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MULTIPLE CHOICE QUESTIONS 24.

The following are the alternative remedies, except one, available to the buyer
in breach of warranty by the seller
1. When the goods are delivered to the buyer, the ownership passes to the buyer c. rescind the sale and retain the goods
in: 25. If redemption is made, which of the following will not be paid by the seller to
d. Sale or return i. In a sale or return, the buyer acquires ownership upon delivery the buyer?
of the thing sold and may revest the ownership to the seller within the time fixed in d. interest of the price paid by the buyer
the contract or within a reasonable time. (Art. 1502) 26. M, N and O are co-owners of a parcel of land proindiviso. M sold his 1/3 share
2. It is an affirmation of fact or any promise by the seller relating to the thing which in the land to N in an absolute sale. Which is correct?
has a natural tendency to induce the buyer to purchase the same, relying on such d. O cannot exercise the right of redemption because the sale was made in favor of
promise or affirmation. a coowner.
c. Warranty i. Art. 1546 27. An unpaid seller has the following rights, except:
3. S makes an offer to B on January 1, 1996. B makes known his acceptance in a a. a lien on the goods after he has parted with the possession of them
letter sent on January 2, and received by the secretary of S on January 10. 28. The unpaid seller is not entitled to retain the possession of the goods where:
Meantime, on January 5, S died. a. the goods have been sold without stipulation as to credit
a. There is no contract. b. the goods have been sold on credit, but the term of credit has expired
4. G was appointed guardian of S, the latter being 16 years old, S sold his parcel of c. the buyer is insolvent
land in writing to B valued at P100,000 for P65,000. What is the status of the d. the possession of the seller on the goods is only as agent or bailee for the buyer
contract? e. none of the above
e. Voidable 29. What mode of extinguishing a contract of sale is effected when a person is
5. Which of the following obligations of the vendor cannot be waived? subrogated upon the same terms and conditions stipulated in the contract in the
d. To transfer ownership to the buyer place of one who acquires a thing by onerous title?
6. When delivery takes place by the mere consent of agreement of contracting d. legal redemption
parties as when the vendor merely points to the thing sold which shall thereafter 30. A sold to B a specific car for P 250,000 in 10 equal monthly installments. B
be a the control and disposal of the vendee if the thing sold cannot be transferred failed to pay the 3rd installment. The right of A is:
to the possession of the vendee at the time of the sale, delivery is effected b. demand payment from B
b. By traditio longa manu 31. In a contract of sale, a warranty against eviction is:
7. Lucy is a lessee of a store in a shopping mall. She only sells/assigns her rights to b. a natural element
Salome. She then allows Salome to occupy the stall. The delivery here is called: 32. It is an affirmation of fact or promise by the seller relating to the thing which
Quasi-tradition has a natural tendency to induce the buyer to purchase the same, relying on such
8.Ownership of the thing sold is transferred/acquired/retained: promise or affirmation.
Transferred to the buyer upon constructive or actual delivery of the thing sold c. express warranty
9. Which of the following statements is correct: 33. In a contract of sale of a specific carabao, the seller was obliged to deliver the
c. There may be a transfer of ownership over the thing even if the seller has not animal on December 31, 2003. In November 2003, the carabao had an offspring.
delivered the thing sold to the buyer. The offspring belongs to:
10. Which of the following statements is not correct: b. Seller, because the fruit arose before the obligation to deliver arises.
c. A sale is consummated upon delivery of the thing and the payment of the 34. There is no warrant in:
purchase price. a. “as is, where is sale” a. Sale which means as it is found, where it is found
11. The delivery of movable property may be made by the mere consent or b. sale of second hand articles
agreement of the contracting parties, if the thing sold cannot be transferred to the c. animals sold at fairs
possession of the vendee at the time of the sale. This mode of delivery is known as: d. sale by virtue of authority in fact or law
c. Traditio longa manu e. none of the above
12. In a sale of an incorporeal property, the following are the modes of delivery, 35. Persons not liable for breach of warranty, except:
except: d. Pledgor
d. Actual delivery 36. When does the buyer of a thing has the right to the fruits of the thing bought?
13. In this kind of sale, the ownership passes to the buyer on delivery, but he may From the time the obligation to deliver the thing arises.
revest the ownership in the seller by returning or tendering the goods within the 37. If an immovable property is sold to two persons, ownership shall belong to the
time fixed in the contract, or, if no time has been fixed, within a reasonable time. person ____. Who first recorded the sale and bought the property in god faith.
b. Sale or return 38. A contract of sale is perfected ____.
14. For ownership to pass, the seller must have the right to sell: As a general rule, when there is meeting of the minds between the vendor and the
d. At the time ownership is to pass vendee on the object of the sale and the price certain.
15. When a person who is not the owner of a thing sells or alienates and delivers it,
39. It is a contract by virtue of the terms which the parties thereto promise and
and later the seller or grantor acquires title thereto, such title passes by operation
obligate themselves to enter into another contract at a future time, upon the
of law to the buyer or grantee. This is:
b. Estoppel by deed happening of certain events, or the fulfillment of certain conditions.
16. In a CIF arrangement, delivery is considered to take place at: 40. A contract of sale is not necessarily:
c. Port of origin c. Commutative
17. In this mode of delivery, the seller would remain in possession of the thing after 41. When the goods are delivered to the buyer, the ownership passes to the buyer
the sale: in ___.
b. Traditio constitutum possesorium Sale or return.
18. This seller has a statutory power to sell: 42. The following may not be valid objects of a contract of sale, except:
d. Notary public a. objects outside the commerce of men
19. Ownership passes upon delivery in: b. illicit things
c. Absolute sale c. Future goods.
20. Who can transfer ownership by virtue of a sale? A
d. impossible service
d. All of the above
44. S makes an offer to B on January 1, 1996. B makes known his known his
21. The following are requisites for a valid exercise of the right of stoppage in
acceptance in a letter sent on January and received by S on January 10. Meantime
transitu, except:
c. seller has not parted with the possession of the goods on January 5, S became insane.
22. One of the following is not a remedy granted to an unpaid seller:
d. right to demand a security for the payment of the price There was no perfected contract of sale since there was no meeting of the minds
23. One of the following is not an alternative remedy available to a seller of between the party, applying the cognition theory where there is a perfected
personal property sold on instalment if the buyer defaults. contract of sale if the acceptance of the buyer is made known to the seller. Unlike
d. to take possession of the property and forfeit the amount paid by buyer manifestation theory where acceptance by the buyer perfects the contract already.
45. Which of the following obligations of the vendor cannot be waived.
6. The following cannot be held liable for breach of warranty except: d. pledgee e.
to deliver the thing to the buyer none of the above

Transfer of ownership of the object of the sale is necessary in the performance of The law would specifically exempt certain persons from liability for breach of
the obligation of the vendor and transfer of ownership is effected only through warranty like sheriff, auctioneer, mortgagee, pledgee and other persons who sell
by virtues of an authority of law like notary public because they are not really
delivery. There is always delivery in a contract of sale it is either actual or
selling for themselves, they are selling on behalf of another person.
constructive.
7. The redhibitory action, based on the faults or defects of animals must brought
46. Ownership of the thing sold is transferred/acquired/retained: within: a. forty days from the date of their delivery to the vendee. (Art. 1577)
b. transferred to buyer upon constructive or actual delivery
47. Which of the following statements is correct? a. in COS, the full payment of the 8. If there is a stipulation exempting the vendor from the obligation to answer for
price is in the nature of suspensive b. seller need not be the owner of the thing sold eviction and the vendor acted in bad faith the vendor shall be liable for the
at the perfection of the sale c. there may be a transfer of ownership over the thing following: e. All of the above. (Art. 1555)
even if the seller has not delivered the thing sold to the buyer d. in COS, the buyer
becomes the owner of the thing sold upon full payment of the purchase price. 9. There is no implied warranty as to hidden defects/quality in the following,
except: c. sale by virtue of authority in fact or law (Art. 1570)
48. In a contract of sale of a specific carabao, the seller was obliged to deliver the
animal on Dec 31 2003. In November 2003, the carabao had an offspring. The 10. The buyer is deemed to have accepted the goods. d. all of the above.
offspring belongs to ___.
MULTIPLE CHOICE QUESTIONS
Seller, because the fruit arouse before the obligation to deliver arises.
49. Sale is distinguished from dation in payment in that in dation in payment ___. 26. That the buyer is insolvent is a requirement for the exercise of the: b. A right of
There is a pre-existing obligation or credit. stopping the goods in transit
50. There is a contract of sale ___. 27. The unpaid seller of goods loses his lien , except: c. When he has obtained
c. When foods are delivered to a person on charge account judgment or decree for the price of the goods.
51. The following persons cannot acquire by purchase, even at a public or judicial 28. Goods are no longer in transit: d. All of the above
auction, either in person or through the mediation of another, except ___ 29. An unpaid seller cannot exercise the right to resell if: a. The seller has parted
Agents, the property whose administration or sale may have been entrusted to possession of the goods
them. 30. The unpaid seller’s right of lien or stoppage in transitu is not affected by any
52. Araneta wrote a letter to Bascon wherein he offered to sell a piece of land. In sale, or other disposition of the goods which the buyer may have made, unless: b. A
Araneta’s letter he gives Bascon a period of 2 months within which to pay the price negotiable document of title has been issued for goods, which were sold to a
of 500k. After 50 days, Araneta told Bascon that he is increasing the price of the purchaser for value in good faith to whom such document has been negotiated
land to 700k. Can Bascon compel Araneta to accept the 500k first offered by 11. If the transaction is an equitable mortgage, the remedy is:
Araneta and execute the deed of sale? No, Bascon did not signify his acceptance of a. declaration of nullity
offer. b. annulment c. rescission
d. any of the above
53. A characteristic of COS which involves exchange of value, it is ___. e. none of the above
Commutative 12. In conventional redemption, the period for redemption, in the absence of an
54. A case where COS may not necessarily be in writing to be enforceable. a. Sale of express agreement shall last: b. four years from the date of the contract
100 piculs of sugar at 400 per picul when there is partial delivery; even if there is 13. Should there be an agreement as to the period of redemption, the period
no partial delivery, the amount is already more than 500 and covered by the statue cannot exceed: c. ten years
of frauds. 14. In a sale of a parcel of land with a right to repurchase, there being no
stipulation to the contrary, ownership passes to the vendee upon: b. upon delivery
55. In a contract of sale, the nature of the object of the sale will not be relevant in - 15. The remedy of the creditors of the vendor as to the right of redemption
e. None of the Above against the vendee is: c. a subsidiary remedy

1. The guardian purchases the property of his ward. a. VOID.

2. The purchaser of a private agricultural land is a former Filipino citizen. a. VALID.

3. Contracts of sale with a false cause. a. VOID.

4. Sale of a car where the price is in Chinese Yuan. a. VALID.

5. Oral sale of an immovable for P450. a. UNENFORCEABLE.

6. Sale of large cattle in a private instrument. a. VOID.

7. The guardian sold the property of his ward valued at P100,000 to another person
for the price of P70,000. a. UNENFORCEABLE.

8. A deed of absolute sale which does not contain a provision as to the price. a.
VALID.

9. Sale of hereditary rights of an heir to the executor of the will of the decedent. a.
VOID.

10. Sale of a property in litigation to the court stenographer of the court where the
case is pending. a. VOID.