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SALES

Your answer should demonstrate your ability to analyze the facts, apply the
pertinent laws and jurisprudence, and arrive at a sound or logical conclusion.
Always support your answer with the pertinent laws, rules, jurisprudence, and the
facts.

A mere “Yes” or “No” answer without any corresponding explanation or


discussion will not be given full credit. Thus, always briefly but fully explain your
answers although the question does not expressly ask for an explanation.

1. S agreed to sell B his dog. Before the actual sale takes place, the dog dies
thru no fault of S. Is B liable to S for the price?

2. A. What are the rules regarding ownership in transactions “on sale or


return” and in transactions “on approval or on trial or satisfaction”?

B. What is a Negotiable Document of Title?

C. A negotiable document of title was marked “non-negotiable” by the


warehouseman (or carrier or depositary). Is it still negotiable?

3. S, owner of a parcel of land sold it to B but the Deed of Sale was not
registered. One year later, S sold the parcel again to BB who succeeded to
register the deed and to obtain a transfer certificate of title over the property
in his own name.

Who has a better right over the parcel of land B or BB? Why? Explain the
legal basis for your answer.

4. A bought a pair of shoes from a shoe store and repair shop. It was later
discovered, however, that the shoes did not belong to the store but to a
customer who had left it there for repair. Did A acquire good title to the
shoes? Reason.

5. A. When is a seller of goods deemed to be an unpaid seller?


B. What are the rights of an unpaid seller?
C. S sold a specific diamond ring to be paid 6 months later. By mutual
agreement, B is made already the owner, but S will act as a depositary
of the ring in the meantime. If the term expres, and B has not yet paid,
may S still continue possessing the ring even if he is no longer the
owner?

CHEATING IS EASY, TRY SOMETHING MORE CHALLENGING LIKE


BEING HONEST”

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