LAW ON SALES

Final Examination
First Semester, AY 2020-2021
Prof. Roberto L. Figueroa

INSTRUCTION: Please explain your answers indicating clearly the reasons used in reaching your
conclusion.

There are 10 questions in this exam. Each question is worth 5 points.

May the odds be always in your favor!

1. Andres, Ben and Cardo are the co-owners of an undivided house. Andres sold with right to
repurchase his share to Dennis. Later Dennis acquires Ben’s and Cardo’s rights. Now Andres wants
to redeem his share. Dennis refuses and asks Andres to redeem the whole property. Is Andres
allowed to redeem only his share?

2. Aristides sold with right to repurchase his property in Tagaytay to Aldrich. Aldrich then mortgaged
the property with a bank so that he can obtain a bank loan. Can Aldrich mortgage the property
even if it is subject to Aristides’ right of redemption?

3. Arnel owes Bruno, who assigns his credits to Charlie. Arnel, without knowing of the assignment,
pays Bruno. Is Arnel’s obligation extinguished?

4. Kael has sold a piano to Marlowe by private instrument for Php100,000. Who had ownership of
the piano at the moment next after Marlowe had paid the Php100,000 to Kael?

5. Marlowe bought in Cabanatuan City a tractor for a certain price from Mico. It was agreed that
delivery of the tractor should be made within a certain time at the warehouse of the purchases in
Manila, and the balance of the price should be paid at the moment of delivery. While en route to
Manila, the tractor was delivered by Mico to Mario to secure a loan obtained by him for his
personal convenience. Do you think that Marlowe can recover the tractor from Mario? Why?

6. Mai agreed to sell to Cocoy his dog. Before the actual sale takes place, the dog dies through no
fault of Mai. Is Cocoy liable to Mai for the price?

7. Furniture and tobacco were sold, the furniture at 90% of the price shown in a subsequent
inventory, and the tobacco at the invoice price. Is the price here already considered certain?

8. On December 1, 2020, Tere sold to Brent a piece of land, payment and delivery to be made on
December 15, 2020. It was stipulated that should payment not be made by December 15, 2020,
the contract would automatically be rescinded. On December 20, 2020, can Brent still pay?
9. Nini sold to Mimi a piano. If Mimi wrongfully refuses to accept and pay for the piano, what action
or actions are available to Nini?

10. Carol bought a car on installment plan, and as security executed a chattel mortgage on it. Carol
failed to pay 2 installments. The seller foreclosed the mortgage, but the sum he obtained was less
than what Carol still owed him. It had been previously agreed in the deed of sale that Carol would
be liable for any deficiency in this matter. May the seller still sue for the deficiency?