of land to .Thereafter $ A sold the same land to 0 who immediately took possession of the
land in
good faith ./n this case $ the proper remedy of is: a. Ask for the annulment of the sale of 0
b. @ile on action in court against 0 to recover the land
c. /nstitute an action for damages against A for breach of contract
d. @ile on action for rescission of the sale to 0 due to the damage su'ered by him
. A seller sold to a buyer a piece of <ewelry at the price of *hp 1.The contract provides that the buyer will pay
the seller cash of *hp .) and deliver the buyers car worth *hp .9 .The contract is: a. arter b. 5ale c. *artly sale and partly barter d. 0ommodatum
(. A delivers to his parcel of land worth *hp 1 in e&change for the car of worth *hp .4 and cash in the
b. may recover the car from 0 because the former was 2rst buyer c. may claim damages from A for breach of contract of sale
d. can 2le an action to annul the sale to 0 even if 0 is in good faith in buying the car
4. A contract of sale is unenforceable if it is not in public instrument and it refers to a sale of real property A sale of house through an agent whose authority is oral is void.
a. oth statements are true c. 5econd is true$ 2rst is false
b. oth are false d. @irst is true$ second is false
9. /n case of double sale$ priority is given to the buyer in good faith$ that is$ whether registrant$ possessor or with
the oldest title.
a. @irst statement is false$ second is true c. oth are false
b. @irst is true$ second is false d. oth are true
;. A sold his own land to who began to possess it. Fater$ 0$ a stranger$ sold the same land to 8 who in good faith
registered the sale and thus obtained the title in his name. The owner is: a. 8 is the owner for he was the 2rst to register in good faith
b. A remains to be owner because 0 had no authority to sell c. A still the owner because did not register the sale
d. is the owner because the owner is his seller and he has taken possession of the land.
=. 5 sold his land to . Then 5 became Gs tenant on the land. 5ubse6uently$ 5 sold the same land to 0. Neither sale was registered. !ho should be the owner
a. 5 remains to be the owner because neither of the contracts of sale was registered b. 0 is the owner because the possession of the land was not transferred to as buyer thereof c. is the owner since he bought the land from 5 as owner thereof and has possession of the same d. 5 retains the ownership of the land because he still has possession
>. A sold his land to . Fater A sold the same land to 0. in turn sold the same land to 8$ who took possession of
the land in good faith. 0$ a purchaser in good faith registered the sale in his favor .8ecide: a. is the owner of the land because he was the 2rst buyer
b. 0 is the owner of the land having registered the sale in good faith
(. A husband and his wife were living together under a con<ugal partnership of gains. Fater$ because of a 6uarrelthe wife left husbands without <udicial approval .They have thus been living apart for more than ten years. The wife
later sold her land to the said husband. /s the sale valid
a. The sale is valid because the spouses have been separated for more than ten years
b. The sale is valid because after the separation there is already a separation of properties between spouses
c. The sale is void because of the absence of separation of properties between spouses d. The sale is void because the spouses are living apart
(1. /n a contract of sale$ the buyer becomes the owner upon delivery of the thing sold as a rule. Non-payment of
(. The seller of a thing must have right to transfer the ownership thereof at the time of the meeting of the minds parties:
The sale of a mere hope or e&pectancy is deemed sub<ect to the condition that the thing will come into e&istence
/t is a sale however of present thing$ that is$ the hope itself already e&isting
a. oth statements are correct c. @irst is correct$ second is incorrect
b. oth are incorrect d. @irst is incorrect$ second is correct
((. A sold to in a private instrument parcel of land for *hp 4$. now wants A to place the contract in a public instrument so that could register the sale with the 7egistry of 8eeds and secure the Transfer 0erti2cate
of Title in his name. 8ecide:
a. A may not be forced or compelled to e&ecute the public instrument since the sale is unenforceable being
in private
instrum ent only.
b. A cannot re6uired to place the contract in a notari3ed deed of sale because the contract is void not being in
public instrument
c. A can be re6uired to e&ecute the public instrument if only has paid the purchase price d. A ha s the obligation to e&ecute the public instrument because the contract of sale is enforceable (). A sold to orally a parcel of land for *.4. 8elivery and payment were made to four months later. !hen
the said
date arrived A refused to deliver the land .0an compel A to deliver
a. Bes because the sale has been perfected already and obligations of the parties are reciprocally demandable
b. Bes because there was an agreement to deliver after four months and that should be respected by the parties
c. No because the sale although valid is unenforceable HH d. No because the sale is void$ being orally entered into
(4. A sold to a particular pencil for *4.. The sale is oral. /t was agreed that the payment and delivery are
to be made
after two years from the sale .At the stipulated period A refused to deliver alleging he has no obligation to do
so ./s A correct
a. Bes because the sale is voidable and cannot be enforced b. Bes because the contract is unenforceable it being an oral contract
c. No because the contract is enforceable since the price is less than 2ve hundred pesos d. No the contract is valid$ binding and therefore must be given e'ect
(9. A bought a car from who is an insane manI later A sold the same car to 0 who was in good faith having no knowledge of the voidable character of the sale. /n this case$ after delivery:
a. 0 could not ac6uire title to the thing because his seller A had no ownership to transfer to him because was insane person who was not able to give consent to the sale which is void
b. 0 cannot ac6uire title to the thing despite his good faith because the sale by to A could be annulled
since it is
voidable sale
c. 0 ac6uires good title to the thing as an innocent purchaser for value. Dis sellers title only voidable which
has not
a. A may demand the delivery of the entire land with proportionate increase of the price b. A may re<ect the e&cess of 4 s6. m and accept only the 1$ s6. m
c. A may rescind the contract of sale because what was delivered is not in accordance with the contract
d. None of the above
(=. A buys a land from at the lump sum of *1. /n the contract the area is stated to be 1$ s6. m .The boundaries
were mentioned in the contract. /t was discovered$ however$ that the land within the boundaries really contains
1$4 s6. m. !hich of the following is not a right of A
a. A may demand the delivery of all the 1$4 s6. m without any price increase
b. /f refuses to deliver to all the 1$4 s6$ m A may demand proportionate reduction in the price c. A may rescind the contract of sale if does not deliver all that is included in the boundaries d. A may treat the contract as void ab initio because the ob<ect is not determinate to its kind (>. ven in the absence of doubt$ a sale with right of repurchase is presumed to an e6uitable mortgage
/n conventional redemption$ it is not necessary that the parties agree upon the period within which redemption
may be e&ercised
a. oth statements are correct c. oth are incorrect
b. @irst is false$ second is true d. @irst is true$ second is incorrect
). A bought pair of shoes from a shoe store and repair shop. /t was later discovered$ however$ that the shoes
did not
belong to the store but to a customer who had left the same for repair .8id A ac6uire good title to the shoes
a. No because it was sold by the store which is not the owner thereof
b. No because it is the fault of A in not e&isting diligence in buying the shoes as to its real ownership 0.Bes because it was bought from a store in good faith for value
d. Bes because the owner of the shoes was preclude from setting up the want of authority of the store in selling the shoes
)1. !arranty against eviction as well as against hidden defect may waived by the vendee provided the vendor in good faith
!aiver intencionada the part of the vendee will absolutely e&empt the vendor from liability a. oth statements are false c. @irst is false$ second is true
b. oth are true d. @irst is true$ second is false
). /n waiver consent there is no warranty against eviction but the seller is still liable to pay the value of the thing
at the time of eviction if it takes place.
a. oth statements are correct c. @irst is correct$ second is incorrect b. oth are incorrect d. @irst is incorrect$ second is correct
)(.A$ and 0 are co-owners in e6ual shares of one hectare rural land $ the ad<oining owners to which are 8 and
$ the latter
owing the smaller area . A donated his share of the land his share of the land owned in common to J who is a rural
landowner. %pon proper notice of the sale $ 0$ 8 and south to e&ercise the right of legal redemption over the shares
)). /n case eviction takes place the sells is obliged to return to the buyer the price he paid for the thing sold. /n case the thing is lost due to its hidden defect$ the vendor shall to the vendee the value at the time of loss.
a. oth statements are true. c. @irst is false$ second is true.
b. oth are false. d. @irst is true$ second is false.
)4. /n the sale of goods$ if the seller deliver more than the 6uality agreed upon$ the buyer may rescind the 0ontract of sale.
The seller shall have the right of legal redemption only if this right has been agreed upon between the sellers
and the buyer.
a. oth statements are true$ second is false. c. @irst is false$ second is true.
b. oth are true. d. @irst is true$ second is false.
KLK
)9. /f several person$ <ointly and in the same contract$ should sell an undivided immovable with a right of repurchase$ none of them may e&ercise this right for more than his respective share.
ach one of the co-owners of an individual immovable who have sold his share separately$ may independent e&ercise the right of repurchase as regards his own share$ and the vendee cannot compel him to redeem the whole property.
a. oth statements are true$ second is false. c. @irst is false$ second is true.
b. oth are true. d. @irst is true$ second is false.
);. The creditors of the vendor cannot make use of the right of redemption against the vendee$ until after
they have
e&hausted the property of the vendor
The vendor is responsible to the vendee for any hidden faults or defects in the thing sold if so stipulated by the parties
a. @irst statements are false$ second is true. c. oth statements are false b. 5econd statement is false$ 2rst is true d. oth statements are true
)=. Three of the following are the remedies of the buyer in case of the breach of warranty by the seller. !hich is
not included
a. Accept or keep the goods and set up the breach of warranty by way or recoupment or e&tinction of the price
b. 7escind the contract of sale and refuse to accept the thing or if already delivered refuser to return the same
c. Accept or keep the goods and claim damages for the breach of warranty d. 7efuse to accept the goods and claim damages for the breach of warranty
)>. /n the sale of immovable property$ if it has been stipulated that upon failure to pay the price at the time agreed upon$ the rescission of the contract shall of right take place$ the vendee may still pay despite the demand
for rescission
/n the sale of movable property $ the rescission of the sale shall of right take place if the vendee $ upon the e&piration
of the period 2&ed for the delivery of the thing $should not have appeared to receive it$ or having appeared
h h ld
ring as the one she had lost about a year before. There was no 6uestion as to the truth of +Gs allegation. /n case:
a. + cannot recover the ring from because the latter was in good faith when bought the ring from 0. b. + cannot recover the ring from because it was lost by him M+ and found by 0$ therefore 0$ as 2nder
will be keeper and owner could transfer ownership to $ an innocent purchaser for value
c. 0 is the one liable to + for damages while becomes owner who could not be disposed being an innocent purchaser
for value
d. + can recover the ring from even if he is an innocent purchaser for value because 0 did not have title to convey
to .
41. J the owner of a certain <ewelry delivered through same to B "on sale or return# upon a speci2ed period of time.
B sold the said <ewelry to O$ but retains the price .0an J recover the <ewelry from O a. J can recover the <ewelry from O being unpaid seller whose ownership was not transferred to B upon delivery to him
b. J can recover the <ewelry from O but after reimbursement of the price paid
c. J cannot recover the <ewelry from O because his seller MB has transferred ownership to him
d. J cannot recover the <ewelry from O because it was sold by his agent B to O and his only recourse is to go after
B for his failure to remit the payment to him.
4. A sold his piano to $ who immediately paid the price .ecause the piano$ was at the repair shop at the time of the sale$ no delivery was made. !hile at the said place$ 0 as a creditor of A who has failed a suit against him attached the piano. ay oppose the attachment
a. may oppose the attachment on the ground that he already was the owner of the same after he immediately
paid the price
b. may oppose to the attachment because there was already constructive delivery to him of the piano and therefore
he is owner of the same
c. may not oppose the attachment because although he is not yet the owner of the piano$ he has already paid the
price and has preference over the thing than 0.
d. may oppose the attachment because he is not yet the owner despite payment of the price as there is no delivery yet.
4(. A sold to his car .There was no 2&ed date for the performance of their respective obligations. The
obligation of
as vendee is:
a. To immediately pay the price because their obligations are demandable at once being pure obligation. b. To pay upon the demand by the vendor
c. To rescind the sale because there was no agreement as to when their obligations shall performed d. To pay at the time of delivery
4). * authori3ed A to sell the formers car. A sold the car to J. !ithout knowledge of the sale to J$ * sold the same
44. 5 sold to his parcel of land valued at *1 only for a measly sum of *.4 because if his poor <udgment on the real value of the land and the ability of to bargain for a low price. The sale therefore is:
a. Eoidable due to inade6uacy of the price b. 7escissible because 5 su'ered lesion or damage
c. *resumed e6uitable mortgage due to the unusually inade6uate price d. Ealid although may be annulled because of vitiated consent of 5.
49. /n payment of his debt to J$ A ceded his one half M1P share in a parcel of land he co-owned with . therefore:
a. Das the right of pre-emption as a co-owner b. Das the right of redemption as a co-owner
c. Das no right of redemption nor pre-emption since the transfer was not of sale
d. Das the right to compel J to buy his ? share of the land to prevent co-ownership between J and himself 4;. /n case if doubt$ a sale with a right of repurchase or without a right of repurchase shall be construed as an e6uitable
mortgage .The seller therefore:
a. ay ask for the reformation of the instrument hehe b. ay ask for the annulment of the contract
c. ay ask the court for the declaration of nullity of the contract d. 5hall be bound to perform his obligation as seller
4=. A sold to J his ? share of the parcel of land he co-owns with . 0 owns the parcel of the land ad<oining that of A and . oth and 0 want to redeem the share of A which latter sold to J.
a. 0 shall be preferred to in the redemption form J.
b. Gs right as co-owner e&cludes that of 0$ the latter being only an ad<oining owner c. 0 has a better right to the redemption as an ad<oining owner
d. and 0 shall e6ually redeem the share of A
4>. /n contract to sell of a parcel of land it was stipulated that upon failure to pay the price at the time agreed upon for payment$ the sale is automatically rescinded. Dence$ if the buyer fails to pay as agreed upon:
a. The sale shall not be rescinded as a matter of right and the buyer may still pay as long as there is no
demand for
rescission
b. The rescission of the contract of sale shall of right take place c. The rescission of the contract to sell shall of right take place
d. 0ontract to sell or contract of sale$ rescission of the sale shall of right take place
9. 5 sold to his dog which he knew was aicted with a disease. The parties agreed that there is no warranty against
hidden defect. After$ delivery$ the dog was struck by lightning and thus died. a. 5 is not liable to pay any amount because the dog was loss due to fortuitous event b. 5 is not liable because of the waive agreed upon between and himself
c. 5 is not liable to return the price paid by because the waiver is void d. 5 is liable for the price less the value of the dog at the time of loss.
BUSINESS LAW QUIZ ON SALES-PART II
1. A contract whereby the contracting parties obligate him to transfer the ownership of and to deliver a determinate
thing and the other to pay therefore a piece certain money or its e6uivalent is a contract of:
a. arter b. 5ales c. 8acion en *ago d. ortgage
. The following are the essential elements of a contract of sale e&cept a. 0onsent of the contracting parties
b. 5ub<ect matter which would be determinate c. *rice which is certain in money or its e6uivalent d. !arranty against eviction and against hidden defects (. The following are the characteristics of a contract of sale$ e&cept
a. *rincipal which means that a contract of sale can e&ist by itself
b. 7eal which re6uires the delivery of the ob<ect of the contract of sale for its perfection c. +nerous. !here rights are ac6uired in e&change of a valuable consideration d. ilateral which means that both parties are bound reciprocally to each other
). +ne of the following characteristics of 8acion en *ago is a characteristic of a contract of sale. !hich is it a. there is a pre-e&isting credit
b. obligation are e&tinguished
c. there is less freedom in 2&ing the price
d. ownership of the ob<ect is transferred to the other party
4. The following are characteristics of a contract of sale e&cept one which refers to payment by cession a. there is a pre-e&isting credit
b. obligation are e&tinguished
c. there is less freedom in 2&ing the price
d. assignee of the property ac6uires the right to sell the thing but not the ownership thereof 9. The following items pertain to either a contract of sale or a contract to sell.
/. +wnership of the thing sold is transferred upon delivery
//. +wnership of the thing transferred to the buyer at some future time ///. The risk of loss on the buyer
/E. The risk of loss on the seller
ased on the above data$ which of the following is correct a. /tems / and /// pertain to a contract to sell
b. /tems /
c. / and /// pertain to a contract to sell d. /tems // an /E pertain to contract of sale
e. /tems / and /// pertain to a contract of sale
;. !hich of the following is not a re6uisite of the ob<ect of a contract of sale a. it must be within the commerce of men
b. it must be licit
c. it must be determinate thing
a. /tems / and // pertain to emptio rei sperati c. /tems // and / pertain to emptio rei sperati b. /tems // and /// pertain to emptio spei d. /tems // an /E pertain to contract of sale e. /tems / and /// pertain to a contract of sale
>. 5 sells to 4 sacks of rice at 1$ $ per sack from the stock then stored in the warehouse of 5. %nknown to the parties$ the warehouse contains only for )= sacks or rice. !hat it the status of the contract a. The sale is void since the 6uantity available is less than the 6uantity sold
b. The sale is valid up to )= sacks of rice but void as to the de2ciency of sacks of rice
c. The entire sale is valid up to 4 sacks of rice becomes. becomes the owner of the whole stock available
and 5 must
deliver the de2ciency of sacks of rice
d. The sale is valid up to )= sacks of rice but rescissible as to the de2ciency of sacks of rice by reason of
damage su'er by
.
1. 5 sells to at *4 per litter ( litters of gasoline stored in his trucks tank which unknown to the parties$ contains
4 litters .!hat is the status of the contract of sale between 5 and a. The sale is void since the 6uantity available is less than the 6uantity sold
b. The sale is valid up to 4 litters of gasoline . must pay for the additional litters
c. The entire sale is valid up to 4 gasolines of litters. becomes the owner of (P4 whole of the stock$ while 5 becomes the
owner of P4 thereof
d. The sale is rescissible because 5 will su'er lesion of more than R of the value of the whole stock 11. The seller must be the owner of the property he sells because he must transfer the ownership thereof to
the buyer .The delivery of the thing may sold may be by mere agreement of the parties
a. oth statements are true c. oth are true
b. +nly the 2rst is true d. +nly the second is true
1. 5 and entered into a contract whereby 5 transferred to speci2c car for the price of $.$ while gave
To 5 >$. in cash and a diamond ring with worth 11$. .The heading of the written contracts reads
"0ontract of 5ale#
a. The contract is void because the intention of the parties is void since the value the diamond ring is more than
monetary consideration given
b. The contract is valid contract as intended by the parties regardless of whether the monetary consideration
is more or
less than the value of the property consideration
c. The contract is valid contract of the barter since the value of the property is given more than the monetary consideration
The intension of the parties is immaterial
d. The contract is partly a contract of barter and partly a contract of sale 1(. The price in a contract of sale is certain e&cept
a. !hen the parties have 2&ed or agreed upon de2nite of 2&ed amount b. /f the price is certain with reference to another thing certain
a. The contract is perfected on ,anuary 4 when the ring is delivered by 5 to
b. The contract is perfected on ,anuary 1 when the parties had a meeting of minds on the ob<ect and the price
c. The contract is perfected on ,anuary ; when the price is paid since both parties would then have
performed their
obligations in the contract
d. There is no perfected contract because the sale was made orally
14. A sum of money paid or a thing delivered upon making of a contract for the sale of goods to bind the bargain
the delivery and acceptance of which makes the 2nal assent of both parties to the contract. a. +ption oney b. arnest oney c. 7eservation oney d. 8own payment
19. 5 orally o'ered to sell a certain diamond ring to for 4$.. accepted the o'er and to prove that he
was in
earnest$ he gave 5 1$..The parties agreed that the delivery of the ring and the payment of the price
would be
( days later .+n due date: a. 5 may collect from *4$ . b. 5 may collect from *)>$ .
c. 5 cannot enforce payment because the contract was verbal d. 5 cannot enforce payment because there was no contract of sale yet.
1;. +n ,une 1$ 9 5 sold to 4 units of machines which were scheduled to arrive from ,apan. The sale was evidenced by an invoice identifying each machine by serial number. ach machine was priced at 1$.
%nknown to the parties$ ( units were damaged beyond repair by seawater on ay (1$ 9. ased on the foregoing$ which of the following statements is incorrect
a. may rescind the whole contract
b. may demand delivery of the remaining units and pay the price therefore
c. 5 may re6uire payment of the whole shipment from since 5 was not aware of the damage caused on
the machines
at the time of sale
d. 5 has no option to rescind the whole contract or re6uire payment of the remaining units
1=. /t refers to the delivery of the thing$ from hand to hand in case of movables$ or the taking or possession with
the respect to immovable$ in the presence with the consent of the vendor a. Actual or real delivery b. Traditio longa manu b. Traditio constitutum d. Traditio brevi manu
1>. 8elivery of incorporeal property may be through any of the following means e&cept a. &ecution of public document
b. *lacing the titles of ownership in the possession of the vendee c. %sed by the vendee of his rights$ with debtors consent d. &ecution of private instrument
. !hich of the following statements on the transfer of ownership of the thing sale in trial is incorrect a. +wnership of the thing is transferred to the vendee when he signi2es his approval or acceptance to the vendor
1. +n arch 1$ 9 5 sold and delivered to a television set for 1$. on sale or return giving up to arch 19$ 9
within which to return the television the set. +n arch 19$ 9 the television set was burned through no fault of
. based on the foregoing$ which of the following statements is incorrect a. 5 does not have to replace the TE set.
b. 5 must be the loss since the time for the return of the television set had not yet e&pired c. The ownership of the television set was transferred to upon delivery to him. d. must bear the loss of the television set.
. /n a contract of sale of personal property the prince of which is payable in installments$ the vendor may e&ercise any of the following remedies$ e&pert.
a. &act ful2llment of the obligation$ should the vendee fail to pay any number of installments. b. 0ancel the sale should the vendeeGs failure to pay cover two or more installments
c @oreclose chattel mortgage on the property if the vendeeGs failure sale if they have a stipulated d. @oreclose chattel mortgage on the property if the vendeeGs failure two or more installments but he may no
longer recover any de2ciency after the foreclosure sale.
(. T stole a ring belonging to +. 5ubse6uently$ the o'ered for sale at public auction where J$ who was not aware that the ring was stolen$ bought it. A few weeks later$ + saw the ring and recogni3ed it as
his. ased
on the foregoing information$ which of the following statements is correct
a. + may recover the ring from J without reimbursing J since + was unlawfully deprived of the ring b. + may recover the ring from J but he has to reimburse J since J ac6uired title of the ring c. + may no longer recover the ring even if he is willing to reimburse J.
d. J did not ac6uire title to the ring since the auctioneer had no valid title thereto.
). !here the seller of goods has a voidable title thereto$ but his title has not been avoided at the time of the sale$ the buyer ac6uires title to the goods. 5uch ac6uisition of title has the following re6uisites e&cept a. The buyer must have bought the goods in good faith
b. The buyer must have bought the goods in good faith.
c. The buyer bough them without notice to the sellerGs defect of title. d. The seller is good faith.
4. 7$ 5 and T are co-owners of an undivided parcel of the land. 7 sold 1P( interest to T in a deed of absolute sale.
!hich is correct
a. 5 may e&ercise the right of redemption on the interest sold by 7 and T. b. 5 cannot e&ercise the right of redemption.
c. The sale made by 7 to T is voidable.
d. 5 may redeem only ? of the interest sold by 7 to T.
9. 8 obtained from 0 a loan amounting to *4$ . the same being secured by a mortgage on 8Gs lot. Thereafter$ 0 assigned his credit right to T with notice to 8. base on the foregoing facts$ which of the following
5tatements are incorrect
a. T cannot collect from 8 if 8 not gives his consent to the assignment. b. T can collect from 8. 8Gs consent to the assignment is not re6uired
c. T can collect from 8 and 8 cannot pay$ T can foreclose the mortgage on the lot
d. T notice to 8 of the assignment is suScient. 8 must make his payment to T and no longer to 0
a. Fegal mortgage b. 6uitable mortgage c. 0onventional mortgage d. Eoluntary mortgage =. /f a movable property is sold separately to two or more di'erent vendees$ ownership shall belong to the person:
a. !ho is good faith 2rst paid the purchase price in full
b. !ho is good faith 2rst recorded the sale in the 7egistry of *roperty c. !ho is good faith presents the oldest title
d. !ho is good faith 2rst took possession of the property >. A contact of sale is perfected:
a. %pon compliance with the re6uirements of the law as to form b. %pon delivery of the ob<ect of the contact
c. %pon the meeting of the minds on the thing which is the ob<ect of the contact and upon the price d. %pon demand
(. A contact of a sale is not a:
a. *rincipal contact b. Nominate contact c. 0onsensual contact d. 7eal contact (1. The following may not be valid ob<ects of a contact of sale e&cept:
a. +b<ects outside the commerce of men c. @uture goods
b. /llicit thing d. /mpossible service
(. This is a kind of symbolic delivery where the vendor remains in possession of the property sold$ such as by virtue of a lease agreement with the vendee.
a. Traditio longa manu c. Traditio constitutum possessorium
b. Traditio brevi manu d. 8elivery to common carrier
((. !hen the goods are delivered to the buyer$ the ownership thereof passes to the buyer inI a. 5ale on approval b. 5ale or return c. 5ale on trial d. 0ontact to sell
(). 5 promised to sell his car to for *$ . giving ( days to decide. accepted the promise of 5 and informed 5 that he M would make known his decision before the lapse of ( days. De also gave 5 * $. as consideration so that 5 would hold on to his promise. The contact entered into between 5 and and consideration so that 5 would hold on to his promise. The contact entered into between 5 and and consideration given by to 5 are known as:
a. +ption contact and option money$ respectively b. 0ontact of sale and earnest money$ respectively c. 0ontact of sale and down payment$ respectively d. 0ontact of sale and reservation money$ respectively (4. 7efer to No.().
a. 5 may withdraw his o'er to sell before the lapse of ( days by informing b. 5 may not withdraw his o'er before the lapse of ( says
c. 5 may withdraw his o'er by returning the amount of * $. that was paid to him by
d. 5 may withdraw his o'er even before the lapse of ( days if a favorable price$ i.e.$ more that * $.$ is o'ered to
him by another prospective buyer
(9. The 7ecto Faw applies to which of the following e&les of sale a. 5ale of a car on straight term
same lot to J$ also through a deed of sale duly acknowledged before a notary public. J had the sale registered with the
7egister of 8eeds. Neither nor J was aware of the same sale made by 5 to the other and neither took physical
possession of the lot. !ho is the present owner of the lot a. $ because he was the 2rst purchaser in good faith b. J$ because he registered the sale in good faith c. Neither or J
d. 5$ as long he does not surrender physical possession of a lot.
(=. purchased from 5 a laptop computer worth *1$ .. The term of sale provide for a down payment of *..
with the balance payable in = e6ual monthly installments. To secure the balance$$ 5 re6uired to e&ecute 0hattel mortgage on the laptop computer and Gs lot. complied with all the re6uirements but defaulted in the payment of
the third and fourth installments. Theses remedies are available to 5 e&cept one. !hich is it a. 0ancel the sale.
b. &act ful2llment of the obligation.
c. @oreclose the real mortgage and thereafter recover any de2ciency from .
d. @oreclose the chattel mortgage and thereafter foreclose the real mortgage incase of de2ciency. (>. 5 and entered into a contract where 5 transferred to a speci2c piano for the price of *=$ .$ while gave to 5
cash.
+f *($ . and a diamond ring worth *4$ .. !hat kind of contract was entered into between 5 and
a. A contract of barter. b. A contract of sale . c. The contract of sale.
d. The contract is an in nominate contract because the intention of the parties cannot be determined. ). +ne of the distinctions between option money and earnest money isI
a. The consideration paid for the purpose of holding one to his promise to buy or sell a determinate thing for certain
period of time.
b. Not part or the purchase price.
c. *roof of the perfection of the contract of sale. d. *aid before the perfection of the contract of sale.
)1. This refers to the warranty of the seller that he has the right to sell the thing at the time when ownership is to pass$ and
which can be enforce if the buyer is deprived of the property sold by a 2nal <udgment in court a. !arranty against hidden defects. c. !arranty against evection. b. !arranty of merchantable 6uality. d. !arranty of possession.
). !ho was in Dong ong$ made an overseas call to a$ his friend$ to sell *Gs lot in Que3on 0ity immediately as * needed cash
Accordingly$ A sold the lot to . the deed of sale as in a public document. The sale of *Gs lot isI
a. Ealid b. 7escissible c. %nenforceable d. Eoid
)(. +ne of the distinctions between a contract of sale and a contract for a piece of work is that a contract for a
d. Das for its consideration the price of the thing
)). A and are co- owners of a rural lot not e&ceeding 1 hectare. The lot is surrounded on its sides as followsI on the North$
by the road$ on the ast$ by the lot of J consisting of hectares$ on the south$ by the lot of B consisting of 1P hectare$
and on the west$ by OGs lot consisting of U hectare. A sells his undivided interest in the agricultural lot to T$ who owns
hectares of rural land in the area. !ho has the right of legal redemption over the undivided interest in the lot sold by A to
T
a. b. J c. B d. O
)4. /t is an aSrmation of fact or any promise by the seller relating to the thing which has a nature tendency to induce the
uyer to purchase the same$ relying on such promise or aSrmation.
a. 0ondition b. false representation c. !arranty d.
5ellerGs talk
)9. /n one of the following cases$ the ownership of the thing ob<ect of the contract is transferred to the other party upon
delivery.
a. 0ontract to sell b. Agency to sell c. 5ale or return d.
);. %nder the "7ealty /nstrument uyer Act#$ the buyer or real estate on installment payments may pay an installment defaulted without additional interest if he has paid at least two years of installments .The law
is applicable
to salesPtransactions involving:
a. /ndustrial lots c. 7esidential lots
b. 0ommercial buildings d. 5ales to tenants under the Fand 7eform
Faw
)=. 5 the owner of a rent-a-car business leased one of his cars to for one month .+n the day of the e&piration
of the
lease and while was still in possession of the car$ o'ered to buy the car from 5 for $..
elieving the price
to be a good one$ 5 readily accepted Gs o'er and then and there e&ecuted a deed of absolute sale in favor
of who
immediately paid the in price in cash. Thereafter$ drove away from place of 5. a. The delivery of the car by 5 to is by constitutum manu
b. The delivery of the car by 5 to is by Traditio longa manu c. The delivery of the car by 5 to is by Traditio brevi manu
d. There was no delivery because should have turned over the possession of the car to 5 upon the
e&piration of the lease
so that 5 could make the proper delivery to him upon the e&ecution of the contract of sale
)>. called on 5 at the shoe factory of 5 for the latter to make a pair of shoes which would be needing in the play "7omeo and ,ulietV. provided 5 with the description of the pair of shoes that he wanted since 5 did not
manufactured the kind of shoes that needed. 5ince 5 and had been neighbors for a long time$ their agreement
was sealed with a handshake
a. The contract between 5 and becomes enforceable if 5 had already completed making a pair of shoes b. The contract between 5 and becomes enforceable if had already paid agreed upon for the work c. The contract between 5 and is enforceable even if it is still e&ecutory
d. The contract cannot be enforced by either party because it was not in writing 4. !hich of the following contract of sale is void
a. +ral sale of a piece of land made through an agent whose authority in a public instrument
b. 5ale of a piece of land in a public instrument made through an agent whose authority was given orally by the principal
c. 5ale of a piece of land in private instrument made through an agent whose authority is in a public instrument
d. 5ale of a piece of land in private instrument made through an agent whose authority is in a public instrument
BUSINESS LAW QUIZ ON SALES – PART III
1. +n ,uly 4$ 9 A sold for * her house and lot to . /t was agreed that delivery of the house and lot$ and the
payment therefore would be made on August 1$ 9 .%nfortunately$ 0 negligently set the house on 2re on
,uly 9$ 9
. /f immovable property should have been sold to di'erent vendees$ the ownership shall be transferred to the person
a. !ho have 2rst taken possession in good faith b. !ho present s the oldest title in good faith
c. !ho in good faith 2rst recorded it in the 7egistry of *roperty d. !ho have paid in good faith the purchase price in full
(. %sing the preceding number if movable property it shall belong to the person a. !ho have paid in good faith the purchase price in full
b. !ho in good faith 2rst recorded it in the 7egistry of *roperty c. !ho present s the oldest title in good faith
d. !ho have 2rst taken possession in good faith
). Action by the vendee against the vendor to nullify the sale due to some vices or defects which render the
ob<ect of
sale unit for the use intended or knowledge of which $ the vendee would not have bought the thing
a. accion 6uanti minoris c. accion pauliana
b. accion reinvidicatoria d. redhibilitory action
4. Action seek to a corresponding reduction in price by reason of some vices or defects in the thing purchased
a. accion 6uanti minoris c. accion pauliana
b. accion reinvidicatoria d. redhibilitory action
9. The redhibitory action based on the faults or defects animals must be brought within
a. ( days from the delivery to the vendee c. )4 days from the delivery to the vendee b. ) days from the delivery to the vendee d. 9 months from the delivery to the vendee ;. /n contract of sale$ if the price is absolutely simulated the sale is
a. %nenforceable b. Eoidable c. Eoid d. 7escissible
=. /n a contract of sale of personal property $ the price of which is payable in installments $the vendor may e&ercise any
of the following remedies e&cept
a. e&act ful2llment of the obligation should the vendee fail to pay any installment b. cancel the sale$ should the vendeeGs failure to pay cover two or more installments
c. foreclose the chattel mortgage on the thing sold $ if one has been constituted should be vendees failure to pay to recover
two or more installments
d. rescind the sale should the vendee fail to pay any installment
>. The right of the seller to stop the goods in transit upon discovering that the buyer does not have the funds to pay for the goods
a. pre-emptive right c. voting right
b. appraisal right d. right of stoppage in transit
1.A sold to a parcel of land for *(.= .The sale is evidenced by a memorandum of agreement of sale .+ne week later$ A
sold the same parcel of land to 0 for *). This is evidenced by a formal deed of sale. %pon buying the
property$ 0$ was
who was aware of the 2rst sale$ immediately took possession of the lot .!hen informed of the second sale$ subse6uently
11. Eoluntary renunciation made by the buyer of his right to warranty against eviction where in case the buyer is evicted
the seller is liable to the value of the thing at the time of eviction
a. waiver intencionada c. waiver cursunada
b. waiver consciente d. waiver inocente
1. %sing the preceding number where the seller is no longer liable
a. waiver intencionada c. waiver cursunada
b. waiver consciente d. waiver inocente
1(. A contract of sale whereby the seller ac6uires the right to redeem or repurchase the ob<ect of the sale from the buyer
within a certain period agreed upon
a. e6uitable mortgage c. on sale or return
b. absolute sale d. pacto de retro sale
1). A sold to his car and promised to deliver ten days later .The ne&t day$ after the sale to $ A sold the same car to 0
immediately e'ected delivery. +n the day agreed upon$ A did not deliver the car to . !hich is correct a. can cancel the contract between A and 0 because the contract between A and was perfected ahead
of the contract
between A and 0
b. should make a demand to make A in default
c. A is liable to for the value of the car plus damages after makes a demand d. A is liable to for damages and is in default without need of any demand
14. A sold to her 7, guitar . /t was agreed that A would 2& the price a week later. At the agreed time$ A
named the price
1$. agreed. !as the sale perfected
a. No because the price was left to the discretion of one of the contracting parties b. No because at the time of sale the price was not 2&ed
c. Bes because the price 2&ed by one of the parties was accepted by the other d. Bes because there was agreement that A would the 2& the price
19. Not an implied warranty in a contract of sale
a. 7ight to sell the thing at the time of perfection of the contract b. 7easonably 2t for the purpose they are ac6uired
c. erchantable in 6uality
d. @ree from charges or encumbrances not declared or known to the buyer
1;. After death of 0$ A$ 0Gs son$ sold his inheritance though its amount has not yet been determined to for a consideration
of 1$$.!hich is correct
a. The contract is valid if the value of inheritance is at least e6ual to 1$$
b. The contract is valid even though the inheritance to be turned over to is less than *1 c. The contract is void as future inheritance cannot be the ob<ect of sale
d. The contract is unenforceable
1=. A stole a fountain pen from * and sold it to erchandise a "store for pens#$ which paid for it in good faith$
1>. !hen goods are deliver to the buyer on sale or return for period of seven days$ ownership of the goods
passes to
the buyer
a. %pon perfection of the contract
b. %pon acceptance by the buyer of the o'er of the seller c. %pon e&piration of seven days
d. %pon delivery of the goods . Quasi-Traditio is e6uivalent to
a. Traditio longa-manu c. Traditio constitutum possessorium b. Traditio brevi-manu d. uyer has the title of ownership
1. imported radios from ,apan and asked for volts capacity. The radios arrived clearly labeled volts
and
sold them to the public as such. Fater a customer complained that the radios have been mislabeled by the manufacturer
a. is liable to the vendees for any hidden defects even though he is not aware b. is not liable because he is in good faith
c. is not liable under the principle of "caveat emptor# or let the buyer beware
d. The vendees may hold the manufacturer liable but because specially asked for volts . /f redemption is to be made by the seller one of the following need not to be given to the buyer
a. e&penses of the contract c. necessary e&penses on the thing sold b. interest on the price of the sale d. price of the sale
(. Not an element of the sellersG right of stoppage in transit
a. the good must be in transit c. the seller must be in possession of the goods b. the buyer must be insolvent d. the seller must be unpaid
). A sold his only car to for ($ to be paid as follows: 14$ upon delivery of the car to and the
balance at
1$ per month until full payment of the purchase price. Fater the car gets burned in the possession of through
fortuitous event before full payment of the balance ./s obliged to pay the balance
a. No because the car was lost through a fortuitous event and without Gs fault $hence Gs obligation is e&tinguished
b. No because the loss should be borne by the seller as this an installment sale so until the buyer
pays the full
amount of the price of the sale $ A remains to be owner
c. Bes but A must give another car to because of the principle genus nun6uam peruit or generic
thing never
persihes
d. yes because of the principle res perit domino or the thing perishes with the owner
4. A and 0 are owners of an undivided parcel of land$ A sold his 1P( interest to absolutely.!hich is correct
a. 0 may e&ercise his right of redemption on the interest sold by A to
b. 0 cannot e&ercise the right of redemption because the sale was made in favor of a co-owner c. The sale made by A to is void because it was made in favor of a stranger
;. !hich of the following cannot be an ob<ect of contract of sae a. incorporeal property
b. young of animal not yet conceived at the time of perfection c. land which seller e&pects to buy
d .ob<ect outside the commerce of man
=. A o'ered for sale to cavans of wagwag rice and 2&ed the price per cavan at *1 over the price o'ered
at BG store
in Quinta arket.The price is
a. not certain because the price at 6uinta market is not stated b. ceratin because it has got reference to another thing which is certain c. certain bcause there is a price ceiling for price of rice
d. not cerain so the court may 2& the price
>. A o'ers to 1 electric fans for =$ payabel in 9days with 1W imterest per annum. accepted the
o'er by
telegram provided that interest is reduced to 9W ./f there is no futher communucation between A and relating to the terms
a. the contract is perfected because of the acceptance by
b. there is no contract yet between a nd b because b made a counter o'er c. there contract is perfected under the terms of a
d. there is no contract yet unless b gives earnest money
(.A owns 4 mango trees bearing fruits ready for harvest.5he sold all the fruits of all the trees to who paid *1$. A told that he can harvest her fruits anytime he likes and pointing at the mango trees.@or legal purposes$ A has
ful2lled her obligation to deliver the mango fruits to by
a. tradito brevi-manu c. traditio longa-manu
b. tradito symbolica d. traditio consitutum possessoruim
(1. A sold her speci2c car to for $ payable in 4 e6ual installments. A delivered the car to but a
mortgage was
constituted on the car to anwer for the unpaid installments paid the 2rst installments but failed to pay the
last (
installments. A foreclosed the mortgaged and sold it at public auction for 1$.!hich is correct a. a can recover from b the balance of $ even if there is no stipulation to that e'ect b. a can recover
c. a cannot recover the de2ciency e&cept if there is stipulation to the e'ect d. a cannot recover the de2ciency even if there is stipulation to the contrary (. +wnership of the thing sold is
a. retained by the seller in "sale or return#
b. transferred to the buyer upon constructive or actual delivery of the thing sold c. ac6uired by the buyer upon perfection of the contact
d. transferred to the buyer upon acceptance of the price
((. B sold his horse to O for * 4$. No payment has yet been made and the sales document does not provide the date of delivery. efore delivery and payment the horse gave birth to a colt. !hich is correct
a. O is entitled to the colth which was born after the perfection of the contact b. B is entitled to the fruit Mcoltas O has not paid the price yet
(4. A seller sold to a buyer a piece of <ewelry at a price of *$. The contact provides that the buyer will pay the 5eller
cash-*14$ and for the balance$ thebuyer will give the seller a micro oven worth *4$. !hat is the nature of the
conract
a. sale c. barter
b. partly d. commodatum
(9. A guardian of $ sold Gs house and lot worth )=$ for )$ a. the contract can rescrinded because of inade6uacy of price
b. the contract cannot be rescinded because there is no fraud $ mistake or undue inXuence c. the contract cannot be rescinded because all the elements of the contract are present d. the contract can be rescinded by A
(;. A leased to a TE 5et for two years at a leased rental fee of 1$ per month and signed an option in favor of to
buy the TE set at the end of the term of the lease at 9$.All rental fees paid are to be considered as partial payment
of the sale .After 1 months was able to pay the rentals feesfor > months and was in arrears for three
months.A terminated
the lease contract and repossessed the generator.The conse6uence of the transaction is a. a can collect the rental fees for three months which are in arrears
b. a can collect the rentals fees for the une&pired 1 months of the lease contract c. when a took posssession on the generator $ he has no further action against b (=. 5 sold to a parcel of land for *1 infake bills.The sale is:
a. void because there was no valid cause or consderation $ the bills being fake
b. voidable only since there was consideration but due to fraud delivered fake peso bills. c. valid sale because of valid cause of *1 price
d. void because of false cause which is the counterfeit currency
(>.The buyer is obliged is to pay interest on the price from the time of delivery of the thing sold up to the
time of payment
in three following instances e&cept a. should it have been stipulated b. should the thing produce fruits or income
c. should the vendee be in default in the payment of the price d. should the vendee be insolvent
). The seller is liable for e&press warranty only if there is stipulation on the warranty
/f it is stipulated that there is no warranty against hidden defect$ the seller is still liable for the value of
the thing lost
due to the hidden defect.
a. both satements are false c. 2rst is true$ second is false
b. both are true d. 2rst is false $ second is true
)1. !aiver consciente and intencionada apply to both hidden defect and eviction 7escission of the sale may be resorted to by the vendee incase of total eviction
a. both satements are false c. 2rst is true$ second is false
b. b has the right to complain for breach of warranty against hidden defect despite the thing being sold
under a patent
or trade name.
c. s is not liable for hidden defect even if the thing sold is un2t for the particular purpose for which it is soldI d. s is liable for hidden defect only if it was stipulated
)(./mplied warranties as provided by law are enforceable only if so agreed upon by the seller and buyer in a contract of
sale.
ven if there is waiver of warranty against eviction and eviction should take place the seller is liable to pay the value
at the time of the sale
a. 2rst statement is true$ second is false c. both are false b. second is true$ 2rst is false d. both are true
)). bought on installment a car and e&ecuted a chattel mortgage on the same in favor of the seller 5 as
security for the
unpaid balance of the price.They agreed that shall be liable for any de2ciency that may arise after
foreclosure of
mortgage. failed to pay two installments.5 2led a case for collection of the unpaid balance and attached the car and other
asstes of .
a. 5 cannot attach the other assests of b because the 7ecto Faw applies only in case of law b. 5 can attach the car and other assets of as this provided
c. 5 cannot go after the other assets of as this as provided for under the 7ecto law in case of the
seller e&acting speci2c performance of the buyers obligation to
pay
d. 5 can attach all the assets of in e&acting ful2llment of Gs obligation to pay
)4. 5 sold to a dog on <anuary 1$ . Two days after delivery$ the dog su'ered some illness which caused itGs death.
is now suing 5 for breach of warranty against hidden defect because the dog died within three days after delivery. 8ecide
a. 5 is liable because the disease e&isted within three days after purchase
b. 5 is not liable if he was not aware of the disease$ which caused the death of the dog c. 5 is liable of he were in bad faith
d. 5 is not liable because the disease did not e&ist at the time of purchase. )9. /n contract to sell$ the buyer becomes owner upon delivery of the thing sold.
/n contract of sale$ the buyer becomes owner upon payment of the price. a. both statements are true c. 2rst statement false$ second is true b. both are false d. second is false$ 2rst is true
);. A contract of sale may be absolute or conditional. /n pacto de retro sale$ the repurchase is suspensive condition that will give rise to a sale.
a. 2rst statement is false$ second is true c. both are false statements b. second is false$ 2rst is trueI d. both are true
)=. 8 deposited his goods in the warehouse of ! who issued to 8 a warehouse receipt stating that the goods are to be delivered to bearer. Thereafter$ A obtained possession of the warehouse receipt from 8 in e&change
for what A claimed
to be a bar of gold$ which$ however$ was discovered by 8 to be fake. 8 demanded the return of the warehouse receipt from A but same had already been negotiated by A to D who purchased the document for value$ in good faith and without notice that
8 was deprived possession thereof by fraud. The negotiation by A to D is: a. voidable b. valid c. void d. rescissible
)>. purchased a pair of leather shoes from the store of 5. 5hortly after leaving the store $ decided to return
and re6uested
5 the owner to place a protective rubber covering on the sole of each shoe.5ince the <ob re6uired at least (
minutes to
complete $ left the store of 5 to shop at the neighboring stores. !hen he returned to the store of 5 after ( minutes $ the
pair of shoes was nowhere to be found ./t turned out the that 0$ a sales clerk $ had sold the pair of shoes that
0$ a sales
clerk $ had sold the pair of shoes that bought to J $ another customer. a. J ac6uired ownership of the pairs of shoes earlier bought by . b. J did not ac6uire ownership of the pair of shoes earlier bought by .
c. remained the owner of the pair of shoes that he had bought despite its sale to J. d. 5 re6uired ownership of the pair of shoes when it was brought to him for additional work.
4. 5 sold 4 shares of stocks of 5am iguel 0orporation to at *4. per share. The transfer of the o6wnership of the shares of stock may be made through any of the following means e&cept.
a. &ecution of the sale in a public instrument.
b. The giving by 5 of of the power to vote in the stocksholderGs meetimg of 5an iguel 0orporation and its actual
e&ercise thereof by
c. The issuance by 5 of the stocks certi2cate covering the 4 shares of stocks and its placing it in the possition of .
