Question 1

Question 1
0 / 1 pts
If immovable property should have been sold to vendees, the owner shall be transferred
to the person-

Who have paid in good faith the purchase price in full

Who have first taken possession in good faith

Who presents the oldest title in good faith

Who in good faith recorded it in the Registry of Property

IncorrectQuestion 2
0 / 1 pts
Four of the following are kinds of constructive delivery. What is the exception

Quasi- tradition

Need not be delivered because the buyer is already in possession

Execution of a public instrument

Actual delivery

Symbol or token signifying delivery

Question 3
1 / 1 pts
The vendor shall not be bound to deliver the thing sold, if the vendee has not paid him
the price , or if no period for the payment has been fixed in the contract

True

False

IncorrectQuestion 4
0 / 1 pts
S sold to B a parcel of land for a lump sum of P50,000. The contract states that the area
is 500 square meters. If the land contains 445 m 2, which of the following is correct?

S is bound to deliver 445m2 and B to pay P44,500

B may rescind the sale because the lack if area is more than 1/10 of the total area


No answer

IncorrectQuestion 5
0 / 1 pts
X, after the death of his father, sold his inheritance to B though its amount has not yet
been determined, for a consideration of P50,000

Contract is void, future inheritance cannot be the object of sale

The contract is valid only if the inheritance values at least to or more than P50,000

The contract is rescissible

He contract is valid even though nothing remains of the inheritance to be turned over to
B

Question 6
1 / 1 pts
Three of the following are elements of the vendor’s right of stoppage in transit. Which is
the exception?

The seller must be unpaid

The goods must be in transit

The buyer must be insolvent

The seller must be in possession of the goods

IncorrectQuestion 7
0 / 1 pts
If the price is uncertain

The buyer must pay a reasonable price

No answer

The price is to be fixed by the court

The transaction is void

IncorrectQuestion 8
0 / 1 pts
Where the price cannot be determined in accordance with the provision of the Civil
Code, the contract is

valid

voidable

inefficacious

void

Question 9
1 / 1 pts
Emptio rei speratae is the sale of thing which is expected to come into existence, the
quantity of which are unknown

True

False

Question 10
1 / 1 pts
A promise to buy and sell a determinate thing for a price certain reciprocally
demandable

True

False

Question 11
1 / 1 pts
In sale of real property for lump sum price, the buyer can ask for reduction in the price if
the seller cannot deliver what is stated within the boundaries

True

False

Question 12
1 / 1 pts
There is a presumption of an equitable mortgage when upon the expiration of the right
to repurchase another instrument extending the period of redemption or granting a new
period is executed

True

False

IncorrectQuestion 13
0 / 1 pts
R brought her diamond ring to a jewelry shop for cleaning. The jewelry shop undertook
to return the ring by February 1, 2020. When the said date arrived, the jewelry shop
informed R that the job was not yet finished. They asked her to return five days after.
On February 6, 2020, R went to the shop to claim the ring, but she was informed that
the same was stolen by a thief who entered the shop the night before. Later the ring
was found in the possession of “T”, the thief
Statement No. 1: The jewelry shop is not liable because the loss of the ring is due to
force majeure. The right of R is to proceed against T, the thief
Statement No. 2: The right of R is to proceed against the jewelry shop owner and ask
the value of the ring plus damages because there was breach of contract. The shop
cannot escape liability because there was delay

Both are true

No. 1 is true, No. 2 is false

No. 1 is false. No. 2 is true

Both are false

Question 14
1 / 1 pts
The delivery of a movable property may likewise be made by the mere consent or
agreement of the contracting parties, if the thing sold cannot be transferred to the
possession of the vendee at the time of the sale, or if the latter already had it in his
possession for any other reason

True

False

Question 15
1 / 1 pts
Statement No. 1: Sale of future inheritance is void; while the sale of hereditary right is
valid, the seller is liable for his character as an heir
Statement No. 2: In contract to sell, delivery to the buyer will not make him the owner
until the price of the sale is totally paid



Both are true

Both are false

0 / 1 pts
S sold B a specific refrigerator for a price of P10,000. It was stipulated in the contract
that B will pay only P6,000 and for the difference B will convey a specific television
valued at P4,000. What is the nature of the contract

Sale

Barter

No answer

Commodatum

Partly sale and partly barter

Question 17
1 / 1 pts
Conventional redemption can be exercised within 4 years if without stipulation as to
period

True

False

Question 18
1 / 1 pts
S entered into a contract with B where S sold his land orally to B. the land has been
delivered and the money has been paid. Is the oral sale of the land valid?

The contract is valid because the contract is already perfected and executed

The contract is unenforceable

The contract is not valid because the contract is not made in a public instrument

The contract is not valid because it is not in writing as required by the statute of frauds
Question 19
1 / 1 pts
Three of the following are conditional sales. Which is the exception?

Sale with a right to repurchase

Sale subject to a contingency

No answer text provided.

Sale of expectancy

Sale of vain hope

Question 20
1 / 1 pts
The vendor shall answer for the eviction even though nothing has been said in the
contract on the subject. The contracting parties, however, may increase, diminish, or
suppress this legal obligation of the vendor

True

False

Question 21
1 / 1 pts
The sole owner of a thing may sell an undivided interest therein

True

False

Question 22
1 / 1 pts
Sale of vain hope or expectancy is governed by conditional sale

True

False

0 / 1 pts
Statement No. 1: The ownership of the thing shall not pass to the purchaser until he has
fully paid the price
Statement No. 2: If at the time the contract of the sale is perfected, the thing which is
the object of the contract has been partially lost, the contract shall be without effect

Both are false


Both are true


0 / 1 pts
In the sale of real estate for a lump sum price, the seller cannot ask for an increase in
the price even if the land is more than that stated within the boundaries

True

False

0 / 1 pts
Which of the following cannot be the object of the contract of sale

No answer

Land which the seller expects to buy

Young animal not yet conceived at the time of perfection

Hereditary right

Sale of credit

Question 26
1 / 1 pts
In Cash on Delivery (COD), the carrier is the agent of the seller to deliver the goods to
the buyer at the point of destination

True

False

Question 27
1 / 1 pts
In case of doubt, a contract purporting to be a sale with Right to repurchase shall be
construed as an equitable mortgage

True

False

Question 28
1 / 1 pts
Unless otherwise agreed, 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. If he voluntarily
constitutes himself a depositary thereof, he shall be liable as such

True

False

Question 29
1 / 1 pts
Gross inadequacy of price does not affect a contract of sale, except as it may indicate a
defect in the consent, or that the parties really intended a donation or some other
contract

+

True

False

Question 30
1 / 1 pts
A sold to B the land, which at the time of sale did not belong to A. Is the sale valid?

No, since in a contract of sale there is the obligation to transfer ownership

No, since nobody can dispose of that which does not belong to him (nemo dat quad non
habet)

Yes, the vendor need not own the property at the time of perfection, it being that he be
the owner at the time he is to deliver the object.

Yes, because of the principle of autonomy of contracts

Question 31
1 / 1 pts
If the same thing should have been sold to different vendees, the ownership shall be
transferred to the person who may have first taken possession thereof in good faith, if it
should be a movable property

True

False

Question 32
1 / 1 pts
Whenever earnest money is given in a contract of sale, it shall be considered as part of
the price and as proof of the perfection of the contract

True

False

Question 33
1 / 1 pts
In a sale by sample, it is understood that the bulk is the sample

True

False

Question 34
1 / 1 pts
If the price is simulated, the sale is void but the act that may be shown to have been in
rality a donation, or some other act or contract

True

False

Question 35
1 / 1 pts
The contract of sale is perfected at the moment there is a meeting of the minds upon
the thing which is the object of the contract and upon the price

True

False

Question 36
1 / 1 pts
A offered to sell his lot to B for P100,000.00. in his offer to sell through a letter it was
stated that B is given 60 days to prepare the P100,000.00, and as soon as B is ready
with the money, A will execute the deed of sale. Before the end of 60 days, A informed
B that the price of the lot was increased to P120,000.00. May B compel A to accept
P100,000.00 offered previously by A and make him execute the deed of sale?

Yes, because there was actual meeting of minds of the parties

Yes, because A is already estopped by his signed letter

No, for B never signified his acceptance to A’s offer

No answer

Question 37
1 / 1 pts
A contract of sale is valid even if at the time of sale, the seller is not the owner of what
he is selling

True

False

0 / 1 pts
S sold to B orally a parcel of land for P200,000. Delivery was made of the land. The payment of
the price was to be made three months later. At the end of the three month period,

B may return the parcel of land to S

S can collect from B because the contract was already executed partially

B may refuse to pay on the ground that there is no written contract to support the sale

B may refuse to pay claiming as his defense the Statute of Frauds

Question 39
1 / 1 pts
In a contract of sale of a specific mare dated September 2, 2018, the seller S is obliged
to deliver to the buyer the mare on October 31, 2017. A week before the due date, the
mare gave birth to a colt. The cold belongs to:

Seller, because there was no specific agreement that it shall belong to the buyer

Buyer, because the fruit arose after the sale was perfected

Buyer, if he pays the price in full

Seller, because the sale is already perfected prior to its birth

Question 40
1 / 1 pts
Where necessaries are sold and delivered to a minor or other persons without capacity
to act, he must pay a reasonable price therefore

True

False

Question 41
1 / 1 pts
Mr. Renato owns a mango tree bearing fruit, ready for harvest. He sells all the fruits of
the tree to A who pays Renato the sum of P5,000.00. Renato tells A that he can just
harvest the fruits anytime he likes pointing at the particular tree. Renato has fulfilled his
obligation to deliver the mango fruits to A by-

Traditio brevi manu

Tradition longa manu

Traditio simbolica

By courier

Question 42
1 / 1 pts
The vendor is responsible to the vendee for any hidden faults or defects in the thing
sold only if he was aware thereof

True

False

Question 43
1 / 1 pts
Which of the following statement is false?

In a contract to sell, ownership is not transferred to the buyer upon delivery

The price is considered certain if it is in reference to another thing certain

A negotiable bill of lading is an example of a negotiable document of title

Stoppage in transit can be exercised by the unpaid seller if the buyer is insolvent and
the vendor has not yet parted with the thing sold

uestion 44
0 / 1 pts
Which of the following obligations of the vendor cannot be waived?

To pay the expenses of the deed of sale

To allow the buyer to examine the goods sold

To warrant the thing sold

To transfer ownership to the buyer

0 / 1 pts
Delivery of movable may be made by the delivery of the keys of the place or depository
where the movables are kept or stored. This kind of delivery is called

Symbolic delivery

Actual delivery

Constitutum possessorium

Tradition longa manu

Question 46
1 / 1 pts
Three of the following characteristics of a contract of sale. Which is the exception

Accessory contract

Commutative contract

Onerous contract

Bilateral contract

0 / 1 pts
Mr. X orders for his workers, 1,000 pieces of t-shirts ranging in size from small to large from
Mr. Y. the specified sizes, although bot then available, are manufactured by said corporation
and consigned to its sales outlets regularly. The contract entered into by Mr. X with Mr. Y is

No answer

A contract of sale

Contract for a piece of work

Contract subject to a resolutory condition

0 / 1 pts
Statement 1: if the price is grossly inadequate, the contract of sale is affected. And if the
price is absolutely simulated, the contract is void
Statement 2: The fixing of the price can never be left to the discretion of one of the
parties. However it may be fixed by a third person

Both are false

No. 1 is false; no. 2 is true

No. 1 is true; no. 2 is false

Both are true

Question 49
1 / 1 pts
Sale is distinguished from dation in payment, in that in sale:

No answer

There is a pre-existing obligation or credit

The cause is the price

It is a mode of extinguishing an obligation in the form of payment

0 / 1 pts
The seller who executed a deed of sale in a public instrument for the sale of specific car
transferred ownership to the buyer by

Quasi-tradition

No answer

Symbolic delivery


Tradition brevi manu

Question 51
1 / 1 pts
S sold to B a specific “fighting cock” by pointing it to B. what kind of delivery is effected?

Brevi manu

Quasi tradition


No answer

0 / 1 pts
The unpaid seller is not entitled to retain possession of the goods where-

The goods have been sold on credit, but the term of credit has expired

The buyer is insolvent

The possession of the seller on the goods is only as agent or bailee for the buyer

The goods have been sold without stipulation as to credit

No answer

0 / 1 pts
Statement No. 1: Where the seller has made part delivery of the goods, he may
exercise his right of lien on the remainder, unless such part delivered has been made
under circumstances as to show intent to waive the right of retention
Statement No. 2: In contract to sell, ownership passes to the buyer upon actual or
constructive delivery


Both are true


Both are false

0 / 1 pts
The vendor -

Is not liable to the vendee for hidden fault or defect of the thing sold if he is not aware
thereof

Is liable to the vendee for hidden fault or defect of the thing sold if he is not aware
thereof if stipulated

Is liable to the vendee for hidden fault or defect of the thing sold even he is not aware
thereof

No answer

0 / 1 pts
S delivers to B a piece of jewelry for a price of P30,000. The contract provides that B
will pay S P15,000 cash and for the balance, B will give S a micro wave oven worth
P15,000. What is the nature of the contract?

Sale

Barter

Commodatum

Partly sale and partly barter

Question 56
1 / 1 pts
The only remedy of the seller in sales of personal property by installment if the buyer
fails to pay covers 2 or more installments is to cancel the sale

True

False

0 / 1 pts
The ownership in the thing shall not pass to the purchaser until he has fully paid the
price

True

False
Question 58
0 / 1 pts
A buyer ordered 5,000 apples from the seller at P20 per apple. The seller delivered
6,000 apples. What are the rights and obligations of the buyer?

He can keep the 6,000 apples without paying for the 1,000 excess since the seller
delivered them anyway

He can cancel the whole transaction since the seller violated the terms of their
agreement.

He can accept all 6,000 apples and pay a lesser price for the 1,000 excess apples.

He can accept all 6,000 apples and pay the seller at P20 per apple.

Question 59
1 / 1 pts
The expenses for the execution and registration of the sale shall be borne by the
vendor, unless there is a stipulation to the contrary

True

False

Question 60
1 / 1 pts
The Recto Law is applicable for

No answer

Sale of car on straight term

Sale of car on installment where the buyer constituted a mortgage on his truck

Sale of horse on installment

Question 61
1 / 1 pts
The vendee a retro is subrogated to the vendor's rights and actions

True

False

Question 62
1 / 1 pts
If several persons, jointly and in the same contract, should sell an undivided immovable
with a right of repurchase, none of them may exercise this tight for more than his
respective share

True

False

0 / 1 pts
A clause in a contract to sell allowing unilateral automatic rescission on the part of the
seller in the event the buyer fails to pay any installment due is valid

True

False

Question 64
1 / 1 pts
There is no rescission in sale of movable and immovable property

True

False

0 / 1 pts
In contract to sell, ownership passes to the buyer upon actual or constructive delivery

True

False

Question 66
1 / 1 pts
B bought from S a specific tractor for P10,000. B paid P5,000 on the date of sale, and
the balance to be aid at the residence of B three days after. While in route to B’s
residence, the tractor was sold and delivered by S to X for P8,000. Which of the
following is correct?

B has no more right because X took lawful possession of the tractor

B is the owner because he has got an older title

B can sue for specific performance

B can rescind the sale, because S cannot comply anymore with his obligation

Question 67
1 / 1 pts
The fixing of the price can never be left to the discretion of one of the contracting
parties. However, if the price fixed by one of the parties is accepted by the other, the
sale is perfected.

True

False

0 / 1 pts
On June 10, 2017, S sold to B a specific car which S acquired from a friend last June 1,
2017. On August 10, 2017, the car was totally destroyed which was traced to a crack in
the engine block. S was not aware of the defect. Is S liable to B?

Yes, S is liable to return the price, expenses and damages actually suffered by B

Yes, S is liable to return the price and expenses incurred by B

No, because S was innocent and a seller in good faith

No, because S has all opportunity to examine the car before buying it

0 / 1 pts
S, 16 years old, sold to B, of legal age, a specific diamond ring for P10,000. Later, B
sold it to X. Which of the following statement is correct?

X, if in good faith, shall become then owner upon delivery to him

No answer

S has a voidable title because at the time of sale, S is a minor

X, if in bad faith, shall also be the owner, except that his title is voidable

0 / 1 pts
The vendor need not be the owner at the time the sale is perfected. It is sufficient that
he is the owner at the time the thing sold is delivered

True

False

Question 71
1 / 1 pts
When goods are delivered to the buyer on “sale or return” for a period of 10 days,
ownership of the goods passes to the buyer -

No answer

On perfection of the contract

On expiration of 10 days

On delivery of the goods

When the buyer signifies his acceptance to the seller

0 / 1 pts
There is a contract of sale

When goods are delivered to an agent to be sold by him and the agent is not liable to
the manufacturer of the goods

When the manufacturer delivers the goods to an agent where the former retains the
ownership and dictates the terms of the sale

When goods are delivered to a person charged to the account

When goods are delivered to a distributor on consignment

Question 73
0 / 1 pts
In the consummation of a contract of sale, the option money given by the buyer to the
seller is deductible from the purchase price

True

False

0 / 1 pts
In sale, the obligation of the vendor is extinguished; while in dation in payment, the
obligation is created

True

False

0 / 1 pts
The expenses for registration and execution of the sale shall always be borne by the
vendor

True

False

Question 76
1 / 1 pts
S offers to B 100 radio sets for P50,000 payable in 30 days with 10% interest per
annum. B emailed S to advise him that he accepts provided the interest is reduced to
5%. If S and B are both merchants and there is no further communication between them
relating to the terms, then-

The contract is formed incorporating only the terms of S

The contract is perfected with B’s reduced interest rate becoming part of the agreement

No answer

B has made a counter offer

0 / 1 pts
If movable property have been sold to vendees, it shall belong to the person

Who in good faith first recorded it in the Registry of Property

Who have paid in good faith the purchase price in full

Who have first taken possession in good faith

Who presents the oldest title in good faith

Question 78
1 / 1 pts
The thing must be licit and the vendor must have a right to transfer ownership thereof at
the time it is delivered

True

False

Question 79
1 / 1 pts
B went to a store and offered to buy a certain watch for P1,000. S said he was willing to
give it for P1,200. B turned away because he did not want to pay the price. S called B
and said he was willing to sell the watch for P1,000. Is the contract perfected?

Yes, because the consent was already manifested at the time of the offer

No, S made another offer not accepted by B

Yes, because there was a meeting of minds between S and B

Yes, because B’s acceptance is not qualified

Question 80
1 / 1 pts
Connie transferred to Violeta a parcel of land for the price of P100,000; P30,000 will be
paid in case for the difference, she will convey her car worth P70,000. What kind of
contract is this?

Contract to sell

Lease contract

Contract of sale

Barter

0 / 1 pts
Where the seller of goods has a voidable title thereto, but his title has not been avoided
at the time of the sale, the buyer acquires title to the goods whether or not the
acquisition is in good faith

True

False

0 / 1 pts
A corporate stockholder sold his share to another, but the sale has not yet been
recorded in the books of the corporation. Is the sale valid?

No, because the sale of shares must be sold by the corporation and that the seller only
had a stock certificate in his hands.etween the parties (seller and buyer) and the
corporation, the sale is perfectly valid since the seller was the owner of the shares

As between the seller and the buyer, the sale is perfectly valid since the seller was the
owner of the shares. However, as between the corporation and the buyer, the latter has
acquired only an equitable title which may eventually ripen into a legal title after he
presents himself to the corporation and performs the acts required by its charted or by-
laws, and which are needed to effectuate the transfer

As between the seller and the buyer, the sale is perfectly valid since the seller was the
owner of the shares. However, as between the corporation and the buyer, the latter has
acquired only an equitable title which may eventually ripen into a legal title after he
presents himself to the corporation and performs the acts required by its charted or by-
laws, and which are needed to effectuate the transfer

the sale is perfectly valid since the seller was the owner of the shares and that it has no
affect upon the corporation since there was no change in percentage of ownership in
the entity.

Question 83
1 / 1 pts
If at the time the contract of sale is perfected, the thing which is the object of the
contract has been partially lost, the contract shall be without effect

True

False

0 / 1 pts
Statement No. 1: If the consideration of the contract consists partly in money and partly
in another thing, and the intention of the parties is not clear, it shall be considered a
barter if the value of the thing given as a part of the consideration exceeds the amount
of money or its equivalent
Statement No. 2: Emptio rei speratae is the sale of thing which is expected to come into
existence, the quality and quantity of which are unknown


both are false

Both are true


Question 85
1 / 1 pts
A contract to sell, even if accepted by the buyer, is not an absolute sale

True

False

Question 86
1 / 1 pts
S offered for sale to B his 2017 Camaro, and leaves to B to determine the price. B
refuses to fix but took the car and used it. Which of the following statements is correct?

There is no sale. B must pay a reasonable price

No sale until a third person fixes the price

S may go to court and ask for damages

No sale, because the price is not fixed by the parties

Question 87
1 / 1 pts
ARRAS is a proof of perfection of the contract of sale

True

False

0 / 1 pts
Sale is a consensual contract; therefore, delivery or payment is not essential for
perfection

True

False

Question 89
1 / 1 pts
G, guardian of W, sold the latter’s house and lot worth P480,000 for P240,000

The contract can be rescinded because of inadequacy of price

The contract cannot be rescinded but can be annulled on the ground of minority of G

The contract cannot be rescinded because there is no fraud, mistake or undue influence

The contract cannot be rescinded because all the essential elements of the contract are
present

Question 90
1 / 1 pts
The sale of a piece of land or interest therein when made through an agent is void
unless the agent’s authority to sell is in writing even if the sale itself is in a public
instrument and has been registered

True

False

0 / 1 pts
In sale with a right to repurchase, the vendee a retro is liable to return to the vendor the
purchase price and its interest at the time of redemption

True

False

0 / 1 pts
S sold to B a parcel of land for a lump sum of P50,000. The contract states that the area
is 500 square meters. Subsequently, it was ascertained that the area included within the
boundaries is really 550 square meters

S or B can rescind the sale because there is no meeting of minds



No answer

Question 93
1 / 1 pts
X Shoe Store entered into separate contracts with two movie stars, B and C. with B, the
agreement was that the shoe store shall deliver at a specific date for a price of P1,000 a
pair of shoes of a specific brand which the store had been manufacturing for the general
public but which at the time of the contract had already been sold out.
With C, the agreement was that the store shall deliver at a specific date for a price of
P2,000 for a pair of shoes to be made specifically for him, in accordance with a design
submitted by him. What is the nature of these two contracts

Combination of sale and contract of piece of work

Agency to sell

Sale

Contract of piece of work

0 / 1 pts
If the consideration of the contract consist partly in money and partly in another thing, it
shall be considered a barter if the value of the thing given as a part of the consideration
exceeds the amount of the money or its equivalent

True

False

0 / 1 pts
Three of the following must be given by the seller to the buyer if redemption is to be
made. Which is the exception?

Necessary expense of the thing sold

Price of the sale

Expenses of the contract

Interest on the price of the sale

Question 96
1 / 1 pts
The sale of vain hope or expectancy is voidable

True

False

0 / 1 pts
S agreed to sell B 100 boxes of napkins with the name of B’s restaurant on the napkins.
In the enforceable contract, it was specified that delivery will take place on April 15,
2019 which is one month after S and B signed the contract. B wanted the napkins by
April 17 because the grand opening of the restaurant was scheduled for April 17. On
April 11, S tells B that he has too many orders and will not be able to deliver the
napkins. What options does B have?
1. Treat it as a present breach of contract and cancel the contract

2. Wait for a reasonable time to see if S will deliver
Ask a third person to perform the obligation at the expense of S but not damages

I only

Either I or II

II only

Either I or II or III

Question 98
1 / 1 pts
In a contract of sale executed by S and B, it appears S sold his motor vehicle to B and
the latter bought it for P50,000. It turned out however, that S has three motor vehicle:
Galant valued at P80,000; Hi-Ace van valued at P70,000; and a Jeep valued at
P60,000. Which of the following is correct?

The parties can ask for annulment of the contract

The contract shall be reformed because there was mistake

The parties can ask for interpretation because the word motor vehicle is ambiguous

There is no contract, because the object is not certain

0 / 1 pts
Ownership of incorporeal property is transferred to the buyer

Execution of the sale in a public instrument

Placing the title of ownership in the possession of the buyer

All choices

Use of the buyer of his right, with the seller’s consent

Question 100
1 / 1 pts
Ownership of the thing sold

Is acquired by the buyer upon the perfection of the contract

Is transferred to the buyer upon constructive delivery or actual delivery of the thing

Is transferred to the buyer upon actual delivery

Is retained by the seller in “sale or return”

No answer

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1. Treat it as a present breach of contract and cancel the contract

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