1. When a vendee makes an intencionada waiver,...

FALSE
2. In a sale by description, the buyer merely relies on the seller’s representation or
description. TRUE
3. Option money is a separate consideration from the purchase price. TRUE
4. An unpaid seller is one who has merely been paid partially but has not been paid
as to the balance of the price. FALSE
5. The mere exhibition of the object for sale makes the sale a sale by sample.
FALSE
6. An unpaid seller has a right to rescind the contract of sale where the buyer delays
in the payment of the price for an unreasonable time. TRUE
7. A contract of sale is an innominate contract. FALSE
8. If redemption is made, the seller must pay the buyer interest on the price paid by
the buyer. FALSE
9. Ownership of a thing sold is transferred to the buyer upon constructive delivery of
thing sold. TRUE
10. An opinion is any affirmation of fact or any promise by the seller relating to the
thing, the natural tendency of which is to induce the buyer to purchase the thing, and
the buyer thus induced, does purchase the same. FALSE
11. Where the buyer has been totally evicted of ownership of the thing bought,
rescission is his proper remedy. FALSE
12. If the price is simulated, the sale is void, but the act may be shown to have been
in reality a donation or some other act or contract. TRUE
13. It is a right of the vendee to examine the goods upon delivery. TRUE
14. There may be a contract of sale of goods whose acquisition by the seller
depends upon a contingency which may or may not happen. TRUE
15. A mere expression of opinion, no matter how positively asserted, does not import
a warranty unless the seller is an expert and the opinion was relied upon by the
buyer. TRUE
16. Dacion in pago is a mode of extinguishment of obligation in the form of
payment. TRUE
17. There is no warranty against hidden defects if there is a waiver of the warranty
by the vendee. TRUE
18. A requisite for the warranty against eviction is that the vendor must be
summoned in the suit for eviction at the instance of the vendee. TRUE
19. A contract of sale is perfected by the delivery of the object of the sale and
payment of the price. FALSE
20. A seller who has no actual possession can nevertheless transfer ownership by
constructive delivery. TRUE
21. A co-owner can exercise his right of legal redemption irrespective of the kind and
area of the land sold. TRUE
22. Consummation is the stage of a contract of sale when there is already a meeting
of minds as to the object of sale, the consideration and other terms and conditions.
FALSE
23. A lawyer is absolutely disqualified to purchase the property of his client. FALSE
24. Fitness for a particular purpose is a warranty that the goods are suitable for the
special purpose of the buyer. TRUE
25. The obligations of the vendor to transfer ownership to the buyer cannot be
waived. TRUE
26. Ownership of a thing sold is transferred to the buyer upon payment of the
price. FALSE
27. Legal redemption can be effected on either movable or immovable properties.
TRUE
28. Barbie buys from Shelley 100 dolls. If Shelly delivers 95 dolls, Barbie can reject
the entire order. TRUE
29. Carl offered to sell his P100 Million Forbes Park property to Maricor for P100
Thousand, which Maricor accepted. The contract is avoidable because there is
mistake. FALSE
30. If the object of sale is totally lost before the perfection of the contract the seller
bears the loss. TRUE
31. A pacto de retro sale is a conditional sale. TRUE
32. A contract which involves goods which vendor manufactures or procures for
general consumption is a contract of sale. TRUE
33. A pacto de retro sale is a sale which gives the vendor the right to repurchase the
object within a certain period of time. TRUE
34. A solicitation is when there is unilateral promise to sell or buy. FALSE
35. A promise to buy and sell a determinate thing is reciprocally demandable.
FALSE
36. Things with potential existence, future goods, and the sale of a vain hope may be
object of a contract of sale. FALSE
37. Delivery is when the object of sale is placed in the control and possession of
buyer. TRUE
38. In a contract of sale of a specified article under its patent or other trade name,
there is no warranty at all. FALSE
39. In a pacto de retro sale, the inadequacy of the price can convert the contract into
an equitable mortgage. TRUE
40. If the seller is obliged to ship the goods to the buyer and takes a bill of lading
whereby the goods are deliverable to him and retains the bill of lading, the seller has
not parted with the ownership of the goods. TRUE
41. Merchantability is a warranty that the goods are reasonably fit for the general
purpose for which they are sold. TRUE
42. The buyer is entitled and has the right to the fruits of the thing sold from the time
the sale is perfected. TRUE
43. In a sale by auction, the auctioneer can withdraw the goods from the sale unless
the auction has been announced to be without reserve. TRUE
44. The thing is understood as delivered when it is placed in the possession of the
vendee. TRUE
45. If the parties only intended to use the thing sold as security for a loan, a pacto de
retro sale is deemed an equitable mortgage. TRUE
46. The acceptance by the buyer does not relieve the seller of his warranty against
hidden defects. TRUE
47. If the price is grossly inadequate, the contract cannot be a sale. FALSE
48. In a sale of personal property by installments, where the very property bought
has been sold on execution, for the payment of the unpaid balance of the purchase
price, the seller can still recover the deficiency from the buyer. TRUE
49. Under “res perit domino” the owner of the thing bears the loss. TRUE
50. In a pacto de retro sale of real property there is a need for a judicial order for
consolidation of ownership in the vendee to take place. TRUE
51. A contract or receipt for the transport of goods and their delivery to the person
named therein, to order or to bearer, is a Bill of Lading. TRUE
52. By rescinding the sale an unpaid seller can intercept the goods before arrival at
destination. FALSE
53. A contract of sale is an accessory contract. FALSE
54. A seller, who does not own the thing can sell the thing, provided he has
ownership at the time of delivery. TRUE
55. A guardian cannot purchase the property of his ward during the period of
guardianship because of relative incapacity. TRUE
56. An unpaid seller has a right to rescind the contract of sale when the unpaid seller
has lost the right of lien. FALSE
57. A “sale on approval” is perfected from the time the thing is delivered to the
vendee. FALSE
58. The sale of a hope or expectancy is voidable. FALSE
59. You pay option money to bind the offeror in a unilateral promise to sell or buy.
TRUE
60. In a contract of sale, the price is certain if it is to be ascertained with reference to
another thing certain. TRUE
61. In traditio brevi manu delivery takes place when the vendor continues in
possession of the property sold not as owner but in some other capacity. FALSE
62. Right of stoppage is the right of an unpaid seller to recover the goods while
already on the way to be delivered to the buyer. TRUE
63. A requisite for the warranty against eviction is that the goods are not suitable for
the purpose for which they were sold. f
64. In Sale there is a pre-existing obligation or credit like in dacion in pago. f
65. A “sale or return” is perfected from the time the thing is delivered to the vendee. f
66. Sandy asks Paolo to build a house for her for P1,000,000. Paolo builds the
house on his lot worth P5,000,000. Sandy pays for both the lot and the house. This
contract is one for a piece of work. f
67. The sale of a mere hope or expectancy is valid, but the sale of a vain hope is null
and void. t
68. The obligations of the vendor to warrant the thing sold cannot be waived. f
69. Under the Statute of Frauds all contracts of sale must be in writing. f
70. Generally, where goods are delivered to the buyer and he refuses to accept
them, having the right to do so, he is not bound to return them to the seller, but it is
sufficient if he notifies the seller that he refuses to accept them. t
71. Simulated price will always make the contract of sale void. t
72. In a contract of sale, the price is certain if the determination of the price is left to
the judgment of a third person. T
73. A contract where the consideration is partly in money and partly in kind and the
value of the thing is more than the cash value is a contract for a piece of work. f
74. Express warranty is breached when the buyer is deprived of the object of sale
due to an act imputable to the seller. f
75. In a double sale of movable property, the ownership shall be acquired by the
vendee who has possession. t
76. The fixing of the price can never be left to the discretion of one of the contracting
parties. If the price fixed by one of the contracting parties is accepted by the other,
the sale is inefficacious. t
77. It is an obligation of a vendor to pay for the expenses of the sale. t
78. The vendee has to accept delivery of goods in installments even if not stipulated.
f
79. The Seller’s right to retain or keep the goods until fully paid is constitutuum
possesorium. f
80. Seller loses his right of lien when the buyer or his authorized representative
obtains or takes possession of the goods lawfully. t
81. Earnest money is the amount given by the buyer considered as a down payment
of the purchase price and evidence of the perfection of the sale. t
82. A contract of sale is a real contract. F
83. An unpaid seller has a right to rescind the contract of sale when the unpaid seller
has a right to stop the goods in transitu. T
84. In a contract of sale of personal property payable in installments, the vendor can
exact fulfillment of the obligation even if the vendee fails to pay one installment. T
85. It is an obligation of the vendee to accept the thing delivered. T
86. Ownership of a thing sold is retained by the seller in “sale or return”. F
87. In a contract of sale of personal property payable in installments, the vendor can
cancel the sale only if the vendee fails to pay two or more consecutive installments.
T
88. In a contract of sale of personal property payable in installments, the vendor can
cancel the sale if the vendee fails to pay two or more installments. F
89. The husband sold his land to his wife. The husband was indebted to Creditor. If
the husband cannot pay his debt, the Creditor can question the sale by the husband
to his wife. T
90. Ownership of a thing sold is acquired by the buyer upon perfection of the sale
contract. F
91. A contract of sale is perfected when there is an offer to buy together with an offer
to sell. F
92. Absent an agreement, price is to be paid at the time and place of the perfection
of the sale. F
93. In double sale, ownership of the real property sold shall belong to, in the
absence of registration and possession, the vendee who presents the oldest title
provided he bought the property in good faith. T
94. If it is stipulated in a pacto de retro sale that the right to repurchase cannot be
exercised within 3 years from the date of the contract, the vendor has only 1 more
year from the date of the contract to repurchase the thing sold. T
95. Ownership over the thing sold is transferred by delivery. T
96. The obligations of the vendor to pay the expenses of the deed of sale can be
waived. T
97. You pay option money only when there is a perfected contract of sale. F
98. In a contract of sale, ownership shall only pass to the vendee upon full payment
of the purchase price. F
99. Where the price of the object was fixed but the manner of payment was not
agreed upon, there is no perfected contract of sale. F