1156

Dacion en pago as distinguished from a contract of sale

• There is a greater freedom in fixing the price

• Obligations are created

• Ownership of the object is transferred to the other party

• A pre-existing credit is extinguished

As a rule, this contract of sale involving a piece of land is void,

• Between a minor and a deaf mute who does not know how to write

• Between two insane persons who did not act during lucid interval

• Between first degree cousins

• Between husband and wife

One of the following is not correct.

• Things subject to a resolutory condition may be the object of the contract of sale

• A thing is generic when it is particularly designated or physically segregated from all others of the same class

• Things having potential existence may be the object of the contract of sale

• The sole owner of a thing may sell an undivided interest therein

A needs a size 10 of model 101 of Delicious Shoes regularly available to the public for her boyfriend B, but the same is out of stock so she placed an order for one. On the other hand, B placed an order for size No. 8, colored violet, (something not ordinarily made by the company) to be given to A. Which is correct?

• Both are contracts of sale

• Both are contracts for a piece of work

• First is a contract of sale, second is a contract for a piece of work

• First is a contract for a piece of work, second is a contract of sale

A offered to sell for P12,000,000 her house and lot to B who was interested in buying the same. In her letter to B, A stated that she is giving B a period of one month within which to raise the amount and that as soon as B is ready, they will sign the deed of sale. Five days before the expiration of the one month period. A went to B and told her that she is no longer willing to sell the property unless the price is increased to P15,000,000. Which is correct?

• B may compel A to accept the P12,000,000 first offered

• A may compel B to pay P15,000,000

• A and B should shoulder the P3,000,000 difference

• B cannot compel A to accept the P12,000,000 first offered

A, 17 years old, sold to B, of legal age, her necklace worth P20,000 for P15,000. Later, B sold the necklace to C for P20,000. Which of the following statements is correct?

• A has got a voidable title because at the time of sale, she is a minor

• A can ask for rescission of the sale to C because she suffered a lesion of more than ¼ of the value of the property

• If C is in bad faith, C becomes the owner of the necklace upon delivery to him but his title is voidable

• A can ask for the annulment of the sale to C because at the time of sale she is a minor

A sold to B orally a parcel of land for P200,000. A effected the delivery of the land. The payment of the price was to be made three months later. At the end of the three months period

• B may refuse to pay claiming in his defense the Statute of Frauds

• B may return the parcel of land to A

• A can collect from B because the contract has already been executed

• B may refuse to pay on the ground that there is no written contract to support the sale

On January 10, 2015, A sold for P2M her house and lot to B. It was agreed that delivery of the house and lot, and the payment therefore, would be made on March 1, 2015. Unfortunately, C a stranger negligently set the house on fire on February 25, 2015, and the house was completely destroyed. Which is correct?

• B is not required to pay the P2M since the contract had no subject matter

• A must still deliver the lot but is excused from delivering the house, while B must still pay the P2M

• A must still deliver the lot while B should pay only the amount equivalent to the value of the lot

• A need not deliver the lot while B need not pay the P2M

This serves as a proof of the perfection of the contract of sale

• Dacion en pago

• Option money

• Delivery

• Arras

A contract of sale is not a(an)

• Onerous contract

• Accessory contract

• Commutative contract

• Bilateral contract