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Total questions: 66
Worksheet time: 38mins
Dacion en pago as distinguished from a contract of sale
There is a greater freedom in fixing the price
Obligations are created
Ownership of the object is transferred to the other party
A pre-existing credit is extinguished
As a rule, this contract of sale involving a piece of land is void,
Between a minor and a deaf mute who does not know how to write
Between two insane persons who did not act during lucid interval
Between first degree cousins
Between husband and wife
One of the following is not correct.
Things subject to a resolutory condition may be the object of the contract of sale
A thing is generic when it is particularly designated or physically segregated from all others of the same class
Things having potential existence may be the object of the contract of sale
The sole owner of a thing may sell an undivided interest therein
A needs a size 10 of model 101 of Delicious Shoes regularly available to the public for her boyfriend B, but the same is out of stock so she placed an order for one. On the other hand, B placed an order for size No. 8, colored violet, (something not ordinarily made by the company) to be given to A. Which is correct?
Both are contracts of sale
Both are contracts for a piece of work
First is a contract of sale, second is a contract for a piece of work
First is a contract for a piece of work, second is a contract of sale
A offered to sell for P12,000,000 her house and lot to B who was interested in buying the same. In her letter to B, A stated that she is giving B a period of one month within which to raise the amount and that as soon as B is ready, they will sign the deed of sale. Five days before the expiration of the one month period. A went to B and told her that she is no longer willing to sell the property unless the price is increased to P15,000,000. Which is correct?
B may compel A to accept the P12,000,000 first offered
A may compel B to pay P15,000,000
A and B should shoulder the P3,000,000 difference
B cannot compel A to accept the P12,000,000 first offered
A, 17 years old, sold to B, of legal age, her necklace worth P20,000 for P15,000. Later, B sold the necklace to C for P20,000. Which of the following statements is correct?
A has got a voidable title because at the time of sale, she is a minor
A can ask for rescission of the sale to C because she suffered a lesion of more than ¼ of the value of the property
If C is in bad faith, C becomes the owner of the necklace upon delivery to him but his title is voidable
A can ask for the annulment of the sale to C because at the time of sale she is a minor
A sold to B orally a parcel of land for P200,000. A effected the delivery of the land. The payment of the price was to be made three months later. At the end of the three months period
B may refuse to pay claiming in his defense the Statute of Frauds
B may return the parcel of land to A
A can collect from B because the contract has already been executed
B may refuse to pay on the ground that there is no written contract to support the sale
On January 10, 2015, A sold for P2M her house and lot to B. It was agreed that delivery of the house and lot, and the payment therefore, would be made on March 1, 2015. Unfortunately, C a stranger negligently set the house on fire on February 25, 2015, and the house was completely destroyed. Which is correct?
B is not required to pay the P2M since the contract had no subject matter
A must still deliver the lot but is excused from delivering the house, while B must still pay the P2M
A must still deliver the lot while B should pay only the amount equivalent to the value of the lot
A need not deliver the lot while B need not pay the P2M
This serves as a proof of the perfection of the contract of sale
Dacion en pago
Option money
Delivery
Arras
A contract of sale is not a(an)
Onerous contract
Accessory contract
Commutative contract
Bilateral contract
Emptio spei as distinguished from emptio rei speratae
The sale of an expected thing
Dacion en pago
Payment by cession
Emptio spei
Emptio rei-speratae
The sale of the hope itself
Dacion en pago
Payment by cession
Emptio spei
Emptio rei-speratae
In contract of sale, if the price is absolutely simulated, the sale is
Unenforceable
Voidable
Void
Rescissible
This is not an essential element of a contract of sale
Subject matter which should be determinate
Consent of the contracting parties
Warranty against eviction
Consideration which is certain in money or its equivalent
When a sale of a piece of land or any interest therein is through an agent, the authority of the agent shall be in writing, otherwise the sale is
valid
voidable
unenforceable
void
A contract of sale is not
A consensual contract
A real contract
A reciprocal contract
An onerous and commutative contract
Which of the following cannot be an object of a contract of sale?
Sale of credit
Young of animal not yet conceived at the time of perfection
Land which the seller expects to buy
Future inheritance
The Realty Installment Buyer Protection Act applies to all transactions involving the sale or financing of real estate on installment but it excludes the following except:
Sale or financing of industrial lots
Sale or financing of commercial building
Sale to tenants under the Land Reform Code
Sale of residential condominiums
In a contract of sale of personal property, the price of which is payable in installments, the vendor may exercise any of the following remedies, except
Exact fulfillment of the obligation, should the vendee fail to pay any installment
Cancel the sale, should the vendee’s failure to pay cover two or more installments
Foreclose the chattel mortgage on the thing sold, if one has been constituted should the vendee’s failure to pay cover two or more installments
Rescind the sale should the vendee fail to pay any installment.
A sold to B her Yamaha organ. It was agreed that A would fix the price a week later. At the agreed time, A named the price P10,000. B agreed. Was the sale perfected?
No, because the price was left to the discretion of one of the contracting parties
No, because at the time of sale the price was not fixed
Yes, because the price fixed by one of the parties was accepted by the other
Yes, because there was agreement that A would fix the price
After the death of C, A, C’s son, sold his inheritance though its amount has not yet been determined to B for a consideration of P1,000,000. Which is correct?
The contract is valid if the value of inheritance is at least equal to P1,000,000
The contract is valid even though the inheritance to be turned over to B is less than P1M
The contract is void as future inheritance cannot be the object of sale
The contract is unenforceable
A sold his only car to B for P300,000 to be paid as follows: P150,000 upon delivery of the car to B and the balance at P10,000 per month until full payment of the purchase price. Later the car gets burned in the possession of B through fortuitous event and without B’s fault, before full payment of the balance. Is B obliged to pay the balance?
No, because the car was lost through fortuitous event and without B’s fault, hence B’s obligation is extinguished
No, because the loss should be borne by the seller as this an installment sale so until the buyer pays the full amount of the price of the sale, A remains to be the owner
Yes, but A must give another car to B because of the principle “genus nunquam peruit” or generic thing never perishes
Yes, because of the principle “res perit domino” or the thing perishes with the owner
A offered for sale to B 20 cavans of wagwag rice and fixed the price per cavan at P10 over the price offered at Y’s store in Quinta Market. The price is
Not certain because the price at Quinta Market is not stated
Certain because it has got reference to another thing which is certain
Certain because there is a price ceiling for price of rice
Not certain so the court may fix the price
A sold his motor vehicle to B who bought it for P200,000. It turned out however, that A has 2 motor vehicles: Toyota valued at P230,000 and Lancer valued at P220,000. Which is correct?
There is no contract of sale between A and B
The parties may ask for interpretation or reformation
The parties can ask for annulment of the contract
B may choose between the Toyota or Lancer
A offers to B 100 electric fans for P80,000 payable in 60 days with 12% interest per annum. B accepted the offer by telegram provided that interest is reduced to 6%. If there is a no further communication between
00 electric fans for P80,000 payable in 60 days with 12% interest per annum. B accepted the offer by telegram provided that interest is reduced to 6%. If there is a no further communication between A and B relating to the terms
The contract is perfected because of the acceptance by B
There is no contract yet between A and B because B made a counter offer
The contract is perfected under the terms of A
There is no contract yet unless B gives earnest money
A sold her specific car to B for P200,000 payable in 5 equal installments. A delivered the car to B but a mortgage was constituted on the car to answer for the unpaid installments B paid the first 2 installments but failed to pay the last 3 installments. A foreclosed the mortgaged property and sold it at public auction for P100,000. Which is correct?
A can recover from B the balance of P20,000 even if there is no stipulation to that effect
A can recover from B the balance of P20,000 if there is stipulation to that effect
A cannot recover the deficiency except if there is stipulation to that effect
A cannot recover the deficiency even if there is stipulation to the contrary
Y sold his horse to Z for P50,000. No payment has yet been made and the sales document does not provide the date of delivery. Before delivery and payment the horse gave birth to a baby horse, which is correct?
Z is entitled to the baby horse which was born after the perfection of the contract
Y is entitled to the fruit (baby horse) as Z has not paid the price yet
Y is entitled to the (baby horse) because it was born before his obligation to deliver arises
Z should pay additional amount for the baby horse to be entitled to it
A contract of sale is in the stage of conception when
There is meeting of the minds
Negotiations are in progress
The parties come to an agreement
The contract is perfected
A seller sold to a buyer a piece of jewelry at a price of P20,000. The contract provides that the buyer will pay the seller cash-P8,000 and for the balance, the buyer will give the seller a micro oven worth P12,000. What is the nature of the contract?
Sale
Barter
Partly sale and partly barter
Commodatum
A, the guardian of B, sold B’s house and lot worth P480,000 for P240,000. Which is correct?
The contract can be rescinded because of inadequacy of price
The contract cannot be rescinded because there is no fraud, mistake or undue influence
The contract cannot be rescinded because all the elements of a contract are present
The contract can be rescinded by A.
A leased to B a 5 DOC generator for two years at a lease rental fee of P1,000 per month and signed an option in favor of B to buy the generator at the end of the term of the lease at P60,000. All rental fees paid are to be considered as partial payment of the sale. After 12 months B was able to pay the rental fees for 9 months and was in arrears for three months. A terminated the lease contract and repossessed the generator. The consequence of the transaction is
A can collect the rental fees for three months which are in arrears.
A can collect the rental fees for the unexpired 12 months of the lease contract.
When A took possession of the generator, he has no further action against B
A in terminating the lease and repossessing the generator is obliged to refund the 9 months rental fee, paid by B even if there is a stipulation to the contrary
Goods are deemed in transit
When the buyer accepts delivery of the goods upon arrival at destination
When the buyer intercepts and lawfully takes possession of the goods at any point before destination
From the time they are delivered by the seller to a common carrier or other bailee for transmission to the buyer, up to the time that the buyer or his agent takes delivery of the goods from the carrier or bailee
When the carrier or bailee, upon arrival of the goods at destination acknowledges to the buyer or his agent that he is holding the goods as bailee for the letter
Goods are deemed no longer in transit
If the goods are rejected by the buyer for a valid reason and the carrier or other bailee continues in possession of them, even if the seller has refused to receive them back
From the time they are delivered to a carrier by land, water or air for the purpose of transmission to the buyer
From the time they are delivered to a bailee for the purpose of transmission to the buyer until the buyer or his agent in that behalf, takes delivery of them from such bailee.
If the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf
If immovable property should have been sold to different vendees, the ownership shall be transferred to the person
Who have first taken possession in good faith
Who presents the oldest title in good faith
Who in good faith first recorded it in the Registry of Property
Who have paid in good faith the purchase price in full
Using the preceding number, if movable property, it shall belong to the person
Who have paid in good the purchase price in full
Who in good faith first recorded it in the Registry of Property
Who presents the oldest title in good faith
Who have first taken possession in good faith
Action by the vendee against the vendor to nullify the sale due to some vices or defects which render the object of sale unfit for the use intended or knowledge of which, the vendee would not have bought the thing.
Accion quanti minoris
Accion reinvidicatoria
Accion pauliana
Redhibilitory action
Action to seek a corresponding reduction in price by reason of some vices or defects in the thing purchased.
Accion quanti minoris
Accion reinvidicatoria
Accion pauliana
Redhibilitory action
The redhibitory action based on the faults or defects of animals must be brought within
30 days from delivery to the vendee
40 days from delivery to the vendee
45 days from delivery to the vendee
6 months from delivery to the vendee
Not an implied warranty in a contract of sale
Right to sell the thing at the time of perfection of the contract
Reasonably fit for the purpose they are acquired
Merchantable in quality
Free from charges or encumbrances not declared or known to the buyer
Delivery by merely pointing to the object of sale if it cannot be delivered to the vendee at the time of the sale is
Traditio longa manu
Traditio brevi manu
Traditio constitutum possessorium
Traditio symbolica
Effected when the object of sale is already in the possession of the vendee at the time of sale so that delivery need no longer be made is
Traditio longa manu
Traditio brevi manu
Traditio constitutum possessorium
Traditio symbolica
When the owner of the thing sells it to vendee, but continues to have possession or occupation of the thing not as owner but as tenant or lessee
Traditio longa manu
Traditio brevi manu
Traditio constitutum possessorium
Traditio symbolica
Quasi-traditio is equivalent to
Traditio longa-manu
Traditio brevi-manu
Traditio constitutum possessorium
Execution of a public instrument
If the object of the contract is specially made or manufactured at the specific order of another, it is a contract for a piece of work. This is
English rule
Massachusetts rule
New York rule
Chicago rule
If the article already exists and subsequently acquired by another, it is a contract of sale, and if the article is still to be manufactured at the instance of another, it is a contract for a piece of work. This is
English rule
Massachusetts rule
New York rule
Chicago rule
If the material used in the manufacturer of the article is more valuable, it is a contract of sale, and if the labor or skill is more valuable than the material used in the manufacture of the article, it is a contract for a piece of work. This is
English rule
Massachusetts rule
New York rule
Chicago rule
The rule observed in the Philippines is
English rule
Massachusetts rule
New York rule
Chicago rule
Warranty against hidden defects is
An essential element
A natural element
An accidental element
An artificial element
The right of the seller to stop goods in transit, upon discovering that the buyer does not have the funds to pay for the goods
Pre-emptive right
Appraisal right
Voting right
Right of stoppage in transitu
A sold to B a parcel of land for P3.8M. The sale is evidenced by a memorandum of agreement of sale written in the Bicolano dialect. One week later, A sold the same parcel of land to C for P4M. This is evidenced by a formal deed of sale. Upon buying the property, C, who was aware of the first sale, immediately took possession of the lot. When informed of the second sale, B subsequently registered an adverse claim to the property. Later, C registered the deed of sale in her favor. The parcel of land shall belong to
B because he has got an older title
C because he is the fist to register
C because he is the first to take possession
No one
The parcel of land shall belong to
B because he has got an older title
C because he is the fist to register
C because he is the first to take possession
No one as both sales are void
Voluntary renunciation made by the buyer of his right to warranty against eviction where in case the buyer is evicted, the seller is liable to the value of the thing at the time of eviction.
Waiver intentionada
Waiver consciente
Waiver cursunada
Waiver inocente
Using the preceding number, where the seller is no longer liable
Waiver intentionada
Waiver consciente
Waiver cursunada
Waiver inocente
A stole a fountain pen from P and sold it to B Merchandise, a “store for pens”, which paid for it in good faith, not knowing it was stolen. The “store” then sold it to B, a reviewee. Which is correct?
C cannot be considered as the owner because the original seller (A) is not the real owner
P may recover the fountain pen from C without reimbursement because he is the legal owner
C became the owner because he purchased the pen from a merchant store.
C became the owner regardless of whether the seller is a store for pens or not because C bought it in good faith.
When goods are delivered to the buyer on “sale or return” for period of seven days, ownership of the goods passes to the buyer
Upon perfection of the contract
Upon acceptance by the buyer of the offer of the seller
Upon expiration of seven days
Upon delivery of the goods
B imported radios from Taiwan and asked for 220 volts radios. The radios arrived clearly labeled 220 volts and B sold them to the public as such. Later the customer complained that the radios have been mislabeled by the manufacturer and that they were good only for 110 volts. As a consequence
B is liable to the vendees for any hidden defects even though he is not aware
B is not liable because he is in good faith
B is not liable under the principle of “caveat emptor” or let the buyer beware
The vendees may hold the manufacturer liable but not B because B specifically asked for 220 volts
Not an element of the sellers right of stoppage in transit
The good must be in transit
The buyer must be insolvent
The seller must be in possession of the goods
The seller must be unpaid
A owns 50 mango trees bearing fruits, ready for harvest. She sold all the fruits of all the trees to B who paid P100,000. A told B that he can harvest her fruits anytime he likes and pointing at the mango trees. For legal purposes, A has fulfilled her obligation to deliver the mango fruits to B by
Traditio brevi-manu
Traditio symbolica
Traditio longa-manu
Traditio constitutum possessorium
Ownership of the thing sold is
Retained by the seller in ‘sale or return’
Transferred to the buyer upon constructive or actual delivery of the thing sold
Acquired by the buyer upon perfection of the contract
Transferred to the buyer upon acceptance of the price
X sold his car to Y for P50,000. No date was fixed for the performance of the obligation of the seller and the buyer. The obligation of X is
To deliver the car immediately because the sale is a perfected contract
To deliver the car only after Y writes to X demanding the delivery of the car
To deliver the car only after Y pays the P50,000
To rescind the contract because there is no time fixed for the delivery
A contract of sale whereby the seller acquires the right to redeem or repurchase the object of the sale from the buyer within a certain period agreed upon
Equitable mortgage
Absolute sale
On sale or return
Pacto de retro sale
If redemption is to be made by the seller, one of the following need not be given to the buyer
Expenses of the contract
Interest on the price of the sale
Necessary expenses on the thing sold
Price of the sale
A, B and C are co-owners of an undivided parcel of land, A sold his 1/3 interest to B absolutely. Which is correct?
C may exercise his right of redemption on the interest sold by A to B
C can not exercise the right of redemption because the sale was made in favor of a co-owner
The sale made by A to B is void because it was not made in favor of a stranger
C may redeem only ½ of the interest sold by A to B
Using the preceding number, Suppose, instead of selling his interest to B, A sold it to D, who can exercise the right of redemption?
Both B and C
B but not C
C but not B
A, B and C
