1. The essence of a contract of sale is a. ownership b. possession c. warranty d.
delivery of object
2. If there is a meeting of the minds, there is a perfected contract of sale. a. Yes, because all consensual contracts are perfected by mere consent b. No, because delivery of the thing is essential for the perfection of the contract of sale c. Yes, because the obligation of the seller to sell and buyer to buy arise as soon as there is meeting of the minds. d. No, because meeting of the minds is not the only requisite of the perfection of a contract of sale 3. a buyer may compel the seller to make the delivery if a. when what is to be delivered is an indeterminate thing b. when what is to be delivered is a generic thing c. when what is to be delivered is a determinate thing d. when what is to be delivered is a specific thing 4. in a contract of sale of personal property, if the price is payable in installments, the vendor may exercise the following remedies a. if the vendee fails to pay the full amount, vendor can demand exact fulfillment of the obligation b. if the vendee fails to pay an installment, vendor can cancel the sale c. if the vendee fails to pay 2 or more installments, he may demand rescission and keep amounts paid so far d. both a and b 5. Can a person without capacity to act can enter into a contract of sale? a. No, because for a contract of sale to be valid, both parties should have the capacity to act. b. Yes, because anyone is free to buy anything especially in department stores c. No, because it would constitute lack of consent making the contract voidable d.Yes, because there are some things that are indispensable for the buyer's clothing or dwelling 6. in a contract of sale between husband and wife, who can contest its validity? a. either the husband or the wife b. persons claiming to be illegitimate children of either the husband or wife c. the siblings of either husband or wife (reason: HEIRS of husband/wife) d. the state when there are creditors of either husband or wife 7. the following persons cannot acquire by purchase, even at a public or judicial
the lawyer in connection with the property of his client not in litigation c. Can a person who is not an owner of a thing alienate and deliver it? a. c. A because title never passed to B thus C also didn't acquire the title b.)
. either in person or through the mediation of another except a. the contract of sale is perfected already 10. Yes. C because possession was with him already. when the thing is acquired in bad faith by the vendor d. the contract of sale is consummated already b. After the registration and the deed of sale were delivered to B. There was no transfer of ownership as A was dispossessed of the car without his consent. A because the title never passed to B C also didn't acquire the title. B disappeared with the car which was used by A to deliver the documents. when he doesn't have the authority to do so. C because title already passed to him by operation of law. 12. rights which are not intransmissible d. title passes over to the vendor c. No. future inheritance c. actual delivery to impostor because there was no unlawful deprivation. an undivided interest 9. the guardian in connection with the property of the person under their guardianship. (Aznar v. future things b. Yes. EDCA publishing v. A sold B a car with the understanding that B would pay after the car is registered in his name. when he eventually acquires title of the thing c. when payment is made in a contract of sale a. b. No. the books were disposed of with the owner's consent even though there was fraud) d. possession (either actual or constructive) is deemed of the vendee's d. B turned out to be an impostor and never paid A. all things which are not outside the commerce of men may be the object of a contract of sale except for a. Who had better right of the car? a. However. a public officer in connection with the property of the state under his administration d. b. B in turn sold the car to C who bought it in good faith. there was no delivery of car thus title is non-existing thus void. A sold books to B as evidenced by invoice receipts who in turn sold the books to C. B because title already passed to him which he couldn't pass to C for B's nonpayment to A. Yapdiangco: B had no title of car. Who is the rightful owner of the books? a. Santos (B had a voidable title. agents in connection with the property interested to him for sale 8. when he is eventually in possession of the thing 11.auction.
d. When B demanded the delivery of the van. because there is no real price and no valid consideration. No. c. because there was a downpayment made already thus the obligation to consummate the contract arose already. d. B made a downpayment nevertheless which A accepted. When one of the parties acted in bad faith or by mistake. When parties are both unable or unwilling to fix the price b. 1 peso here is a notoriously low indicator of actual value) c. b. 17. No.) c. B because title already passed to him which he couldn't pass to C for B's nonpayment to A. The fixing of the price can be left to the discretion of one of the contracting parties if a. it's the buyer who fixed the price but the seller later consented to the price. When third persons acted in bad faith or by mistake. C because title already passed to him by operation of law. A sold B his van. 13. because aside from the one-peso consideration. there were other services to be rendered. because there was false consideration. A sold his land originally valued at P10. because the downpayment was accepted by A already. d. But. (1469) c. (Bagnas v CA. both A and B failed to agree on how the payment should be made. because there was no perfected contract of sale as there was no consent by A. because there was no perfected contract of sale as both parties failed to agree on how the payment should be made.000 to B for P1 and some unspecified services stated in the contract as consideration. No. (Velasco v CA. 15. Yes.b. Yes. it's the seller who fixed the price because he's the owner after all b. because the price is real and agreed upon by both parties thus there was no fraud involved. Yes. When third persons are prevented from fixing the price by fault of the seller or the buyer. When can the courts fix the price in a contract of sale? a. A told B he wanted to buy his land thus A paid a reservation money which B
. 14. it's the either the seller or buyer who fixed the price and the other consented to it. Manner of payment must be agreed upon. C because possession was with him already. d. Was there a perfected contract of sale? a. c. Yes. Is the sale valid? a. After agreeing on the price. (1473) 16. no specified services. b. No. d. A refused claiming that there was no perfected contract of sale . it's the seller who fixed the price but the buyer later consented to the price. B insisted that he made a downpayment already.
accepted evidenced by the receipt with the indication that A would buy it within the year. because it was only an option to buy with a condition. d. B refused to buy the land already. File a suit for specific performance because there was an existing agreement of right of first refusal. (De la Cavada v Diaz: promise was accepted right away and the promise was mutual. A told B he wanted to sell his land to him. Was there a perfected contract of sale? a. No. when the seller isn't the owner of the property b. Yes. No. because there was money paid already which was accept by B and there was the eventual payment of the full price which B refused. However. 20. (Limson v. 19. he fails to give the goods back upon expiration of period
. Was B obligated to sell the land to A after the expiration of the period? a. c. when on a sale on trial. c. What is A's remedy? a. because there was no meeting of the minds as to the sale of the land but only to the condition of the eventual sale of the land. this is only an option money and not an earnest money. File an action for recovery of damages against B for violation of the right of first refusal (Ang Yu v CA . No. b. CA. Delivery transfer title of the property in the following cases except: a. d. Yes.) d. because A as the owner had the right to sell the property before the payment of the land. a promise made by one party. there was nothing in the receipt that would indicate that the amount was part of purchase price. Yes. if in accordance with the form required by the law may be a good consideration for a promise made by another) b. After registration. File an action for recognition of the right of first refusal and ask the court for rescind the contract of B and C. because money had already been paid which was accepted by B even though the period to buy it expired already b.can't file for SP. B sold the building to C. because the condition was fulfilled already thus A can demand for specific performance. because there was an offer which was accepted by B already thus A can demand for specific performance. File an action for rescission of the contract of B and C on ground of fraud and his right of first refusal c. when there's no full payment of price yet d. It's only a right. because what A had was only a privilege to buy which period already expired. when payment is made in installments. 18. A was a lessee of B's building with an agreement of right of first refusal should the building be sold. Yes. No. A demanded that B should deliver the land to him already and tried paying the amount which B refused. B said he would buy the land as soon as it can be registered. period expired already) c. When the period expired B sold the land to C.
No. right to rescission of the contract of sale 24. that the property sold is not fake nor an imitation 23. A made demands. The following are warranties of the seller of the document of title except: a. when it still didn't arrive on the first week of November. the vessel sank thus A sued B for recovery of payment made for the logs. there was still no delivery (soler v cheeky: time is of the essence here (machines in time for Christmas season. when he becomes insolvent
. (Bean v Cadwaller) 22. 25. possessory lien where the seller reserves his right to possession or ownership of property regardless of delivery b. action for rescission of the contract because despite demands. b. that he as knowledge of no fact which would impair the validity or worth of the document c. b. that he has a right to transfer the title to the goods d. However. The vendee loses his right to make use of a term in the following except: a. action for recovery of damages because the right of A vested by B to have it on time (for the Christmas season) was violated by B. because there was no negligence on the part of A.21. (---although this could also be an answer------) c. Yes. d. because B had the responsibility of keeping the logs in good condition until it was delivered to A. right of resale where goods are perishable in nature or where seller expressly reserves that right d. to have the goods redelivered to him (1532 par. he signed the contract believing that the machines were on their way) c. The following are remedies of an unpaid seller except: a. that the document is genuine b. 2) c. What remedy could A have against B? a. by delivery the logs in good condition alongside the vessel. A bought machines for production of Christmas decorations from B which he promised to deliver by October. because there was no delivery yet to A. action for specific performance and damages because there was delay and the right to have it on time was violated. But B will have an action for recovery against the vessel owner. when goods are in transit and the negotiable instrument has been issued. The machines never arrived that year. A bought logs from B with the agreement that B would deliver the logs alongside the vessel. On the first week of October. because B complied with his responsibility already. Yes. d. Will the suit prosper? a. an action for specific performance as there was delay already and B didn't comply with it yet. No. A signed the contract of sale and believed the promises of B that the machines were on their way already. While in transit.
a one month grace period can be given for every year paid. Although he still continued to occupy the property. No. A bought a condominium unit from B worth 10. (1340. However. because clearly there was fraud.b. A again failed to pay. However. Yes. He should have inspected and surveyed the property even before full payment c. because there was no fraud to begin with as B agreed to purchase it relying solely on A who wasn't an antique dealer. A filed an action for recovery of payment on ground of fraud of the contract. B bought it. because B relied on A's explanation which came from C. Yes. No. he found out that the unit was only 75 square meters big. Will the suit prosper? a.500. because he failed to pay the 2nd installment despite repeated demands but he is entitled for a refund for the payments made.500. clearly. A bought a residential house from B for 50 million pesos payable in 10 years at at a bi-annual installment payment scheme. because there was negligence on the part of A. The contract explicitly stated 90 square meters b. an expert on antique jars c. because according to the Maceda Law. the jar turned out to be fake. No. 1341 .B wasn't the antique dealer but C. A failed to pay. A relied only on B. On the sixth year. (Maceda law.000). when he violates his undertaking in consideration of period 26. d. when he fails to pay two or more installments c. possession and ownership was turned over to A. B filed an action for rescission of contract. A failed to pay an installment but was only able to pay it the following year. when B had it inspected by an antique dealer. because B should have it checked before buying it
. after repeated demands from B.000 measuring 90 square meters in area. No.750. Yes. He had paid more than half already. Is B obligated to give the excess? a. Will the suit prosper? a. A sold an antique jar to B explaining to him that acquired it from C. Relying on A's explanations. No. because he has already been in delay twice in five years. because there was an error or mistake in fact as to the measurement. not C) b. because he had already paid for more than 7 years. the condo unit was purchased for a lump sum and not for a piece rate as stated in the contract that the condo unit was for 10. b. A demanded refund from B for the difference of 15 square meters (1. on the eigth year. when there are no guaranties d. grace period can only be used once in every five years) 28. (1542 and 1539) 27. a certified expert antique dealer and relaying to him what C said that it was already 200 years old and made from real jade. After payment had been made. This time. Yes. d. When A transferred. although he is entitled to a refund. c.000. Yes. No.
c. because B having foreclosed on the first mortgage. A said he couldn't foreclose on the 2nd mortgage anymore. Who is correct? a. the income or fruits if has been ordered to deliver them to the party who won the suit against him. the return of the value which the thing sold had at the time of the eviction be it greater or less than the price of the sale b. he can't avail of the other remedies anymore. the vendee shall have the right to demand of the vendor the ff. in case eviction occurs. A failed to pay 3 installments already thus B chose to foreclose on the machine. B wanted to foreclose on the 2nd mortgage which was made after the 1st default on the installment. (Cruz v Filipinas.
. because he can exhaust all the remedies until full payment of price can be acquired. Yes. However. 30. and ornamental expenses if the sale was made in bad faith c. 29. When the machine still didn't satisfy the entire payment of the motorcycle. because B having foreclosed on the first mortgage. B. because he had the right to foreclose on both mortgages since they were purposely made in connection of the sale.d. the damages and interests. the costs of from breach of contract of sale (1551: correct one is the cost of suit which caused the eviction) d. A bought a motorcycle from B with a factory machine as the mortgage. Payment was to be made in installments. he already bound himself to that action. no further action is allowed including the foreclosure of the 2nd mortgage. Recto Law) b. B. A. except: a. d. A. However. because an expression of opinion doesn't signify fraud unless made by an expert an C clearly was an expert in antique jars. when the warranty against eviction has been agreed upon or nothing has been stipulated on this point.