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Atp Bugayong Questions Whole Sem PDF
Atp Bugayong Questions Whole Sem PDF
PART 4: AGENCY
Agency defined in 1868
A letter authorizing domestic worker...(Hypo shit)
Employer-Employee VS Agency(MINISTERIAL FUNCTIONS)
Broker VS Agency(LATTER IS MIDDLEMAN ONLY)
Elements of agency
Express Agency? Form?
Is there a written implied agency?
Agency by Estoppel VS Implied Agency?
Implied agency from
point of view of authority
point of view of acceptance
1872 para 1 and 2?
Other questions:
1. How do you know a person is authorized to be an agent? 1873
2. Is the manner of information material? Why? (Yes)
3. Difference between general pa and special pa?
4. Can a GPA be couched in specific terms?
5. Can an SPA couched in general terms?
6. If the principal states that he withholds no power/agent. May do any other act,
is it special power
7. When are SPA's necessary? (1878)
8. What is payment? Does it mean it is only for the payment of money? (No.
Performance also)
9. What do you mean acts not considered acts of admin? Example?
10. Is paragraph 5 same as para 12?
11. Does power to sell includes power to mortgage? Is agent bound if no SPA?
12. Are all in art 1878 acts of strict dominion? Are they modes of extinguishment
of obligations?
13. Example of para4?
14. Acts of strict dominion not in the enumeration? (Sale of personal property.)
What is the first and foremost obligation of an agent? Carry out the agency
What is required of the agent? Act within scope & on behalf of principal
What is the effect of compliance with the 2? P is liable, A is not personally liable
When can you say an agent is acting within authority? Acts within terms of power of atty
What is the difference between instruction and authority?
(Study distinctions of W/ authority of agent / principal ---- w/o authority of
agent/principal)
Stipulation as to price -authority or instruction =authority
Give and explain the different obligations
What are the obligations which require the payment of damages?
What are commission agents? Are they the same as factors? Yes
What is the difference between ordinary commission and guarantee commission?
Are these the same as a del credere agent?
Give the obligations of a commission agent.
What is a guarantee commission?
What is the obligation if he sells on credit?
What is the rule as to sale on credit? Gr: cannot sell on credit Ex: with stipulation
Why are commission agents entitled to the excess benefits if he sells on credit?
If he sells with a different price from that given by principal, is he still entitled to the
benefits?
What is the first and foremost obli of the principal? Comply
What presumption arises from it? That it is w/in scope and in the name of principal
Give another obli: dapat ibigay niyo yung advance payment muna bago reimbursement
Whose obligation is it to pay? Gr: principal
What are the instances where agent is obliged to pay?
When is the principal not liable for expenses?
What is the liability of 2 principals? Gr: joint
Ex: solidary
What is the effect of sale by principal and agent of the same thing to different persons?
Is it a form of implied revocation?
PART 5. TRUST
What is trust?
Characteristics
What is the distinct character of trust not present in agency and partnership?
Is trust safekeeping?
Difference between legal title and equitable ownership
Example of legal title. Example of equitable ownership?
Who is the real owner is trust? Is it the trustee or the beneficiary? Or the trustor?
(1) kinds of implied trusts
(2) 3 instances for each kind of implied trusta
(3) (a) summary rules of acquisitive prescription
(b) summary rules of prescription of action for proprty held in trust.
tapos samin explain the characteristics and elements of trust
Purpose of bond
Modes of extinguishment
Rules on acquisition by prescription
Rules of prescription on action of recovery
1.) What is the purpose of the bond;
2.) what are the modes of the extinguishment of trust?;
3.) give the summary rules on:
a.) acquisitive prescription; and,
b.) action to reconvey property held in trust