NEW
Font size
WorksheetsLaw on Sales
Total questions: 40
Worksheet time: 25mins
First Statement: Sale is not a mode of acquiring ownership.
Second Statement: Delivery is the operative mode that transfers ownership
A. Only the first statement is true.
B. Only the second statement is true.
C. Both statements are true.
D. None of the statements is true.
A deed of sale where the stated consideration had not in fact been paid is:
Valid
Unenforceable
Voidable
Null and Void
The characteristics of a contract of sale are: (1) consensual, (2) bilateral, (3) onerous, (4) principal, and (5) nominate.
A. All of the five
B. 1, 2, 3, and 4 only
C. 1, 2, 3, and 5 only
D. 1, 3, 4, and 5 only
The incapacity of minors, demented persons, imbeciles, deaf and dumb, prodigals and civil interdictees in entering into contracts of sale is:
Relative
Absolute
Partial
Total
If the property regime between husband and wife is the regime of separation of property, a sale by one spouse to another is:
Valid
Unenforceable
Void
Voidable
A contract of sale between husband and wife entered into after a judicial separation of properties has been decreed is:
Valid
Unenforceable
Void
Voidable
A guardian cannot acquire even at a public auction, either in person or through the mediation of another which property?
Property whose administration or sale may have been entrusted to them, unless the consent of the principal has been given
Property of his ward
Property of the estate under administration
Property of the government, its political subdivisions or GOCCs entrusted to him
An executor or administrator cannot acquire even at a public auction, either in person or through the mediation of another which property?
Property of the government, its political subdivisions or GOCCs entrusted to him
Property of his ward
Property of the estate under administration
Property whose administration or sale may have been entrusted to them, unless the consent of the principal has been given
A judge, justice, prosecuting attorney, or clerk of court cannot acquire even at a public auction, either in person or through the mediation of another which property?
Property of the government, its political subdivisions or GOCCs entrusted to him
Property in custodia legis
Property of his ward
Property whose administration or sale may have been entrusted to them, unless the consent of the principal has been given
For a thing to be a valid subject matter, it has to be:
Determinate or determinable, illicit and possible
Determinate or determinable, illicit and impossible
Determinate or determinable, licit and possible
Indeterminate, licit and not impossible
For a right to be a valid subject matter, it must be:
Transmissible
Intransmissible
Encumbered
Levied upon
If there is mere inadequacy of the price, the contract is:
Void
Voidable
Valid
Unenforceable
If the parties really intended a donation or some other act or contract, the contract of sale is:
Valid
Voidable
Unenforceable
Void
Where the price of the thing sold cannot be determined and the thing has been delivered to and appropriated by the buyer, how much does the buyer have to pay?
Reasonable price
Price given by the seller
Price given by the buyer
Nothing
What distinguishes earnest money from option money?
If there is earnest money, in case of non-payment, there can be an action for specific performance only; while if there is option money, an action for specific performance or for rescission can be filed by the injured party.
The earnest money is a distinct consideration for an option contract; while the option money is part of the purchase price.
If there is earnest money, title passes to the buyer upon delivery of the thing sold; while if there is option money, ownership is reserved to the seller and is not to pass until full payment.
If there is earnest money, the would-be buyer is not required to buy; while if there is option money, the buyer is not bound to pay the balance.
First Statement: If earnest money is paid, there is already a sale perfected.
Second Statement: If option money is paid, no sale is perfected yet.
Only the first statement is true.
Only the second statement is true.
Both statements are true.
None of the statements is true.
The following sales must be in writing to be enforceable: (1) sale of personal property at a price not less than P500, (2) sale of real property or an interest therein, and (3) sale of any property not to be performed within a year from the date thereof.
1 and 2 only
1 and 3 only
2 and 3 only
All of three
It refers to an agreement that dominion is reserved in favor of the seller until the full payment of purchase price.
Pactum reservati dominii
Pactum sun servanda
Pactum commissorium
Pactum leonina
It refers to a delivery where the seller points out to buyer the things which are transferred.
Traditio constitutum possessorium
Traditio brevi manu
Traditio longa manu
Traditio symbolica
It refers to a delivery where the seller continues in possession but under a different title other than ownership.
Traditio constitutum possessorium
Traditio longa manu
Traditio brevi manu
Traditio symbolica
It refers to a delivery of rights, credits or incorporeal property, made by placing titles of ownership in the hands of the buyer and allowing buyer to make use of rights.
Quasi-tradition
Traditio longa manu
Traditio brevi manu
Traditio symbolica
Who is preferred in case of double sale of personal property?
Registrant in good faith
Possessor in good faith
Person with oldest title in good faith
Buyer with higher price
What is the order of preference of the following in case of double sale of real property: (1) registrant in good faith, (2) possessor in good faith, and (3) person with the oldest title in good faith?
I, II and III
I, III and II
III, II and I
III, I and II
Who bears the risk of loss and deterioration of the thing sold before perfection?
Buyer
Seller
Both the seller and buyer
None
The remedies of an unpaid seller are (1) possessory lien, (2) stoppage in transitu, (3) resale, and (4) rescission
1, 2, and 3
1, 2, and 4
1, 3, and 4
All of four
What is the effect of waiver of warranty against eviction if the seller is in bad faith?
Waiver is null and void.
Only limits the liability of the seller.
Seller is not liable.
Wipes out the warranty.
What is the effect of a waiver of warranty against the eviction if the buyer has no knowledge of a particular risk?
Waiver is null and void.
Only limits the liability of the seller.
Seller is not liable.
Wipes out the warranty.
What is the effect of waiver of warranty against eviction if the buyer has knowledge of risk of eviction and assumed its consequences?
Seller is not liable.
Waiver is null and void.
Only limits the liability of the seller.
Wipes out the warranty.
It refers to an action to procure the return of a part of the purchase price paid by the vendee to the vendor by reason of such defect.
Accion redhibitoria
Accion pauliana
Accion quanti minoris
Accion quanti majoris
The prescription period to file an accion redhibitoria or accion quanti minoris is __ months from the date of delivery to the vendee.
1
6
9
12
In redhibitory actions based on the faults or defects of animals, the period is __ days.
40
45
30
15
The vendee is liable for interest on the price (1) should it have been so stipulated, (2) should the thing sold and delivered produce fruits or income, and (3) should he be in default, from the time of judicial or extra-judicial demand for the payment of the price.
1 and 2 only
1 and 3 only
2 and 3 only
All of three
The vendee may suspend the payment of price (1) should he be disturbed in the possession or ownership of the thing sold and (2) should he have reasonable grounds to fear such disturbance by a vindicatory action or by a foreclosure of mortgage
1 only
2 only
both of them
none of them
Under Recto Law, the seller may ask for the rescission of the sale if buyer has failed to pay __ or more installments.
2
3
4
5
Under Recto Law, if the seller chose to foreclose the chattel mortgage on the thing sold, __.
The seller can still pursue the buyer for the deficiency.
The seller can also seek for specific performance
The seller can also seek for rescission of the sale.
There shall be no deficiency judgment
First Statement: Under PD 957, no installment payment made by a buyer in a subdivision or condominium project for the lot or unit he contracted to buy shall be forfeited in favor of the owner or developer when the buyer, after due notice to the owner or developer, desists from further payment due to the failure of the owner or developer to develop the subdivision or condominium project according to the approved plans and within the time limit for complying with the same.
Second Statement: The rights of buyer in the event of his failure to pay the installments due for reasons other than the failure of the owner or developer to develop the project shall be governed by RA 6552.
Only the first statement is true.
Only the second statement is true.
Both statements are true.
None of the statements is true.
Under Maceda Law, if the buyer paid at least 2 years installment, he may pay the balance __ within a grace period of __ for every year of installment payment.
Without interest; one month
With interest; one month
Without interest; two months
With interest; two months
Under Maceda Law, if the seller cancels the sale and the buyer paid at least 2 years installment, buyer is entitled to __ of what he has paid if after 5 years of installments, __ for every year but not to exceed __ of total payments made.
50%; 5%; 80%
50%; 5%; 90%
60%; 5%; 90%
60%; 5%; 80%
Under Maceda Law, if the seller cancels the sale and buyer paid at least 2 years installment, cancellation is effected __ days from notice and upon payment of cash surrender value.
30
40
60
90
Under Maceda Law, if the buyer paid less than 2 years installment, the second grace period is __ days from notice of cancellation/demand for rescission.
30
40
60
90
