WorksheetsLaw on Sales
Total questions: 90
Worksheet time: 2hrs 30mins
Mr. F made a unilateral promise to sell to Mr. G a parcel of land at a piece of P2,500,000 in consideration of such promise on the condition that Mr. F will not sell the land to others for sixty (60) days. Under circumstances:
There is perfected contract of sale since all the essential elements are present.
There is perfected contract of sale only if the P20,000 does not form part of the purchase price.
There is no perfected contract of sale but merely an option.
There is no perfected contract of sale because the P20,000 paid is an earnest money.
Mr. F made a unilateral promise to sell to Mr. G a parcel of land at a price of P2,500,000. Mr. G paid P20,000 in consideration of such promise in the condition that Mr. F will not sell the land to others for sixty(60) days. Under these circumstances:
Mr. F may withdraw the offer to sell to Mr. G anytime since there is no perfected contract of sale.
Mr. F may not withdraw the offer to sell to Mr. G before the lapse of 60 days since there is already a perfected contract of sale.
Mr. F may not withdraw the offer to sell to Mr. G before the lapse of 69 days since the period is founded upon consideration.
Mr. F may not withdraw the offer to sell to Mr. G even after the lapse of 60 days since the promise is founded upon a consideration.
Statement 1: A contract of sale is separate and distinct from a contract of option.
Statement 2: A contract of option presupposes the existence of a perfected contract of sale
Only statement 1 is true
Only statement 2 is true
Both statements are true
Both statements are not true
The consummation of a contract of sales occurs when:
There is concurrence between offer and acceptance
There is an agreement as to the price certain and the object of sale
The parties perform their respective undertakings
The parties negotiate the price and the object of sale
In expropriation, which of the following essential requisite for a contract of sales is absent?
Consent
Cause
Consideration
Object
Which of the following is a valid contract of sale?
Sale of animals suffering from contagious disease
Sales of spousal rights
Sales of future inheritance
Sale of condiminium units to aliens
As a general rule, a sale of a mere hope or expectancy is:
Perfectly valid
Void
Voidable
Unenforcable
Mr. F a farmer entered into a contract of sale with Ms. W , a rice miller, in January. The object of the contract is Mr. F's harvest for the year. Mr. F expects to harvest rice in August. Is the contract valid?
No, the contract of sale has no existing object at the time of its perfection.
Yes, but the perfection of the contract of sale will only occur upon harvest in august
Yes, but the contract of sales may be unilaterally rescinded by the parties before august
Yes, the contract of sale has an object considering that the rice has a potential existence
Sale of fake lottery ticket is:
Perfectly valid
Void
Voidable
Unenforceable
Mr. D is the defendant in a civil case where Ms. P , the plaintiff, is seeking the recovery of P200,000. Ms. P prayed for the provisional remedy of a preliminary attachment over Mr. D's car to satisfy any favorable judgment to Ms. P. A few days before the set hearing, Mr. D sold the car to Ms. B. Is the sale valid?
Yes. The sale is perfectly valid
No. The sale is Void considering that the thing sold is under litigation
Yes. The sale is valid, but recissible regardless of Ms. B's good faith
Yes. The sale is perfectly valid if Ms. B is a buyer in good faith
Ms. S is the owner of 50 kilograms of sugar located in a warehouse. Ms. S sold 25 kilograms to Ms. B. Which of the following is a correct statement as to the effect of the sale?
The sale has no effect considering the 50 kilograms of sugar is still undivided
Ms. S will still be the owner of the 50 kilograms of sugar prior to the divisions of the sugar
Ms. S and Ms. B become co owners over the 50 kilograms of sugar even without the division of of the sugar
Ms. B automatically becomes the owner of the entire mass of the 50 kilograms of sugar subject to reimbursement to Ms. S for the value of the 25 kilograms
Statement 1: As a general rule, inadequacy of price does not affect a contract of sale's validity.
Statement 2: When there is no price agreed upon, the sale is voidable.
Only statement 1 is true
Only statement 2 is true
Both statements are ture
Both statements are not true
Which of the following is a characteristics of an earnest money?
It is given when sale is not yet perfected
It is part of the purchase price
When give, the would-be buyer is not required to buy
It is separate and distinct consideration from the consideration of the contract of sale
A contract of sale is not a/n?
Consensual contract
Commutative Contract
Unilateral Contract
Nominate Contract
A and B entered into a contract of sale where A sold his car to B on installment basis for P1,000,000, payable quarterly for three(3) years. The contract of sale was perfected on November 1,2020 and the car was delivered on January 1,2021. The first quarterly payment was made on January 1, 2021. The ownership of the vehicle remained with A. The ownership will transfer to B only upon payment of half of the installments. However, just three installments after, the car was lost through storm. In the absence of any stipulation in the contract of sale, is B required to pay the remaining installments?
Yes, because the contract of sale has already been perfected
Yes, Because delivery of the car has already been made and possession is with B
No, because notwithstanding the delivery of the car, ownership remained with A.
No, because it was through A's fault that the car was lost
Gigi is the operator of a merchant's syore. Harry bought a cellphone in Gigi's merchant's store. Subsequently, Jane whose phone had been recently stolen, saw Harry's cellphone. After examining the phone, Jane concluded that it was the cellphone that was stolen from her two weeks ago. Who is the rightful owner of the cellphone?
Jane, because the phone was unlawfully taken from her
Harry, because he acquired this in a merchant store
Jane, because she can prove and trace that the phone was hers through means such as the serial number and official receipts
Harry, because he is purchased the phone for value
Jisoo entered into a contract of sale with Lisa involving a laptop currently owned by Rose. They signed the document evidencing the contract on January 1, 2021, when Rose was still the owner of the laptop. On January 15 of the same year. Rose donated the laptop to Jisoo. A week after, Jisoo delivered the laptop to Lisa, and Lisa paid the price in accordance with the contract of sale. What is the status of the contract of sales as to validity?
Void. The object is inexistent at the time of the contract of sale.
Unenforecable. The contract was entered into without Rose's authority.
Voidable. The contract was entered into with a defect in Rose's consent
Valid. Jisoo was able to consummate the sale upon delivery
Statement 1: There can be transfer of ownership without delivery if there is a stipulation provided for such in the contract of sale.
Statement 2: In order to transfer ownership, delivery must always be actual and physical, and not constructive.
Only statement 1 is true
Only statement 2 is true
Both statements are true
Both statements are not true
Chicana entered into a contract of sale of items of makeup with Angel Mapagmahal. The terms of the sale provide that Angel will make a down payment of 20% of the price, and the remaning 80% will be paid a month after delivery. Chicana was able to deliver the items of makeup. Which of the following statements is true?
Angel Mapagmahal is the owner of the items of makeup at the moment of perfection of the contract of sale
Angel Mapagmahal is the owner of the items of makeup upon making the down payment
Angel Mapagmahal is the owner of the items of makeup upon delivery
Angel Mapagmahal will be the owner of the items only upon full payment
Danaya entered into a contract of sale with Pirena over a parcel of land with fruit bearing trees on August 1, 2021. The price was paid by Pirena on September 1, 2021. The transfer of title was made on October 1, 2021. Actual occupation was made by Pirena on November 1, 2021. Which of the following statements is true?
The fruits accruing from August 1, 2021, shall belong to Pirena
The fruits accruing from September 1, 2021, shall belong to Pirena
The fruits accruing form October 1, 2021, shall belong to Pirena
The fruits accruing from November 1, 2021, shall belong to Pirena
The placae of delivery should be first at the place stipulated, then:
1. Seller's place of the business
2. Buyer's place of the business
3. Seller's residence
4. Usage of trade
1,3,4 in that order
4, 1, 3 in that order
2,1,4 in that order
4,2,1 in that order
Under a sale on approval or trial,
Delivery irrevocably transfers ownership to the buyer
Delivery does not transfer ownership to the buyer but will only be transferred when the buyer signifies his approval or acceptance to the seller
Delivery transfers ownership to the buyer but ownership is deemed to revert to the seller when the buyer signifies his disapproval or non-acceptance to the seller
Delivery transfers ownership to the buyer but ownership is deemed to revert to the seller when the buyer returns the thing sold to the seller
Aunt Julie and Macoy entered into a contract on a "sale or return" basic over some pieces of equipment. After delivery to Macoy, the thing was lost due to a fortuitious event. Macoy has not yet paid the purchase price. Who shall bear the loss?
Aunt Julie, because she is still the owner considering the sale is made on a "sale or return" basis.
Macoy, because upon delivery, he became the owner of the thing sold
Aunt Julie, because the seller bears the loss if the loss is due to a fortuitious event
Macoy, because Aunt Julie is an unpaid seller
Statement 1: Parties may agree when and on what conditions the ownership shall pass to the buyer other than by mere delivery.
Statement 2: Delivery of keys of the place or depositary where the movable is stored or kept is not a mode of constructive delivery.
Only statment 1 is true
Only statement 2 is true
Both statements are true
Both statements are not true
It is defined as the delivery of movable property by mere consent or agreement, if the thing sold cannot be transferred to the possession of the buyer at the time of sale
Symbolic Delivery
Traditio longa manu
Traditio brevi manu
Constitutum possessorium
Statement 1: Delivery to a common carrier is, as a general rule, is not tantamount to delivery to the buyer.
Statement 2: If the seller bears the expenses of transportation of the goods sold up to the FOB poin, then the seller assumes the risk of loss while the goods are in transit.
Only statement 1 is true
Only statement 2 is true
Both statements are true
Both statements are not true
In this mode of delivery , seller continues to be in possession of the property sold not as owner but in some other capacity, like as tenant or lessee
Symbolic Delivery
Traditio longa manu
Traditio brevie manu
Constitutum possessorium
A 1,000 square meter parcel of land located in Iloilo is owner by M. N sold the land to O under his own name on December 1, 2021. FIfteen days after, M sold the land to P. O was the first to take possession of the land on December 20, 2021. Who has the better right over the land?
O, because he is the first buyer.
O, because he is the first to take possession in good faith
P, because he bought the land from the actual owner
P, because he is the most recent buyer
In case of a double sale involving movable property, who among the following has preferred right?
The first possessor in good faith
The first registrant in good faith
The person with the oldest title
The buyer in the oldest sale
Statement 1: If the seller delivers goods which are less than what was contracted, the buyer cannot reject the goods delivered.
Statement 2: If the seller delivers goods which are less than what was contracted, the buyer can accept and pay at the contract rate.
Only statement 1 is true
Only statement 2 is true
Both statements are ture
Both statements are not true
When the seller exercises his right of redemption, the seller is bound to pay all of the following, except:
Price of the sale
Expenses of the contract
Necessary and useful expenses
Luxurious expenses
It is defined as a statement or representation made by the seller contemporaneously and as part of the contract of sale, having reference to the character, quality, or the title of the goods, and by which he promises or undertakes to ensure that certain facts are or shall be as he then represents.
Representations
Conditions
Warranties
Specifications
Statement 1: A breach of warranty affects the validity of the contract of sale.
Statement 2: A warranty must be stipulated in order to bind the parties.
Only statement 1 is true
Only statements 2 is true
Both statements are true
Both statements are not true
Dealer's talk:
Is considered as a warranty
Is considered as a warranty only if relied upon by the buyer
Is considered as a warranty only if made by an expert and relied upon by the buyer
Is considered as a warranty only if it appears on the instrument evidencing the sale, made by an expert and relied upon by the buyer
Jungkook, an expert in metals, bought 1,000 kilos of gold from Jimin for use in making furniture with the pure gold plating. Unknown to both Jungkook and Jimin, the bars of gold sold are not pure gold. When it was melted and molded into gold plates, the poor quality of the gold did not satisfy Jungkook. Is Jimin liable for breach of warranty against hidden defects?
Yes. Because the defect is not patent or visible
Yes. Because the defect renders the thing sold unfit for the use for which it was intended.
No. Because the buyer is an expert who should have known the defect.
No. Because the seller is not aware of the hidden fault or defect
It is the warranty that goods are reasonably fit for the general purpose for which the same are sold.
Warranty for merchantability
Warranty against redhibitory defect
Warranty of fitness
Warranty against hidden effect
Andrew sold to Arthur five cows. Andrew will be liable to Arthur if:
The cows die within three(3) days of a disease that existed at the time of sale
The cows die within five(5) days of a disease that existed at the time of sale
The cows die within seven(7) days of a disease that existed at the time of sale
The cows die within ten(10) days of a disease that existed at the time of sale
Warranty against redhibitory defect applies in the sale of:
1.Animals
2.Plants
3.Non-living things
1 only
1 and 2 only
1 and 3 only
1 , 2, and 3
Which of the following sale is void?
Sale of animals through fairs of public auctions
Sale of animals suffering from contagious disease
Sale of livestock as condemned
Sale of livestock not for human consumption
Daenerys bought a parcel of land from Cersei. A month after settling on the said parcel of land, it became the subject of dispute, putting in issue Cersei's and Daenery's title over the land based on a sale that occurred prior to Daenery's purchase. Is Cersei liable for breach of warranty against eviction?
Yes. The right of the claimant existed prior to the sale of the land to Daenerys
No. There is no eviction by final judgement
Yes. Cersei is made co-defendant in the suit for eviction
No. There was no showing that the act cause the eviction is an act imputable to Cersei
In case there is a breach of an express warranty, what is the presciptive period to rescind the contract in the absence of any stipulation?
Two (2) years
Four(4) years
Five(5) Years
Ten(10) years
In the event that the buyer was totally evicted from the real property he bought from the seller, the buyer can demand from the seller the payment of:
Value of thing sold at the time of sale
Value of thing sold at the time of eviction
Value of thing sold at the time of foreclosure
Value of thing sold at the time of payment of price by the buyer
Under the Recto Law, if the seller chooses the foreclosure of chattel mortgage, then
The seller have no further action to recover any unpaid balance
The seller shall have no further action to recover any unpaid balance unless stipulated
The seller may recover any unpaid balance
The seller may recover any unpaid balance unless stipulated
Before the remedy of cancellations of sale may be availed of by the seller under the Recto Law, how many installments mus have not been paid by the vendee?
Atleast one
Atleast two
Atleast three
Atleast four
Statement 1: Under the Recto Law, if the seller has chosen the remedy of specific performance, then the seller can still seek the remedy of recession.
Statement 2: Under the Recto Law, if the seller has chosen the remedy of specific performance, then the seller can still seek the foreclosure of the chattel mortgage.
Only statement 1 is true
Only statement 2 is true
Both statements are true
Both statements are not true
Which of the following is outside of the coverage of Maceda Law?
Sale of residential dwellings
Sale of commercial buildings
Sale of residential lots
Sale of agricultural land
Under the Maceda Law, the buyer who has paid at least two(2) years of installment may avail of the grace period:
Once every two (2)years
Once every three(3) years
Once every four(4) years
Once every five(5) years
Under the Maceda Law, if the buyer has paid less than two(2) years of installments, the grace period is at least:
Thirty(30) days
Sixty(60) days
Ninety(90) days
One hundred twenty(120) days
During the grace period granted under the Maceda Law, the buyer can do any of the following, except:
Sell or assign his rights in a notarial instrument
Pay the unpaid balance of the price with interest
Update his account
Pay in advance any installment
Under the Maceda Law, if the buyer has already paid installments for seven(7) years, then the buyer has the right to the refund of cash surrender value amounting to:
50% of the total amount paid
60% of the total amount paid
70% of the total amount paid
80% of the total amount paid
Statement 1: Sale is not a mode of acquiring ownership.
Statement 2: Delivery is the operative mode that transfers ownership
Only statment one is true
Only statement two is true
Both statements are true
Both statements are not ture
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
5.Nominate
All of the five
1,2,3 and 4 only
1,2,3, and 5 only
1,3,4 and 5 only
The incapacity of minors, demented persons, imbeciles, deaf and dumb, prodigals and civil interdictees in entering into contract 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 subdivision 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 the 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
Unenforcable
If the parties really intended a donation or some other act or contract, the contract of sale is:
Void
Voidable
Unenforceable
Void
Where the price of the thing sold cannot be determined and the thing has been deliverd 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 consideratation for an option contract; while the option money is part of the purchse price
If there is earnest money, title passes to the buyer upon delivery of the thing sold; while if ther 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 boound to pay the balance
Statement 1: If earnest money is paid, there is already a sale perfected.
Statement 2: If option money is paid, no sale is perfected yet.
Only statement one is true
Only statement two is true
Both statements are true
Both statements are not true
The following sales must be in writing to be enforeable:
(1) sale of personal property at a price not less that P500
2.sale of real property or an interest therein
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 reservato 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 constitum 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
Tradtio brevi manu
Traditio longa 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
3.person with oldest title in good faith
1,2 and 3
1,3 and 2
3,2 and 1
3,1 and 2
Who bears the risk of loss and deterioration of the thing sold before perfection?
Buyer
Seller
Both seller and buyer
None
The remedies of an unpaid seller are
1.possessor lien
2.stoppage in transitu
3.resale
4.rescession
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 waiver of warranty against eviction if the buyer has no knwoledge of a particular risl?
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 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 is refer 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
Action redhibitoria
Accion pauliana
Accion quanti minoris
Accion quanti majoris
The prescription period to file an accion redhibitoria or accion quanti minoris is blank months fromt 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 blank days
40
45
30
15
The vendee is liable for interest on the price
1.should it have been stipulated
2.should the thing sold and delivered produce fruits or income
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 blank or more installments
2
3
4
5
Under the Recto law, if the seller choose to foreclose the chattel mortgage on the thing sold, blank
The seller can still pursue the buyer for deficiency
The seller can also seek for specific performance
The seller can also seek for rescission of the sale
There shall be no deficiency judgement
Statement 1: 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 conominium project according to the approved plans and within the time limit for complying with the same.
Statment 2: 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 statement one is true
Only statement two is true
Both statements are true
Both statements are not true
Under Maceda Law, if the buyer paid at least 2 years installment, he may pay the balance blank within a grace period of blank 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 atleast 2 years installments, buyer is entitled to blank of what he has paid if after 5 years of installments, blank fo every year but not to exceed blank 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 atleast 2 years installment, cancellation is effected blank days from notice and upon payment of cash surrender value
30
45
60
90
Under the Maceda law, if the buyer paid less than 2 years installment, the second grace period is blank days from notice of cancellation/demand for rescission
30
45
60
90
