CHAPTER VI - ACTIONS FOR BREACH OF CONTRACT OF GOODS

Multiple Choice
1. Includes all chattels personal but not things in action or money of tender in the Philippines. The
term includes growing fruits or crops,
a. Goods
b. Things
c. Real property
d. Immovable property
2. I. Where the ownership of the goods has passed to the buyer and he wrongfully neglects or refuses
to pay for the goods, the seller may maintain an action against him for the price of the goods.
II. Where the price is payable on a certain day and the buyer wrongfully neglects or refuses to pay
such price, the seller may maintain an action the price although the ownership in the goods has not
passed.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false
3. I. Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may
maintain an action against him for damages for nonacceptance.
II. While labor or expense of material amount is necessary on the part of the seller to enable him
to fulfill his obligations under the contract of sale, the buyer repudiates the contract, the buyer
shall be liable to the seller for labor performed or expenses made before receiving notice of the
buyer's repudiation or countermand.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false
4. The seller may totally rescind the contract of sale of goods in the following cases, except:
a. The buyer has repudiated the contract of sale.
b. The buyer has manifested his inability to perform his obligations thereunder.
c. The buyer has committed a breach of the contract of sale.
d. None of the above.
5. The following are the remedies of the buyer in case of breach of warranty the seller of goods,
except:
a. Accept or keep the goods and set up against the seller, the breach of warranty by way of
recoupment in diminution or extinction of the price.
b. Accept or keep the goods and maintain an action against the seller for damages for the
breach of warranty.
c. Refuse to accept the goods, and maintain an action against the seller for damages for the
breach of warranty.
d. None of the above.