Beruflich Dokumente
Kultur Dokumente
1.)
I.
II.
The contract of sale is commutative because the thing sold is considered the equivalent of the price paid
and vice versa. However, contract may be aleatory as in the case of the sale of a hope.
By an aleatory contract, one of the parties or both reciprocally bind themselves to give or to do something
in consideration of what the other shall give or do upon the happening of an event which is uncertain, or
which is to occur at an indeterminate time.
a.
b.
c.
d.
2.)
The contract of sale is _____________, because the thing sold is conveyed in consideration of the price and
vice versa.
a.
b.
c.
d.
Onerous
Bilateral
Commutative
Consensual
II.
In sales with assumption of mortgage, the assumption of mortgage is a condition to the sellermortgagors consent to the sale so that without approval by the mortgagee no sale is perfected and the
seller remains the owner and mortgagor of the subject property with the right to redeem in the case of
foreclosure.
A deed of sale is absolute in nature although denominated as a Deed of Conditional Sale in the
absence of any stipulation that the title to the property sold is reserved in the vendee until full payment of
the purchase price nor a stipulation giving the vendee the right to unilaterally rescind the contract the
moment the vendee fails to pay within a fixed period.
a.Only statement I is true.
b.Only statement II is true.
c. Both statements are true.
d.Neither statements are true.
4.)
It is where the sale is not subject to any condition whatsoever and where title passes to the buyer
upon delivery of the thing sold.
a.
b.
c.
d.
Aleatory
Absolute
Conditional
None of the above
6.)
It is the sale of a thing not yet in existence subject to the condition that the thing will exist and on failure of
the condition, the contract becomes ineffective and hence, the buyer has no obligation to pay the price.
a.
b.
c.
d.
Consent (1)
8.)
Gellie executed two documents: in the first, Gellie agreed to sell and Kenneith agreed to buy, for
P2,500,000.00, 5 hectares of land, which is part and parcel of a bigger lot owned in common by Gellie and her
sister although the boundaries of the 5 hectares would be delineated at a later date and in the second, Gellie
acknowledged receipt as initial payment of P500,000.00. Additional payments of P200,000.00 were made.
Kenneith filed a complaint for specific performance after Gellie returned the amounts paid. Was there perfected
contract of sale between the parties?
I.
II.
III.
IV.
Yes, the initial payment of P500,000.00 clearly showed her consent to the contract.
Yes, the two documents are in themselves considered contracts of sale.
Yes, Gellie is already precluded from rejecting its binding effect.
Yes, with the contract being partially executed, the same is no longer covered by the
requirements of the Statute of Frauds in order to be enforceable
a.
b.
c.
d.
Object (1)
9.)
Gellie embarked upon the exploration and development of mining claims belonging to Kenneith. Later,
they executed a document wherein Gellie transferred to Kenneith all of Gellies rights and interest over the 5,000
tons of iron ore, more or less that Gellie had already extracted from the mineral claims in consideration of a
down payment of P100,000.00, and the balance of P400,000.00 which will be paid out of the first shipment of iron
ore and of the first amount derived from the local sale of iron ore made from said claims, which amount was
secured by a surety bond executed by Kenneith in favor of Gellie. No sale of the approximately 5,000 tons of iron
ore had been made nor had the P100,000.00 been paid. Is the obligation of Kenneith to pay the remaining
P400,000.00 subordinated to the sale or shipment of the ore as a condition precedent?
a. Yes. It is a condition precedent.
b. No. A contract of sale is normally commutative and onerous: not only does each one of the parties
assume a correlative obligation, but such party anticipates performance by the other from the
very start.
c. Both A and B.
d. None of the above.
Consideration (1)
10.)
Kenneith bought on a partial payment of P50,000.00, evidenced by a receipt, a portion of a subdivision from
Gellie, administrator of the testate estate of her deceased husband. Subsequently, Gellie was authorized by the
court to sell the subdivision. In the meantime, GK, Co. became the new administrator. It sold the lot to another
which sale was judicially approved. Kenneith files a complaint which seeks, among other things, for the quieting of
title over the lot in question. Which of the following statements is incorrect?
a. The requisites for a valid contract of sale are all present, however there was no agreement among
parties.
b. An examination of the receipt reveals that there was a promise to sell.
12.)
It does not give rise to the application of the doctrine of eviction. In this case, the vendee has a direct
action against the intruder in the same way as the lessee has such right.
a.
b.
c.
d.
Disturbance in law
Trespass in fact
Prescription
None of the above
Gellie did not violate her warranty to GK, Inc. The term hidden faults or defects in Art. 1547
pertains only to those that make the object of the sale unfit for the use for which it was intended at
the time of the sale.
Gellie did violate her warranty to GK, Inc. Since the object of the sale by Gellie to GK, Inc. is an
agricultural land, the existing tenancy relationship with respect to the land can be a hidden fault
or defect.
Gellie did not violate since it is not a lien or encumbrance that the vendor warranted did not exist
at the time of the sale.
Gellie did violate the warrant because it is not a relationship which any buyer of agricultural land
should reasonably expect to be present.
II.
III.
IV.
a.
b.
c.
d.
Kenneiths action in refusing to pay such balance is justifiable considering that he could not use the
machine satisfactorily in his establishment.
Keneniths action is not justifiable given that the inability of Kenneith to use the machine satisfactorily
cannot be attributed to any defect in the machine.
It is not Gellies fault since the machine was strictly in accordance with the specifications.
It is Gellies fault since she did not able to provide service in accordance with the expectation of
Kenneith.
a.
b.
c.
d.
15.)
_________ is a warranty that goods are reasonably fit for the general purpose for which they are sold.
a.
b.
c.
d.
Gellie is still the owner of the sugar as to entitle her to recovery of its possession.
Gellie is not anymore entitled to the recovery of its possession when she delivered the sugar to
Kenneiths warehouse.
Kenneiths failure to pay after completion of delivery as per agreement is the reason why he does not
acquire better right over Gellie.
Gellie doesnt retain ownership because it is difficult to see how she could have divested herself more
completely under the control of the buyer.
a.True, False, True, False
b.False, False, False, True
c. True, False, False, False
d.False, True, False, False
17.)
It is a docrine where the vendor is liable to the vendee for any hidden faults or defects in the thing sold.
a. Caveat emptor
b. Caveat emptour
c. Caveat venditour
d. Caveat venditor
d. No, Kenneith must first get the approval from the administration of Gellies estate.
The first buyer has the better right since his sale was first to be registered, even though
the first buyer knew of the second sale.
The second buyer is to be preferred for the fact that the first buyer knew of the second
sale at the time of his registration.
The first buyer has the better right since his knowledge of the second sale does not
make him as acting in bad faith for the sale to him was ahead of time.
The second buyer is to be preferred because sale to relatives acquires better right..
a.
b.
c.
d.
A lien on the goods or right to retain them for the price while in his possession.
A right of stopping the goods in transitu in case of insolvency of the buyer
A right to reinstate the contract.
A right to rescind the sale.
One who purchases, therefore, a negotiable document of title issued to a thief acquires no right over the
goods as the thief has no right to transfer, notwithstanding that such purchaser is innocent.
In connection to the statement above, the purchaser cannot acquire a good title where the owner, by his
conduct, is estopped from asserting his title
a.True, True
b.False, False,
c.True, False
d.False True
24.)
It is a contract and a receipt for the transport of goods and their delivery to the person named therein, to
order, or to bearer.
a.
b.
c.
d.
Warehouse Receipt
Quedan
Dock Warrant
Bill of lading
The prohibition applies to Kenneith, an alien who acquired the land by sale with pacto de retro
It is not applicable because the nature of a sale with right of repurchase is such that the
ownership over the thing sold is transferred to the vendee upon the execution of the contract
assuming the requirements as to delivery to be present, subject only to resolutory condition that
the vendor exercises his right of repurchase within the period agreed upon by the parties or
prescribed by law.
a.
b.
c.
d.
True, True
False, False
True, False
False, True
A seller of goods on installments does not have any right of action against a third party who, in addition to
the buyers mortgage of the goods sold, furnishes additional security for the payment of said installment
or the purchase price of said goods.
The vendor who has chosen to exact the fulfillment of the obligation in an unpaid balance of an
installment sale is not limited to the proceeds of the sale of the mortgaged goods.
II.
a.
b.
c.
d.
True, True
False, False
True, False
False, True
Recto Law
Maceda Law
Subdivision and Condominium Buyers Protective Decree
Installment Sales Law
30.)
Which of the following is not an exception to the transactions or sale covered by the Maceda Law?
a. Residential Real Estate
b. Industrial lots
c.