RFBT

Which of the following is not a characteristic of sale?

• Bilateral

• Gratuitous

• Consensual

• Nominate

Silva sold Bien a land, which is owned by Canunto. Is the sale valid?

• No, because Silva does not have the right to sell things which he does not own.

• No, he should first acquire the title legally from Canuto before he can sell it to Bien.

• Yes, it is sufficient that he be the owner at the time he is to deliver the object.

• Yes, it is valid until annulled.

If the seller is not the owner, the sale is null and void. Which is not an exception?

• When the owner of the goods is by his conduct precluded from denying the seller’s authority.

• When the goods were sold in a merchant’s store, or in fairs, or markets.

• When the seller subsequently acquires title.

• When the buyer acquires the property without knowledge of the bad faith of the seller.

Ababao and Bancaso entered into a “contract to sell” in private writing involving a specific parcel of land worth P2M. Bancaso paid 50% of the purchase price, balance payable in 3 years. Ababao delivered the land to Bancaso. What is the effect of the delivery of the land to Bancaso?

• Bancaso is the owner because there was delivery already.

• Bancaso can compel Ababao to execute a deed of sale in a public instrument.

• The partial payment made Bancaso the owner of the land.

• Ababao is still the owner because the price is not yet fully paid.

Dacion en pago is distinguished from sale

• The object is always existing and specific.

• There is greater freedom in fixing the price.

• There is no pre-existing obligation.

• The cause is the price.

Mimmodto entered the Sugbo Restaurant and ordered a dozen fresh oysters in their shell. While eating, Mimmodto noticed an almost perfect pearl in one of the shells. He is about to take it when Maliksi, the restaurant owner, claims the pearl. To whom does the pearl belong?

• To Mimmodto because the contract of sale was already perfected.

• To Maliksi, because Mimmodto has not yet paid the food he ordered.

• To the State because the pearl is considered as national treasure.

• To both Mimmodto and Maliksi, each of them being entitled to half of its price.

Mr. Marical Bonifacio orders for his workers 1,000 pieces of T-shirts ranging in size from small to large from Magellan Garments Mfg. Corp. The specified sizes, although not available, are manufactured by said corporation and consigned to its sales outlets regularly. The contract entered into by Mr. Bonaficio with the Magellan Garments Mfg. Corp. is a:

• Contract for a piece of work.

• Contract subject to a resolutory condition.

• A contract of sale.

• Answer not given.

Connie transferred to Violeta a parcel of land for a price of P100,000; P30,000 to be paid in cash and for the difference, she will convey her car worth P70,000. What kind of contract is this?

• Lease contract

• Contract of sale

• Obligation of sale

• Barter

Shaolo sold to Balo his land worth P2M for P1.5M only, thus resulting to inadequate price. The sale is:

• Rescissible

• Voidable

• Unenforceable

• Valid

Sawana offered his car to Bacopa with the understanding that the price shall be at the discretion of Bacopa. As agreed upon, Bacopa fixed the price at P350,000 although its fair market value was P250,000 only. It is clear therefore that the price fixed is beneficial to Sawana. Before acceptance of the price by Sawana, is there already a sale?

• No perfected sale as there was no consent on the price.

• There was a perfected sale, the amount was already fixed by the buyer and will surely be accepted by the seller.

• Yes, because the fixing of the price by Bacopa is properly authorized by Sawana.

• Yes but it is voidable due to mistake committed by Bacopa in the fixing of the price.