LAW 311 MIDTERM ACTIVITY 3

1. The prescriptive period for instituting actions based on a breach of express warranty is that specified
in the contract, and in the absence of such period, the general rule on rescission of contract, which is:

A. 4 years

B. 5 years

C. 6 years

D. 10 years

2. As for actions based on breach of implied warranty, the prescriptive period is, warranty against
hidden defects and warranty against eviction:

A. 4 months from the date of perfection

B. 4 months from the date of delivery

C.6 months from the date of perfection

D. 6 months from the date of delivery

3. It shall take place whenever by a final judgement based on a right prior to the sale or an act imputable
to the vendor, the vendee is deprived of the whole or of a part of the thing purchased?

A. Eviction

B. Hidden defect

C. Redhibitory defect

D. All of the above

4. It is any aftimation of fact or any promise by the seller relating to the thing if the natural tendency of
such affirmation or promise is to induce the buyer to purchase the same, and if the buyer purchases the
thing relying thereon?

A. Express warranty

B. Implied warranty

C. Condition

D. None of the above

5. Is a statement or representation made by the seller of goods, contemporaneously and as part of the
contract of sale, having reference to the character, quality or title of the goods, and by which he
promises or undertakes to insure that certain facts are or shall be as he then represents them?

A. Condition

B. Warranty

C. Exaggerations in trade

D. Expression of opinion

6. Is that which the law derives by application or inference from the nature of the transaction or the
relative situation or cirumstances of the parties, irrespective of any intention of the seller to create it?

A. Express warranty

B. Implied warranty

C. Condition

D. None of the above

7. Which of the following is an impled warranty in a contract of sale?

A. Right to sell the thing at the time the contract is perfeted

B. The thing exists at the time of sale

C. Free from charges and encumbrances not made known to the buyer

D. The seller is of legal age

8. The following are consdered natural danents or impliod warantics in a contractof sale, except

A. Warranty against eviction

B. Warranty against hidden defects

C. Warranty against undeclarod and non-apparcnt charge or cncumbrance or servitude

D. Warranty for merchantability

E. Warranty for sale's talk or usual exaggeration in trade

9. The following are the natural elements of the contract of sale, except
A. Warranty against eviction

B. Warranty against hidden defects

C. Warranty against non-apparent and unregistered servitude or encumbrance

D. Warranty for merchantability

E. Warranty against sale's talk

10. The following are considered natural demenis or implied warranties in a contract of sale, except

A. Warranty against eviction

B. Warranty against hidden defects

C. Warranty against undedared and non-apprent charge or encumbrance or servitude

D. Warranty for merchantabiliy

E. Warranty for sale's talk or usual exaggeration in trade

10. The following are the effects if the suspensive condition in a contract of sale subject to a suspensive
condition is not fulfilled except

A. The other party may refuse to proceed with the contract of sale.

B. The non-perfomance of suspensive condition may be trmted as a breach of warranty.

C. The other party may waive the perkormance ot the suspensne condtion.

D. The contract of sale is perfected if the condition which is not fulfilled s suspensive.

11. The following persons shall not be liable for breach of warranty in a contract of sale, except

A. Sheriff

B. Auctioneer

C. Mortgagee

D. Pledgee

E. Seller

F. Other persons professing to sell by virtue of authority in fact or law.

12. It refers to the deprivation of the vendee of the whole or a part of the thing sold by virtue of a final
judgment based on a right prior to the sale or an act imputable to the vendor.

A. Breach of contract

B. Evasion of sentence

C. Eviction

D. Damages

13. The following are the requisites in order that the seller's waanty against eviction may be enforoced,
except

a. There must be a final judgment depriving the vendee of the whole or part of the thing sold.

b. The vendee must not appeal from the decision or judgment depriving him of the thing sold

C. The deprivation is based on a right prior to the sale or an act imputable to the vendor

d. The vendor must have been notified of the suit for eviction at the instance of the vendee.

e. The vendor must have acted in bad faith only.

14. When adverse posession of the thing subject of the contract of sale had been commenced before
the sale but the acquisitive prescriptive period is completed after the transfer to the buyer, is the vendor
still liable to the buyer in case the buyer is evicted from the property sold by virtue of acquisitive
prescription?

a The vendor is not liable for eviction

b. The vendor shall aways be liable for eviction.

C.The vendor is liable for eviction only if there is expressed warranty for eviction.

d. The vendor is liable for eviction even if there is no expressed warranty for eviction.