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WorksheetsAE3-RFLIB#1
Total questions: 20
Worksheet time: 10mins
The following are the essential elements of a contract of sale, except:
consent of the parties
subject matter which should be determinate
price which is certain in money or its equivalent
warranty against eviction and against hidden defects
The following are the characteristics of a contract of sale, except:
principal, which means that a contract of sale can stand by itself
real, which requires the delivery of the object of the contract of sale for its perfection
onerous, where rights are acquired in exchange of a valuable consideration
bilateral, which means that both parties are bound reciprocally to each other.
One of the characteristic in dacion en pago is also a characteristic of a contract of sale. which is it?
there is pre-existing credit
obligations are extinguished
there is less freedom in fixing the price
ownership of the object is transferred to the other party
The following are characteristics of a contract of sale except for one which refers to payment by cession. which characteristic refers to a payment by cession?
there is no pre-existing credit
the cause or consideration is the price
there is more freedom in fixing the price
assignee of the property acquires the right to sell the thing but not the ownership thereof.
One of the following is not a requisite of the object of a contract of sale . which is it?
it is within the commerce of men
it must be licit
vendor must have the right to transfer the ownership of the thing at the time of the sale.
it must be determinate or determinable
Jomayi sells to Anayi 500 sacks of rice at P1,000.00 per sack from the stock then stored in the warehouse of Jomayi. unknown to the parties, the warehouse contains only 480 sacks of rice. what is the status of the contract between Jomayi and Anayi?
the entire sale is valid up to 500 sacks of rice. Bermejo becomes the owner of the whole stock available and Santiago must deliver the deficiency of 20 sacks of rice.
the sale is void since the quantity available is less than the quantity sold
the sale is valid up to 480 sacks of rice but void as to the deficiency of 20 sacks of rice
the sale is valid up to 480 sacks of rice but rescissible as to the deficiency of 20 sacks of rice by reason of damage suffered by bermejo.
The price in a contract of sale is certain, except:
when the parties have fixed or agreed upon a definite amount
if the price is certain with reference to another thing certain
if the fixing of the price is left to the discretion of one of the contracting parties and the price fixed is not accepted by the other party
if the price fixed is that which the thing sold would have on a definite day or in a particular exchange or market.
S orally offered to sell a certain diamond ring to b for P50,000.00. B accepted the offer and to prove that he was in earnest, he give S P1,000.00. the parties agreed that the delivery of the ring and the payment of the price would be made 30 days later. on due date:
S may collect from B P50,000.00
S may collect from B P49,000.00
S cannot enforce payment because the contract was not reduced to writing
S cannot enforce payment because there was no contract of sale yet
A sum of money paid, or a thing delivered upon the making of a contract for the sale of goods, to bind the bargain, the delivery and acceptance of which makes the final assent of both parties to the contract.
option money
earnest money
reservation money
down payment
An unpaid seller has the following rights, except:
A lien on the goods or the right to reatin them for the price while he is in possesion of them.
in case of insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the possession of them.
a right of repurchase
when he has obtained judgment for the price of he goods.
On May 1, 2004, S sold B through a private instrument 20 sacks of corn stored in the only warehouse of S. on May 10, 2004. S delivered the keys to the warehouse to B. the delivery made by S to B is known as:
symbolic delivery by traditio clavium
traditio longa manu
constructive delivery by legal fromalities
traditio brevi manu
The following may not be valid objects of a contract of sale, except:
objects outside the commerce of men
illicit things
future goods
impossible service
S promised to sell his car to B for P200,000.00 giving B 30 days to decide. B accepted the promise of S and Informed S the he (B) would make known his decision before the lapse of 30 days. he also gave S P2,000.00 as consideration so that S would hold on to his promise. The contract entered into between S and B and te consideration given by B S are known as:
contract of sale and earnest money, respectively
contract of sale and down payment, respectively
Contract to sell and reservation money, respectively.
option contract and option money, respectively
S and B entered into a contract whereby S transferred to B a specific piano for the price of P80,000.00, while B gave to S cash of P30,000.00 and a diamond ring worth P50,000.00. what kind of contract was entered into between S and B?
A contract of barter
a contract of sale
the contract is partly a contract of barter and partly a contract of sale
the contract is innominate contract because the intention of the parties cannot be determined
Juan bought a piece of land from Jose for a lump sum of P120,000.00. Aside from mentioning the boundaries in the contract which is required in the sale of real estate, the contract also states that the piece of land consists of 1,000 square meters. before delivery, Jose discovered that the piece of land actually contains 1,200 square meters.
Jose must deliver all the 1,200 square meter; Juan must pay P120,000.00 plus an additional amount for the excess of 200 square meters.
Jose is required to deliver only 1,000 square meters; Juan must pay the contract price of P120,000.00
Jose must deliver all the 1,200 square meters; Juan has to pay only P120,000.00
Neither party is required to perform the obligation because of mistake.
Marco sold a registered piece of land to Ramon on May 1, 2021 in a public instrument. on may 3, 2021, Marco sold in a private instrument the same piece of land to Ella, who took physical possession of the land. neither buyer was aware of the sale made to the other.
The land belongs to Ramon
The land belongs to Ella
The still belongs to Marco, because both sales are void.
The land should be divided equally between Ramon and Ella to give effect to both sales.
Refer to number 17. Assume that on May 5, 2003, Marco sold the land in a public instrument to Doming who was not aware of the two previous sales. Doming then registered the sale with Register of Deeds.
The land belongs to Ramon
The land belongs to Ella
The land belongs to Doming.
The land will be equally divided among the three buyers.
Three of the following are the requisites in order that the vendee may enforce the vendor's liability in case of eviction. which one is not?
There must be a final judgment depriving the vendee of a part or the whole of the thing sold.
The vendee must have appealed from such judgment rendered against him.
The deprivation of the vendee is based on a right prior to the sale or an act imputable to the vendor.
The vendor is notified of the suit at the instance of the vendee.
This refers to implied warranty on the part of the seller that he has the right to sell the thing at the time when ownership is to pass, and that the buyer from that time shall have and enjoy legal and peaceful possession of the thing.
Warranty against hidden defects.
Warranty against eviction.
Warranty of eviction
Warranty of possession.
A contract whereby one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing and the other to pay therfor a price certain in money or its equivalent is a contract of:
Sale
Barter
Mortgage
Dacion en pago
