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TRUE OR FALSE.

Write the word TRUE if the statement is true and the word
FALSE if the statement is false coupled by an explanation why the same is
false.
1. Warranty against eviction is inherent in a contract of sale; hence, it is
an essential element thereof.
2. Dacion en pago partakes of the nature of sale; hence, there is more
freedom in fixing the price of the thing conveyed.
3. A contract for a piece of work must comply with the Statute of frauds.
Accordingly, it must be in writing to be enforceable if the price is
PhP500 or more.
4. A sales contract requires the delivery of the thing sold for its
perfection.
5. As a rule, if the consideration received for the thing is another thing
and a monetary consideration and the intention of the parties does
not clearly appear, the contract will be considered a contract of barter
if the value of the property consideration is greater than the monetary
consideration.
6. In a contract to sell, the full payment of the price is a suspensive
condition which upon fulfilment will require the execution of a contract
of sale.
7. It is not necessary that the vendor of a thing must be the owner
thereof at the time of sale as long as he can transfer its ownership to
the buyer upon delivery.
8. The sale of hope or expectancy does not come into existence.
9. In a sale of a piece of land is made through an agent, the authority of
the agent must be in writing for the sale to be valid.
10.
In sale by auction, any bidder may retract his bid before the sale
is perfected.
11.
If a by-bidder or puffer is employed by a seller without notice in
sale by auction, the sale may be treated as fraudulent by the buyer.
12.
The ownership of the thing sold is transferred upon the
perfection of the contract of sale.
13.
A unilateral promise to buy or sell a determinate thing at a
certain price is binding upon the promissor if the promise is supported
by a consideration distinct from the price.
14.
Earnest money is part of the purchase price of a thing, hence,
deductible from the total selling price.
15.
In sale of personal property payable by instalments, the seller
may exact fulfilment of the buyers obligation when the buyer defaults
in the payment of one or more instalments.
16.
In sale of real property where the buyer has defaulted after
paying at least 2 years instalments, he shall be entitled to pay without
additional interest the unpaid instalments due within the grace period
earned by him.
17.
A guardian may validly acquire by purchase the property of the
person under his guardianship.
18.
The buyer shall be entitled to the fruits of the thing sold from the
time of the perfection of the contract.
19.
The delivery of incorporeal property may be made through the
exercise by the vendee of his rights with the consent of the vendor.
20.
If goods are sold on sale or return the risk of loss of the thing
sold remains with the seller after its delivery to the buyer

21.
In sale by approval the buyer becomes the owner of the thin
upon delivery but ay revert such ownership to the seller by returning it.
22.
The delivery of specific goods to a carrier or other bailee for the
purpose of transmission to the buyer generally transfers ownership of
the goods to the buyer.
23.
When a thing is purchased from a merchants store, fair or
market, the buyer acquires title to the thing although the seller may
have stolen it or acquired it from a thief.
24.
A warehouse receipt is also a contract between the
warehouseman and the depositor of the goods.
25.
A bearer document of title becomes an order document of title if
it is specifically endorsed.
26.
The delivery of an order document of title without any
endorsement does not constitute as negotiation.
27.
A negotiable document of title becomes negotiable if it stamped
with the mark non-negotiable
28.
If the goods sold are in the possession of a third person, the
seller is deemed to have delivered the goods to the buyer if the third
person acknowledges to the buyer that he holds the goods in the
buyers behalf.
29.
If a period has been fixed for the payment of the price which has
not yet arrived, the seller in the meantime is bound to deliver the thing
sold.
30.
An unpaid seller exercising his right to resell the goods may buy
the goods either directly or indirectly.
31.
When an unpaid seller exercises his right of stoppage in transit,
the contract of carriage ceases, the carrier becomes liable is a
depositary.
32.
If real estate is sold for a lump sum, the vendor is bound to
deliver all that is included within the boundaries stated in the contract.
33.
If the same immovable is sold to two or more persons who are all
in good faith, ownership shall belong to the buyer who first paid its
price.
34.
In order that the buyer may enforce the sellers liability for
breach of warranty against eviction, the judgment depriving the buyer
of the thing must first be appealed by the buyer.
35.
The vendors 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 risk of
eviction.
36.
As a rule, the vendor shall not be liable for a non-apparent
easement that is recorded in the registry of property.
37.
The vendor shall be liable generally for any defect on the thing
sold even if he was not aware thereof.
38.
When animals are sold as a pair, the vendee may ask for the
rescission of the sale of both animals although only one of them suffers
from redhibitory defect.
39.
The sale of animals suffering from contagious diseases is
voidable.
40.
There is no warrant against hidden defects of animals sold at
fairs or at public auctions, or of animals sold as condemned.

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