Quiz 3
True or False:
1.Warranty against eviction is inherent in a contract of sale; hence it is an essential element
thereof.
Ans: False
2. 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.
Ans: True
3. There is no implied warranty as to the condition, adaptation, fitness or suitability of an article
sold as and for a secondhand article.
Ans: True
4. The rule of caveat emptor (buyer beware) does not apply to execution sales since the sheriff
does not warrant the title to real property sold by him as sheriff.
Ans: False
5. When the prescription has commenced to run against the vendor and was already completed
before the sale, the vendee can no longer enforce the warranty against eviction.
Ans:False
Multiple choice:
1.A form of constructive delivery where only the keys or depository are being delivered to where
the movable is kept or stored.
Ans: Symbolic Delivery
2. It is a form of delivery of a movable by mere consent or agreement.
Ans: Traditio Longa Manu
3. __________________________ the derivative mode of acquiring ownership by virtue of
which one who has the right and intention to alienate corporeal thing, transmit it by virtue of a
just title to one who accepts the same.
Ans: Tradition
4. __________________ is one which is acknowledged before a notary public or any official
authorized to administer oath, by the person who executed the same.
Ans: Public instrument
5. It is a contract in the nature of an option to purchase if the goods prove satisfactorily, the
approval of the buyer being a condition precedent.
Ans: Sale on trial contract
6. "Nemo dat quod non habet"
Ans: No one gives what they do not have.
7. It is a document of title in which is stated that the goods referred to therein will be delivered to
the bearer, or to order of any person named in such document.
Ans: Negotiable instrument
8. It is extension of the lien for the price and entitles the unpaid seller to resume possession of the
goods while they are in transit before the goods come in possession of the vendee.
Ans: Right to stoppage in transit
9. Right to lien is available in the following circumstance, except:
Ans: Goods are delivered to the buyer.
10. The following are the effects of rescinding a contract of sale, except:
Ans: Seller has to reimburse the buyer.
11. From the date of delivery, the prescriptive period for an action of rescission or reduction of
the price in a sale of real estate must be within:
Ans: 6 months
12. ___________________ is the judicial process whereby the vendee is deprived of the whole
or part of the thing purchased by virtue of a final judgment based on a right prior to the sale or an
act imputable to the vendor.
Ans: Eviction
13. By ________________, one acquires ownership and other real rights through the lapse of
time in the manner and under the conditions prescribed by law.
Ans: Prescription
14. Is that which the law derives by implication or inference from the nature of the transaction or
the relative situation or circumstances of the parties.
Ans: Implied warranty
15. S sells a parcel of land to B. Subsequently, C files an action for the recovery of possession
claiming that he is the owner of the land sold to B. At the instance of B, S was summoned to
defend his title. The court renders a final judgment declaring that C has a better right. Is S
liable?
Ans: S is liable for violation of warranty against eviction
16. The following are alternative remedies of the buyer to enforce warranty against hidden
defects, except:
Ans: Accion Subrogatoria
17. If the vendor was not aware of the hidden defects, he shall be obliged to return the following,
except:
Ans: Damages
18. Warranty that the goods are suitable for the special purpose of the buyer.
Ans: Warranty of fitness
19. The actions for rescission or reduction of the price must be brought within the proper period
6 months 40 days
- from the date of delivery of the thing sold or within from the date of
delivery in case of animals.
