Professional Documents
Culture Documents
2. X, 17 years old, sold to Z, of legal age, her necklace A. Things subject to a resolutory condition may be the
worth P20,000 for P15,000. Later, Z sold the necklace object of the contract of sale.
to Y for P20,000. Which of the following statements is B. A thing is generic when it is particularly designated
correct? or physically segregated from all others of the same
class.
A. X has got a voidable title because at the time of C. Things having a potential existence may be the
sale, she is a minor object of the contract of sale.
B. X can ask for rescission of the sale to Y because she D. The sole owner of a thing may sell an undivided
suffered a lesion of more than ¼ of the value of the interest therein
property.
C. If Y is in bad faith, Y becomes the owner of the 11. X needs a size of 10 of model 101 of Leather Shoes
necklace upon delivery to him but his title is voidable. regularly available to the public for her boyfriend Z,
D. X can ask for the annulment of the sale to Y because but the same is out of stock so she placed an order for
at the time of sale she is a minor. one. On the other hand, Z placed an order for size No.
8, colored violet, (something not ordinarily made by
3. This serves as a proof of the perfection of the the company) to be given to X. Which is correct?
contract of sale
A. Both are contracts of sale
A. Dacion en pago B. Option money B. Both are contracts for a piece of work
C. Delivery D. Arras C. First is a contract of sale second is a contract for a
piece of work
4. A contract of sale is not a(an) D. First is a contract for a piece of work, second is a
contract of sale
A. Onerous contract B. Accessory contract
C. Commutative contract D. Bilateral contract 12. V offered to sell for P12,000,000 her house and lot
to DD who was interested in buying the same. In her
5. Warranty against hidden defects is letter to DD, V stated that she is giving DD a period of
one month within which to raise the amount and that
A. An essential element B. A natural element as soon as DD is ready, they will sign the deed of sale.
C. An accidental element D. An artificial element Five days before the expiration of the one month
period. V went to DD and told her that she is no longer
7. When a sale of a piece of land or any interest willing to sell the property unless the price in
therein is through an agent, the authority of the agent increased to P15,000,000. Which is correct?
shall be in writing, otherwise the sale is
A. DD may compel V to accept the P12,000,000 first
A. Valid B. Voidable offered.
C. Unenforceable D. Void B. V may compel DD to pay P15,000,000
C. V and DD should shoulder the P3,000,000 difference
D. DD cannot compel V to accept the P12,000,000 first 19. Effected when the object of sale is already in the
offered possession of the vendee at the time of sale so that
delivery need no longer be made is
13. If the object of the contract is specially made or
manufactured at the specific order of another, it is a A. Traditio longa manu
contract for a piece of work. This is B. Traditio brevi manu
C. Traditio constitutum possessorium
A. English rule B. Massachusetts rule D. Traditio symbolica
C. New York rule D. Chicago rule
20. When the owner of the thing sells it to vendee, but
14. If the article already exists and subsequently continues to have possession or occupation of the
acquired by another, it is a contract of sale, and if the thing not as owner but as tenant or lessee
article is still to be manufactured at the instance of
another, it is a contract for a piece of work. This is A. Traditio longa manu
B. Traditio brevi manu
A. English rule B. Massachusetts rule C. Traditio constitutum possessorium
C. New York rule D. Chicago rule D. Traditio symbolica
15. If the material used in the manufacturer of the 21. Goods are deemed in transit
article is more valuable, it is a contract of sale, and if
the labor or skill is more valuable than the material A. When the buyer accepts delivery of the goods upon
used in the manufacture of the article, it is a contract arrival at destination
for a piece of work. This is B. When the buyer intercepts and lawfully takes
possession of the goods at any point before
A. English rule B. Massachusetts rule destination.
C. New York rule D. Chicago rule C. From the time they are delivered by the seller to a
common carrier or other bailee for transmission to the
16. The rule observed in the Philippines is buyer, up to the time that the buyer or his agent takes
delivery of the goods from the carrier or bailee.
A. English rule B. Massachusetts rule D. When the carrier or bailee, upon arrival of the
C. New York rule D. Chicago rule goods at destination acknowledges to the buyer or his
agent that he is holding the goods as bailee for the
17. The Realty Installment Buyer Protection Act applies latter.
to all transactions involving the sale or financing of
real estate on installment but it excludes the following 22. Goods are deemed no longer in transit
except:
A. If the goods are rejected by the buyer for a valid
A. Sale or financing of industrial lots reason and the carrier or other bailee continues in
B. Sale or financing of commercial building possession of them, even if the seller has refused to
C. Sale to tenants under the Land Reform Code receive them back.
D. Sale of residential condominiums B. From the time they are delivered to a carrier by
land, water or air for the purpose of transmission to
18. Delivery by merely pointing to the object of sale if the buyer.
it cannot be delivered to the vendee at the time of the C. From the time they are delivered to a bailee for the
sale is purpose of transmission to the buyer until the buyer
or his agent in that behalf, takes delivery of them from
A. Traditio longa manu such bailee.
B. Traditio brevi manu D. If the carrier or other bailee wrongfully refuses to
C. Traditio constitutum possessorium deliver the goods to the buyer or his agent in that
D. Traditio symbolica behalf.
23. X sold to V orally a parcel of land for P200,000. X 27. Action by the vendee against the vendor to nullify
effected the delivery of the land. The payment of the the sale due to some vices or defects which render the
price was to be made three month later. At the end of object of sale unfit for the use intended or knowledge
three month period of which the vendee should not have bought the thing
A. V may refuse to pay claiming in his defense the A. Accion quanti minoris
Statute of Frauds B. Accion reinvidicatoria
B. V may return the parcel of land to X C. Accion pauliana
C. X can collect from V because the contract has D. Redhibilitory action
already been executed
D. V may refuse to pay on the ground that there is no 28. Action to seek a corresponding reduction in price
written contract to support the sale. by reason of some vices or defects in the thing
purchased
24. On January 15, 2010, X sold for P2M her house and
lot to V. It was agreed that delivery of the house and A. Accion quanti minoris
lot, and the payment therefore, would be made on B. Accion reinvidicatoria
March 10, 2010. Unfortunately, Z a stranger C. Accion pauliana
negligently set the house on fire on February 25, 2010, D. Redhibilitory action
and the house was completely destroyed. Which is
correct? 29. The redhibitory action based on the faults or
defects of animals must be brought within
A. V is not required to pay the P2M since the contract
had no subject matter. A. 30 days from delivery to the vendee
B. X must still deliver the lot but is excused from B. 40 days from delivery to the vendee
delivering the house, while V must still pay the P2M C. 45 days from delivery to the vendee
C. X must deliver the lot while V should pay only the D. 6 months from delivery to the vendee
amount equivalent to the value of the lot.
D. X need not deliver the lot while V need not pay the 30. In contract of sale, if the price is absolutely
P2M simulated, the sale is
A. Waiver intentionada B. Waiver consciente 40. After the death of C, A, C’s son, sold his inheritance
C. Waiver cursunada D. Waiver inocente though its amount has not yet been determined to B
for a consideration of P1,000,000. Which is correct?
36. A contract of sale whereby the seller acquires the
right to redeem or repurchase the object of the sale A. The contract is valid if the value of inheritance is at
from the buyer within a certain period agreed upon least equal to P1,000,000
B. The contract is valid even though the inheritance to
A. Equitable mortgage B. Absolute sale be turned over to B is less than
C. On sale or return D. Pacto de retro sale P1M
C. The contract is void as future inheritance cannot be
37. A sold to B his car and promised to deliver ten days the object of sale
later. The next day, after the sale to B, A sold the same D. The contract is unenforceable
car to C and immediately affected delivery. On the day
agreed upon, A did not deliver the car to B. Which is 41. X stole a fountain pen from P and sold it to Z
correct? Merchandise, a “store for pens”, which paid for it in
good faith, not knowing it was stolen. The “store” then
sold it to C, a student. Which is correct?
A. C cannot be considered as the owner because the 46. Not an element of the sellers right of stoppage in
original seller (X) is not the real owner. transit
B. P may recover the fountain pen from C without
reimbursement because he is the legal owner. A. The goods must be in transit
C. C became the owner because he purchased the pen B. The buyer must be insolvent
from a merchant store C. The seller must be in possession of the goods
D. C became the owner regardless of whether the D. The seller must be unpaid
seller is a store for pens or not because C bought it in
good faith. 47. 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
42. When goods are delivered to the buyer on “sale or balance at P10,000 per month until full payment of the
return” for period of seven days, ownership of the purchase price. Later the car gets burned in the
goods passes to the buyer possession of B through fortuitous event and without
B’s fault, before full payment of the balance. Is B
A. Upon perfection of the contract obliged to pay the balance?
B. Upon acceptance by the buyer of the offer of the
seller A. No, because the car was lost through fortuitous
C. Upon expiration of seven days event and without B’s fault, hence B’s obligation is
D. Upon delivery of the goods extinguished.
B. No, because the loss should be borne by the seller
43. Quasi-traditio is equivalent to as this an installment sale so until the buyer pays the
full amount of the price of the sale, A remains to be
A. Traditio longa manu the owner.
B. Traditio brevi manu C. Yes, but A must give another car to B because of the
C. Traditio constitutum possessorium principle “genus nunquam perit” or generic thing
D. Execution of a public instrument never perishes
D. Yes, because the principle “res perit domino” or the
44. Vi imported radios from Taiwan and asked for 220 thing perishes with the owner.
volts radios. The radios arrived clearly labeled 220
volts and Vi sold them to the public as such. Later the 48. A, B and C are co-owners of an undivided parcel of
customer complained that the radios have been land, A sold his 1/ 3 interest to B absolutely. Which is
mislabeled by the manufacturer and that they were correct?
good only for 110 volts. As a consequence
A. C may exercise his right of redemption of the
A. Vi is liable to the vendees for any hidden defects interest sold by A to B
even though he is not aware. B. C cannot exercise the right of redemption because
B. Vi is not liable because he is in good faith the sale was made in favor of a co-owner
C. Vi is not liable under the principle of “caveat C. The sale made by A to B is void because it was not
emptor” or let the buyer beware made in favor of a stranger
D. The vendees may hold the manufacturer liable but D. C may redeem only 1 /2 of the interest sold by A to
not Vi because Vi specifically asked for 220 volts B
45. If the redemption is to be made by the seller, one 49. Using the preceding number, suppose, instead of
of the following need not be given to the Buyer selling his interest to B, A sold it to D, who can exercise
the right of redemption?
A. Expenses of the contract
B. Interest on the price of the sale A. Both B and C B. B but not C
C. Necessary expenses on the thing sold C. C but not B D. A, B and C
D. Price of the sale
50. Which of the following cannot be the object of a legal purposes, X has fulfilled her obligation to deliver
contract of sale? the mango fruits to V by
Source: https://kupdf.net/download/law-on-sales-
testbank-cpardocx_598ea1eedc0d60ea34300d1b_pdf