Wain Hho n ( _Ceexecanty inherent in a contract of sale to transfer ownership, whether or not mentioned init, is knows 25 oy Were one < Warranty against eviction FB gra, ». Warranty against hidden detects | alee beranly a ane Mrcerchantabiny. Varn /! ae Mphed warersty chemen, g »_-serS true pacto de retro sale, the title and ownership of the property sold are immediately vested in the vendee « ‘tro Subject only to the resolutory condition of repurchase by the vendor a retro within the stipulated erie This is known as 4p 3, Equitable mortgage 2 Legal redemption 2 Conventional redemption( Pru le refs) Equity of redemption h l 5. The contract shall be presumed to be an equitable mortgage, in one ofthe following: a. The price of the sale is unusually inadequate b, The vendee remains in possession L The vendor retains for himseli a part of the purchase price ‘d._The'vendee binds himself to pay the taxes on the thing sold en of the following is nota right of the unpaid seller? 2. Alien on the goods while in his possession 37|_% Rihtof stoppage of goods in trensit even If buyer ipsa Right to rescind the sale = d._ Right of resale. a ( 3-1 The seller must be the owner of the property he sells but his ownership need not exist on perfection but unc delivery of the thing. ‘il, Acontract of sale may be absolute; conditional, either suspensive or resolutory; or the subject to a contingency or undivided interest in property, either present or future including futyre inheritance 2. Both are false statements. Z. Firsts true, second is fase. b. Both are true statements, d._ First is false, second is true. \ ah S offered his land to B with the understanding that the latter shall fix the price. B, as agreed upon fixed the price b at P2M, although the land's market value was P1.5Mi. itis clear, therefore, that Sisto benefit from the transaction Was there a sale? = an lo perfected sale as there was no consent on the price. There was a perfected sale, fixed hy buyer end accepted by the seller There's valid sale since the buyer was authorized to fix the price. 4d. Voidable sale at the option of the ouyer due to mistake in the fixing of the price, ty C _ She following are the alternative remedies, except one available to the(Guyerjn case of breach of warra encenton caller ee Keep the good and ask for damages * =~ qe b. Refuse to accept the goods and ask for damages — AO Rescind the sale and gan e cooly x d. Keep the goods and set ovagatest the seller by way of recoupment in price. nek Oyerey b h ®. 86tallyauthorffed ', his sister, to sel! his parcel of land. The land was purchased by X, but S did not forward i= money to B. Now, B wants to Tecover the parcel of land > Nort Sek (@GB cannot recover because the sale is valid ®. Ban recaver because the sale between $ and X is@Gid, therefore there is no sale ¢. Bcan recover only if 8 can return the money paid byXtoS < d. Answer not given i h 9s tradition is equvaient toa Longamanu ©. Symbolical delivery AC Execution of a public instrument ra ssadenana oo a 7 re polndhg 5d to B a speci "fighting cock” by pointing it to B, What kindof delivery is effected?” -/™” 4 a. Brevimanu . Constitutum ‘Longa Manu b. Quasi tradition ‘Possessorium None of the abo. C N 14, Ownership of incorporeal property is transferred to the buyer, except: ‘a. Execution of the sale in a public instrument —~ b, Placing the titles of ownership in the possession of the buyer c.__ Use the buyer of his right, BC None of the above z op ree 2_Ac6ffered to sell his lotto B for P100,000. in hs offer to sell it was stated‘thatB is elven 60 days to prepare the re nee a asB 4 sed with the money, A will execute a deed of sale. Before the end of 60 days, A informed B that the price of the lot was increased to P120,000, May B compel A to accept P100,000 offered previously by Aand make im execute the deed af sale? ¢ shedlan Ceccphd we lace, OPP tse 2. Yes, because As already estopped by his signal letter _X© No, for B never signified his acceptance of A's offer. c. Yes, because there was actual meeting of minds of the parties d. Answer not any of the above. te - ( 1 ‘The vendor is bound to deliver the thing sold and its accessions and accessories in the condition in whi ‘were upon t! II fruits shall pertain to the vendee from the day which the contr: wwas perfected. a \. Whenever option money is given in a contract of sale, it shall be considered as part of the price and as prooi c 2y\ ine pertectiafiof the contra con a. True, true Spbenn eYy True, false b. False, True ii d. False, false p 4, Piithorized A, B, and C to sell his car with the agreement that the latter shall be golidarily liable. However, atte delivery of the car to them, it was lost through the fault of A only. P can claim damages from: a. Only from A because he exceeded his authority when the car was lost. b, Only from A because he was the only one at fault. c. Band C because they are alsc le for the fault of A. (ST A,B, and C because of their solidary liability. 4 ¢ Zan se por -Z Cooperseten peor A @ 15, $60id to B a specific car for P200,000 payable in four equal installments. § delivered the car to B but requires ‘to mortgage it back to S to answer for the unpaid installments. 8 aid he 1nd 2d instalments but he failec to pay the balance. S foreclosed the mortgaged property and sofd it at public auction For PBO,000. As a result. fo/= yy a. Scan recover from B the balance of P20,000 b. Scan recover from B the balance of P20,000 if there is stipulation to that effect AZ Scannot recover the deficiency any more even if there is stipulation to that effect dd. Scannot recover the deficiency except if there is stipulation C 26. 1. A statement in writing by the pledgee that he renounces or abandons the pledge will extinguish the pledr. only if accepted by the pledgor or owner and the thing pledged is returned. — ror gat, Atthe public auction, the pledgee may also bid and his offer shal be valid even fhe thegfily bide? a. Bothare true “5 Only the first is true b. Both are false d. Only the second is true _— \L-*Sold his land to B. the sale was made orally. B paid the agreed price. B wanted to have the sale registered bur he needs a public instrument. Which is correct? ore] ork bb pp nape! potty © vemhe-2. Bmay sue A for the return of his money as no one shall unjustly enriched at the expense of another b. Bcannot demand the return of the purchase price because the sale is unenforceable BI _s¢ Bmay compel Ato execute the public instrument because the sale is valid 4. Bmay only occupy and use the land as buyer in good faith is, Which of te following statements is no ‘2. If Agives his ring to B but it's not clear whether A donated it or merely lent it, the contract should be interpreted as commodatum rather than donation b. IF Asells his car to B but A has 4 cars and it cannot be determined which car was sold, the contract of sl is void. ~~ (qc A borrowed P 100,000 from 8 which bears interest at 12% per year but there is doubt whether it's pav20' in 2 or 3 years, the period of payment shall be interpreted at 2 years a Aengaged the services of 8 but the contract didnot indicate the amount of compensation tobe pai ‘amount thereof shall be the rate that is customarily paid in the place where the services were rendered <— fre 18 ypcrtosn Which of the following contracts of sale is void? a. Sale of EGM’SIGARBYKRPIEGM’'s agent, whose authority is not reduced into writing