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Total questions: 74
Worksheet time: 39mins
When there are two or more debtors and/or two or more creditors in one and the same obligation, the obligation is presumed to be a solidary obligation.
True
False
The following are the requisites of an obligation, except:
passive subject, debtor or obligor
active subject, creditor or obligee
efficient cause
demand
In an obligation to give an indeterminate thing, the loss or destruction of anything of the same kind will extinguish the obligation if the cause of the loss is a fortuitous event.
True
False
As a rule, the creditor may demand fulfillment of the obligation and the penalty at the same time.
True
False
The period in an obligation always refers to the future.
True
False
Where an instrument containing the words "I promise to pay", is signed by two or more persons, they are deemed to be jointly and severally liable.
True
False
Based on the definition, nearly every movable thing are...
goods
except money and actionable claims for debts or others.
immovable property
perishable goods
Goods is defined as?
(a)
The obligation of a school to provide its students a safe and secure environment and an atmosphere conducing to learning is an obligation arising from:
law
contract
quasi-contract
quasi-delict
It is a mode of extinguishing an obligation which has a two-fold function: One is to extinguish an old obligation, and the other to substitute a new one in its place.
Novation
Compensation
Remission
Consignation
D obliged himself to give P50,000.00 to C if C does not fly to the moon.
The obligation becomes demandable at some future time.
The condition of the obligation is physically impossible
The obligation is immediately demandable
Both the obligation and the condition are void
One of the following is a determinate thing. Which is it?
a cow
a horse
a ring with diamond embellishment
a Toyota car with engine no. 12345, body no. 34890 and plate no. ABC 123
A, B, C and D, joint debtors, are obliged to give V, W, X, Y and Z, solidary creditors, P20,000.00.
V may collect from B P1,000.00
V may collect from B P5,000.00
V may collect from B P4,000.00
V may collect from B P20,000.00
A, B, C and D, solidary debtors, are obliged to give V, W, X, Y and Z, joint creditors, P20,000.00.
V may collect from C P1,000.00
V may collect from C P5,000.00
V may collect from C P4,000.00
V may collect from C P20,000.00
Unless the law or the stipulations of the parties require another standard of care, every person obliged to give something is also obliged to take care of it with:
extra-ordinary diligence
diligence of a father of a good family
diligence of a good father of a family
good diligence of a father of a family
The passage of time as a mode of acquiring or losing a right including the extinguishment of an obligation is called:
merger
novation
remission
prescription
One of the following is a void obligation:
D is obliged to give C Php 5,000.00 if C does not go the moon
D is obliged to give C Php 5,000.00 if D goes to Baguio.
D is obliged to give C Php 5,000.00 if D wins first prize in the sweepstakes on a ticket that he had already purchased.
D is obliged to give C Php 5,000.00 if C goes to Baguio.
This refers to delay on the part of the creditor
mora accipiendi
mora solvendi ex re
mora solvendi ex personae
compensatio morae
A mode of extinguishing obligations up to their concurrent amount when two persons are principal debtors and creditors of each other is called:
novation
compensation
payment
merger
D owes C Php 6,000.00. No date for payment was stipulated by the parties.
C cannot require D to pay because there is no date for payment.
D is not liable to C because the obligation is void there being no date of payment.
D is not required to pay unless C goes to court and asks the court to fix a period for the payment.
C can require D to pay at anytime.
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
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.
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 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.
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
Who bears the risk of loss and deterioration of the thing sold before perfection?
Buyer
Seller
Both the seller and buyer
None
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 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
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
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 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 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
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
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.
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.
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
If the parties really intended a donation or some other act or contract, the contract of sale is:
Valid
Voidable
Unenforceable
Void
If there is mere inadequacy of the price, the contract is:
Void
Voidable
Valid
Unenforceable
For a right to be a valid subject matter, it must be:
Transmissible
Intransmissible
Encumbered
Levied upon
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
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
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
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
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
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
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 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
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
A contract of sale between husband and wife entered into after a judicial separation of properties has been decreed is:
Valid
Unenforceable
Void
Voidable
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
The incapacity of minors, demented persons, imbeciles, deaf and dumb, prodigals and civil interdictees in entering into contracts of sale is:
Relative
Absolute
Partial
Case-to-case basis
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
A deed of sale where the stated consideration had not in fact been paid is:
Valid
Unenforceable
Voidable
Null and Void
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.
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
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.
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.
In construing a contract containing provisions characteristic of both the contract of sale and of the contract of agency to sell, the essential clauses of the whole instrument may not be considered.
True
False
It depends
The goods which form the subject of a contract
of sale may be either:
Existing goods owned or possessed by
the seller
Goods to be manufactured, raised, or acquired
by the seller after the perfection of the contract of sale
Goods wherein whose acquisition by the seller depends upon a contingency which may or may not happen
All of the above
The first two options only
Plaintiff granted defendant the right to sell as an “agent” of Quiroga beds in the Visayas. The defendant was obliged under the contract to pay for the beds, at a discount of 25% as commission on the sales. The payment had to be made whether or not the defendant was able to sell the beds. Is this a contract of sale, or an agency to sell?
Contract of Sale
Contract of Agency to Sell
X acquired a booklet of 10 sweepstakes tickets directly
from the PCSO. X paid P1,800 for the booklet, less the discount. He is referred as an agent of PCSO and that he may be entitled to an agent's prize should one of the tickets purchased win a principal prize. What kind of contract is this?
Contract of Agency to Sell
Contract of Sale
None of the above
