In a contract to sell, the full payment of the price is a- suspensive condition which

upon fulfillment will require the execution of a contract of sale.

1/1
katotohanan
 
kasinungalingan

 
One of the following is a natural element of a contract of sale.
1/1
The stipulation to pay interest on the purchase price of the goods.
The price of the goods.
The seller's warranty against hidden defects.
 
The goods sold.

 
One of the following is not a requisite of the object of a contract of sale. Which is it?
1/1
It must be within the commerce of men.
Vendor must have the right to transfer the ownership of the thing at -the time of sale.
 
It must be determinate or determinable.
It must be licit.

 
A sum of money paid, or a thing delivered upon the making of a contrast for the sale of
goods, to bind the bargain, the delivery and acceptance of which makes the final
assent of both parties to the contract.
1/1
Down payment
Option money
Reservation money
Earnest money
 
 
The sum stipulated as the equivalent of the thing sold.
2/2

PRICE
 
 
A contract whereby one of the parties obligates himself to transfer the ownership of
and to deliver a determinate thing and the other to pay therefor a price certain in
money or its equivalent is a contract of;
1/1
Mortgage
Dacion en pago
Barter
Sale
 
 
For a bonus of 5 points to be added sa total scores niyo (45 total points)... Sinong
twice member to?
5/5

Nayeon
Momo
Chaeyoung
Tzuyu
 
Jihyo
Sana
Mina
Dahyun
Jeongyeon

 
This refers to the right of a n adjoining owner of an urban land to be given preference
to the purchase of a small piece of urban land which is held for speculation before it
offered for sale to others.
0/1
Right of pre-emption.
Right of repurchase.
 
Right of redemption.
Right of subrogation.

Correct answer
Right of pre-emption.
 
The following are characteristics of a contract of sale except for one which refers to
payment by cession. Which characteristic refers to payment by cession?
1/1
The cause or consideration is the price.
There is more freedom in fixing the price.
Assignee of the property acquires the right to sell the thing but not the ownership thereof.
 
There is no pre-existing credit.

 
They refer to interchangeable goods such as grain, oil, etc., that allow one to be
replaced by another without loss of value.
0/2

GENERIC GOODS
 
Correct answer

FUNGIBLE GOODS

 
On May 1 , 2010, S sold to B through a private instrument 20 sacks of corn stored in
the only warehouse of S. On May 10, 2010, S delivered the keys to the warehouse to
B. The delivery made by S to B is known as:
1/1
constructive delivery by legal formalities.
symbolic delivery by tradition clavium.
 
Tradition brevi mane,
traditio Tonga mane.

 
The ownership of the thing sold is transferred upon the perfection of the contract of
sale.
1/1
katotohanan
kasinungalingan
 
 
The consideration paid for the purpose of holding one to his promise to buy or sell a
determinate thing for a certain period of time, which consideration is separate and
distinct from the purchase price.
2/2

OPTION MONEY
 
 
A contract for the delivery at a certain price of an article to be manufactured specially
for the customer and upon his special order, and not for the general market.
2/2

CONTRACT OF PIECE OF WORK

 
Correct answer

PIECE OF WORK

 
Dacion en pago partakes of the nature of a sale; hence, there is more freedom in
fixing the price of the thing conveyed.
0/1
kasinungalingan
katotohanan
 
Correct answer
kasinungalingan

 
The price in a contract of sale is certain, except:
1/1
when the parties have fixed or agreed upon a, definite amount.
if the price is certain with 'reference to another thing certain.
if the price fixed is that which the thing sold would have on a definite day or in a particular
exchange or market.
if the fixing of the price is left to the discretion of one of the contracting parties and the price fixed
is not accepted by the other party.
 
 
A contract of sale is not a:
1/1
real contract.
 
nominate contract.
principal. contract.
consensual. contract.

 
The party in a contract of sale who is obligated to transfer the ownership of and to
deliver a determinate thing.
0/2

BAILEE
 
Correct answer

VENDOR

 
On June It 2010, S sold to B 50 units of machines which were scheduled to arrive from
Japan the following day on board the, vessel "MT Nippon Maru". The sale was
evidenced by an invoice identifying each machine by serial number. Each machine
was priced at P10,000.00. Unknown to the parties, 30 units were damaged beyond
repair by seawater on May 31, 2010. Based on the foregoing, which of the following
statements is incorrect?
1/1
B may demand delivery of the remaining 20 units and pay the price therefor.
B may rescind the whole contract.
S may require payment of the whole shipment from B since S was not aware of the damage
caused on the machines at the time of sale.
 
S has no option to rescind the whole contract or require payment of the remaining 20 units.

 
In one of the following cases, delivery of the goods to a carrier for the purpose of
transmission to the buyer transfers ownership to the latter. Which one is it?
0/1
When by the terms of the bill of lading, the goods are to be delivered to the order of the buyer or
his agent but the seller retains the bill of lading.
 
When by the terms of the bill of lading, the goods are to be delivered to the seller or his agent.
When the owner does not reserve the right of possession or ownership of the thing sold upon
delivery to the carrier.
When the seller draws a bill of exchange on the buyer for the price of the ' goods and transmits
such bill of exchange and the bill of lading to the buyer to secure acceptance or payment of the
bill of exchange and the buyer dishonors the bill of exchange.

Correct answer
When the owner does not reserve the right of possession or ownership of the thing sold upon
delivery to the carrier.

 
The purchase by a guardian of the property of the person under his guardianship is
valid.
1/1
katotohanan
kasinungalingan
 
 
It is a contract by virtue of the terms of which the parties thereto promise and obligate
themselves to enter into another contract at a future time, upon the happening of
certain events, or the fulfillment of certain conditions.
0/1
Contract of sale
Contract of adhesion
 
Contract of option
Auto-contract

Correct answer
Contract of option

 
When is the vendor bound to deliver the thing sold?
0/1
If no period for the payment of the price has been fixed in the contract.
 
If the vendee has not paid him the price.
If the buyer has been given the benefit of the period.
None of the foregoing.

Correct answer
If the buyer has been given the benefit of the period.
 
One of the following statements on the transfer of ownership of the thing in "sale on
trial" is incorrect. Which is it?
0/1
Ownership of the thing is transferred to the vendee when he does an act adopting the
transaction.
Ownership of the thing is transferred to the vendee upon delivery.
Ownership of the thing is transferred to the vendee if the time fixed for the return of the thing has
expired and the vendee retains the thing without giving notice of rejection or acceptance to the
vendor.
 
Ownership of the thing is transferred to the vendee when he signifies his approval or acceptance
to the vendor.

Correct answer
Ownership of the thing is transferred to the vendee upon delivery.

 
This refers to the implied warranty on the part of the seller that he has the right to sell
the thing at the time when ownership is to pass, and that the buyer from that time shall
have and enjoy legal and peaceful possession of the thing.
0/1
Warranty against hidden defects.
Warranty against eviction.
Warranty of ownership.
Warranty of possession.
 
Correct answer
Warranty against eviction.

 
A sale between husband and wife is valid in which of the following cases?
1/1
When price of the sale is a moderate amount.
When the spouses are living separately.
When a separation of property has Teen agreed upon in the marriage settlements or when there
has been judicial separation of property.
 
When the object of the sale is a necessary such as food or clothing.

 
A, B, and C, are co-owners of an undivided parcel, of land. On May 1, A sold his share
to X; on June 1, 13 sold his share also to X; and on July 1, C sold his share also to X.
Each sale was with a right to repurchase.
0/1
Each co-owner may exercise his right of redemption only with respect to his share.
X may compel A, B and C to come to an agreement to repurchase the whole land.
Each co-owner may exercise his right of redemption on the whole property including the share of
the other two co-owners.
 
Any two of the three co-owners may redeem the property proportionately.

Correct answer
Each co-owner may exercise his right of redemption only with respect to his share.

 
Include everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation.
2/2

NECESSARIES
 
 
This refers to the warranty of the seller that he has the right to sell the thing at the time
when ownership is to pass, and which can be enforced if the buyer is deprived pf the
property sold by a final judgment in court.
1/1
Warranty of possession.
Warranty against eviction.
 
Warranty of merchantable quality.
Warranty against hidden defects.

 
A sales contract requires the delivery of the thing sold for its perfection.
1/1
katotohanan
kasinungalingan
 
 
Sale of property to the highest bidder.
2/2

SALE BY AUCTION
 
Correct answer

AUCTION

 
The consideration of the contract is another thing.
0/2

CAUSE
 
Correct answer

BARTER

 
One of the following statements pertaining to a sale by auction is incorrect. Which is
it?
1/1
A sale by public auction is perfected when the auctioneer announces its perfection by the fall of
the hammer, or in any other manner.
Before perfection, the auctioneer may withdraw the goods unless the auction was announced to
be without reserve.
The seller may validly participate in the bidding without prior notice to the bidders.
 
Before perfection, any bidder may retract his bid.

 
The deprivation by final judgment of the vendee of the whole or a part of the thing sold
based on a right prior to the sale or an act imputable to the vendor.
0/2

RIGHT OF REDEMPTION
 
Correct answer

EVICTION

 
The following are the characteristics of a contract of sale, except:
1/1
Bilateral, which means that both parties are bound reciprocally to each other.
principal , which means that a contract of safe can stand by itself
Real, which requires the delivery of the object of the contract of sale for its perfection.
 
Onerous, where rights are required in exchange of a valuable consideration.

 
Proof of the perfection of a contract of sale.
0/2

PRICE
 
Correct answer

EARNEST MONEY

S, the owner of a rent-a-car business, leased one of his cars to B for one month. On
the day of the expiration of the lease and while B was still in physical possession of
the car, B offered to buy the car from S for P200,000.00. Believing the price to be a
good one, S readily accepted B's offer and then and there executed a deed of
absolute sale in favor of B who immediately paid the price in cash. Thereafter, B drove
away from place of S.
1/1
There was no delivery because B should have turned over the physical possess on of the car to &
upon the expiration of the lease so that could make the proper delivery to him upon the execution
of the contract of sale.
The delivery of the car by S to B is by constitutum posssessorium.
The delivery of the car by S to B is traditio brevi man
 
This delivery of the car by S to B is by traditio longa manu.

 
1/1

First statement is true, second statement is false.

Both statements are true.
 
First statement is false, second statement is true.
Both statements are false

 
An. unpaid seller may avail himself of the following remedies, except the right to:
0/1
Buy the goods at any public sale if he decides to resell them.
 
Retain the goods while he is in possession of them.
Resume possession of the goods at any time while they are in transit.
Rescind the sale.

Correct answer
Rescind the sale.

 
An encumbrance imposed upon an immovable for the benefit of another immovable
belonging to a different owner.
2/2

EASEMENT
 
 
Negotiated by indorsement.
···/2

NEGOTIABLE DOCUMENT
 
Correct answer

ORDER DOCUMENT OF TITLE

 
There is no warranty against hidden defects of animal sold at fairs or at public
auctions, or of animals sold as condemned.
1/1
POLS
TRU
 
 
The vendor's liability for breach of warranty against eviction, may be validly waived by
the vendee. However, the vendor will still be liable if the waiver was made by the
vendee without knowledge of the risks of eviction.
1/1
POLS
TRU
 
 
In case of eviction, the vendor shall be liable to the vendee only for the value of the
thing sold at the time of eviction in which of the following cases?
1/1
When there is waiver conscience
 
When the vendor was in bad faith and there was stipulation exempting the vendor from liability in
case of eviction.
When the vendor was in bad faith and there was no stipulation exempting the vendor from liability
in case of eviction.
When there is waiver intencionada

 
0/1

Both statements are false.

Only Statement I is true.
Only Statement II is true.
 
Both statements are true.

Correct answer
Both statements are true.

 
A negotiable document of title of title becomes non-negotiable if it is stamped with the
r-nark " non- negotiable.
1/1
TRU
POLS
 
 
Goods are still in transit:
1/1
if the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent.
If the buyer or his agent obtains delivery of the goods before their arrival at the appointed
destination.
if the goods are rejected by the buyer, and the carrier or other bailee continues in possession of
them, even if the seller has refused to received them back.
 
when the carrier acknowledges possession of the goods as bailee for the buyer after the arrival of
the goods at the place of destination.

 
When delivery takes place by the mere consent or agreement of the contracting
parties as when the vendor merely points to the thing sold which shall thereafter be at
the control and disposal of the vended if the thing sold cannot be transferred to the
possession of the vendee at the time of sale, delivery is effected:
1/1
By traditio longa manu
 
By traditio brevoi manu
By tradition symbolica
Answer not given

 
Remedy of buyer to withdraw from the sale and ask for damages.
···/2

WARRANTY AGAINST EVICTION

 
Correct answer

ACCION REDHIBITORIA

 
Buyer's remedy which involves the proportionate reduction in the price of the thing
purchased.
···/2

MINORIS
 
Correct answer

ACCION QUANTI MINORIS

 
Mr. Amado owes the BIR P100,000 in delinquent taxes and penalties. In order to
evade the payment of said liability, he executed a deed of sale of his only parcel of
land valued for P200,000 in favor of his brother Pedro, where P20,000 was stated as
the purchase price but the BIR has evidence that said price had never been paid, the
purpose of the sale being to prevent the BIR to levy upon the land to satisfy the tax
liability of Mr. Amado. In this case:
1/1
Answer not given.
The BIR may not levy upon the land because the sale is void
The BIR should first annul the sale before it may levy upon the land pursuant to the provisions of
the National Internal Revenue Code.
The BIR without annulling the sale may levy upon the land of Amado pursuant to the provisions of
the National Internal Revenue Code
 
 
It is made by the buyer without knowledge of the risk of eviction.
···/2

WAIVER CONSIENCE
 
Correct answer

WAIVER CONSCIENTE

 
The delivery of an order document of title without any indorsement does not constitute
negotiation.
1/1
TRU
 
POLS

 
The buyer is obliged to pay interest on the price of the goods for the period between
the delivery of the goods and the payment of the price if the thing sold produces fruits
or income.
1/1
TRU
 
POLS

 
A document issued by a common carrier acknowledging the receipt of the goods and
agreeing to transport and deliver them to a specified place.
2/2

BILL OF LADING
 
 
T steals the goods of 0 and deposits them in the warehouse of W. W issues to T a
warehouse receipt which by its terms indicates that goods are to be delivered to the
order of T, thereafter. negotiates the receipt to H who purchases me document in
good faith and for value.
0/1
H may obtain delivery of the goods from W because H was an innocent purchaser for value.
 
H can obtain delivery of the goods from W because the issuance of the ware house receipt to T
conferred a valid to him over the goods.
H can obtain delivery of the goods from IV because the acquisition b y H of the warehouse receipt
in good faith; cured the defect in T's title.
H cannot obtain delivery of the goods because he acquired whatever title T had over such goods,
which is the title of a thief.

Correct answer
H cannot obtain delivery of the goods because he acquired whatever title T had over such goods,
which is the title of a thief.

 
In three of the following cases, the buyer is not entitled to suspend the payment of the
price. Which one will give him the right to suspend payment?
1/1
The disturbance is a mere act of trespass.
It has been stipulated that the buyer shall pay the price notwithstanding any disturbance.
Disturbance in the possession or ownership of the thing purchased.
 
The seller gives him security for the return of the price.

 
1/1

First statement is false, second statement is true.

Both statements are true.
First statement is true, second statement is false.
Both statements are false
 
 
S sold to B a lot through a deed of absolute sale duly acknowledged before a. notary
public. Three days later, S sold the same lot to X, also through a deed of sale duly
acknowledged before a notary public. X had the sale registered with the Register of
Deeds. Neither B nor X was aware of the sale made by S to the other and neither took
physical possession of the lot. Who is the present owner of the lot?
1/1
Neither B nor X.
B, because he was the first purchaser in good faith.
X, because he registered the sale in good, faith.
 
S, as long as he does not surrender physical possession of the lot.

 
1/1

Both statements are true.

First statement is false, second statement is true.
First statement is true, second statement is false.
Both statements are false
 
 
This refers to the warranty of the seller that he has the right to sell the thing at the time
when ownership is to pass, and which can be enforced if the buyer is deprived pf the
property sold by a final judgment in court.
1/1
Warranty of merchantable quality.
Warranty against eviction.
 
Warranty of possession.
Warranty against hidden defects.

 
The buyer may suspend the payment of the price of the thing purchased by reason of
trespass on the thing.
1/1
POLS
 
TRU

 
Even professional inspection is not sufficient to discover it.
2/2

HIDDEN DEFECTS
 
Correct answer

REDHIBITORY DEFECT

 
if the buyer is justified in refusing to accept the goods, he shall be obliged to hold the
goods as depositary.
1/1
TRU
POLS
 
 
Three of the following are the requisites in order that the vendee may enforce the
vendor's liability in case of eviction. Which one is not?
1/1
The deprivation of the vendee is based on a right prior to the state or an act imputable to the
vendor.
There must be a final judgment depriving the vendee of a part or the whole of the thing sold.
The vendee must have appealed from such judgment rendered against him.
 
The vendor is notified of the suit at the instance of the vendee.

 
A stipulation that the sale of an immovable is automatically rescinded upon the default
of the buyer in the payment of the price is valid.
0/1
POLS
TRU
 
Correct answer
POLS

 
Exercised by the seller by obtaining actual possession of the goods or by giving notice
to the carrier or other bailee having actual possession of the goods.
···/2

BILL OF LADING
 
Correct answer

STOPPAGE IN TRANSITU

 
1/1

First statement is true, second statement is false.

Both statements are true.
First statement is false, second statement is true.
 
Both statement are false.

 
Sale of property to the highest bidder.
···/2

SALE OF AUCTION
 
Correct answer

AUCTION

 
Includes a warehouseman, carrier or other person who receives the possession or
custody of the thing delivered.
2/2

BAILEE
 
 
C, owner of certain goods, deposited the goods with W, a warehouseman, who issued
to D a warehouse receipt which states that The goods are to be delivered to the order
of D. D may negotiate the warehouse receipt by any of the following means; except
by:
0/1
Blank indorsement completed by delivery.
 
Mere delivery.
Indorsement to bearer completed by delivery.
Indorsement completed by delivery.

Correct answer
Indorsement completed by delivery.

 
Sison sold a registered piece 'of land to Bautista on May 1,2010in a public instrument.
On May 3, 2010, Sison sold in a private instrument the same piece of land to Cruz,
who took physical possession of the land. Neither buyer was aware of the sate made
to the other.
1/1
The land belongs to Bautista.
 
The land belongs to Cruz.
The land 'should be divided equally between Bautista and Cruz to give effect to both sales.
The land still belongs to Sison, because both sales are void.
 
A bearer document of title becomes an order document of title if it is specially
indorsed.
1/1
POLS
TRU
 
 
If the object of the contract is specially made or manufactured at the specific order of
another, it is a contract for a piece of work. This is
1/1
Chicago rule
English rule
Massachusetts rule
 
New York rule

 
Which of the following documents of title requires indorsement and delivery for its
negotiation?
1/1
A warehouse receipt which states that the goods are to be delivered to bearer but the bearer
indorsed it to a specified person.
 
A warehouse receipt which states that the goods are to be delivered to bearer.
A bill of lading which states that the goods are to be delivered to a specified person.
A bill of lading which states that the goods are to be delivered to the order of a specified person
but such person indorsed it in blank.

 
An unpaid seller exercising his right to resell the goods may buy the goods either
directly or indirectly.
1/1
TRU
POLS