MIDTERM PERIOD a.

II and IV pertain to a contract of sale

b. II and III pertain to a contract to sell
This characteristic does not apply to a contract c. I and III pertain to a contract of sale
of sale d. I and III pertain to a contract to sell
a. Nominate
b. Commutative If the price is uncertain
c. Innominate a. The buyer must pay a reasonable
d. Bilateral price
b. The transaction is void
That in a contract of sale “one gives the c. The price is to be fixed by the court
equivalent of what he received” is theoretically d. The sale is unenforceable
a description of the contract as -
a. Commutative The following items pertain to either emptio rei
b. Nominate sperati or emptio spei
c. Onerous I. The sale of a future thing
d. Innominate II. The sale of hope or expectancy
III. The sale of a present thing
A characteristic of the contract of sale which IV. The thing sold must come into
involves exchange of value existence
a. Bilateral Based on the above information, which of the
b. Commutative following is correct?
c. Nominate a. III and IV pertain to emptio spei
d. Consensual b. II and III pertain to emptio rei sperati
c. II and III pertain to emptio spei
Which of these is not a requisite of the object d. I and II pertain to emptio rei sperati
in a contract of sale?
a. That the seller must already be the Which of these is an example of emptio spei?
owner of the object at the time of the a. Sale of mangoes which will be
sale harvested at some future time from a
b. That the object should not be beyond particular orchard
the commerce of man b. Sale of a lottery ticket
c. That the object be determinate c. Sale of vine which be produced from a
d. That the object be licit or lawful particular vineyard
d. Sale of sugar will be produced from
Which of the following statements is true and the sugarcane of a particular field.
correct?
a. In a contract of sale the full payment of Which of the following may not be the object of
the price is in the nature of suspensive sale?
condition in that the seller is obligated a. Things having a potential existence
to transfer ownership of the thing sold b. Future goods
b. In a contract of sale the buyer c. The sale of vain hope or expectancy
becomes the owner of the thing sold d. Answer not given
upon full payment of the purchase Consideration in sale:
price 1st - if the price is grossly inadequate the
c. The seller need not be the owner of contract of sale is affected. And if the price is
the thing sold at the perfection absolutely simulated the contract is void.
d. There may be a transfer of ownership 2nd - the fixing of the price can never be left to
over the thing even if the seller has not the discretion of one of the parties. However, it
delivered the thing sold to the buyer may be fixed by a third person.
a. Both are false
The following items pertain to either a contract b. 1st is false and 2nd is true
of sale or a contract to sell c. Both are true
I. Ownership of the thing sold is d. 1st is true and 2nd is false
transferred upon delivery
II. Ownership of the thing is transferred Three of the following are characteristics of a
to the buyer some future time. contract of sale. Which one is the exception?
III. The risk of loss is on the buyer a. Commutative contract
IV. The risk of loss is on the seller b. Onerous contract
Based on the above data, which of the c. Accessory contract
following is correct? d. Bilateral contract
 b. Contract subject to a resolutory
Cory transferred to Doris a parcel of land for condition
the price of P100,000, P30,000 to be paid in c. Contract for a piece of work
cash and for the difference, she will convey d. Contract of sale
her car worthP70,000. What kind of contract is
this? When does the buyer of a thing have the right
a. Contract of sale to the fruits of the thing bought?
b. Lease contract a. From the time the obligation to deliver
c. Obligation to sell the thing bought arises
d. Barter b. From the time the thing bought is
delivered
The period when the minds of the seller and c. From the time the fruits are delivered
the buyer have met on the subject matter and d. From the time the sale is perfected
the cause of the interest is.
a. Consensus of the sale Can future inheritance be the subject of a
b. Negotiation of the sale contract of sale?
c. Consummation of the sale a. No, since it will put the predecessor at
d. Perfection of the sale the risk of harm from a tempted buyer,
contrary to public policy
A grants B the right to sell the former’s b. No , since the seller owns no
appliances in the provinces. A is to furnish B inheritance while his predecessor lives
with the appliances which the latter may order. c. Yes, since the death of the decedent is
The price agreed upon is the invoice price of certain to occur
the appliances in Manila with a discount of d. Yes, but on the condition that the
25%. Payment is to be made at the end of 30 amount of the inheritance can only be
days. The contract is. ascertained after.
a. Contract for a piece of work
b. An agency to sell Statement 1: S sold to B a car for P600,000
c. Contract of sale consisting of cash in the amount of P200,000
d. A contract for services and a diamond ring, valued at P400,000. The
contract between S and B is one of barter.
The kind of sale is perfected by the falling of Statement 2: D conveyed C the ownership of
the hammer or gavel his car valued at P600,000 where the
a. Sale or return consideration is P300,000 in cash and a
b. Lease/purchase diamond ring worth P300,000. The transaction
c. Sale on approval between D and C is a sale.
d. Auction sale a. Both statements are true
b. Statement 1 is true, but statement 2 is
Which of these is an example of emptio spei? false
a. Sale of lottery ticket c. Statement 1 false, but statement 2 is
b. Sale of vine which can be produced true
from a particular vineyard d. Both statements are false.
c. Sale of mangoes which will be
harvested at some future time from a Which of these is an unaccepted unilateral
particular orchard. promise to buy or sell?
d. Sale of sugar which will be produced a. Option
from the sugarcane of a particular b. All of the above
field. c. Earnest money
d. Option money
Mr. Marcelo Cardenas orders for his workers
1000 pieces of t-shirt ranging from size small Which of these is proof of the perfection of a
to large firm the Lapu-lapu Garments Mfg contract of sale?
Corp.. The specified size, although not then a. Earnest money
available, are manufactured by said b. Option
corporation and consigned to its sales outlets c. Option money
regularly. The contract entered into by Mr. d. None of the above
Cardenas with the Lapulapu Garments Mfg.
Corp is a S and B agreed on the sale of a diamond ring
a. Answer not given where the fixing of the price was entrusted to a
third person. T is unable or unwilling to fix the
price. The status of the contract between S One of the following is not an alternative
and B is remedy available to a seller of personal
a. Unenforceable property on installment if the buyer defaults.
b. Voidable a. To go to court and ask the court to
c. Inefficacious or void order delivery of the property
d. Still valid b. To foreclose the chattel mortgage
c. To sue for specific performance
S and B agreed on the sale of a car where B d. To take possession of the property and
alone shall designate the price. In which of the forfeit the amount paid by the buyer
following cases will the contract be valid?
a. B fixed the price of the car at
P600,000 and communicated it to s In a sale of personal property on the
who agreed. installment basis, should the buyer fail to pay
b. B fixed the price at P600,000 and two or more installments then the unpaid seller
communicated it to S has this remedy or remedies.
c. None of the above a. Foreclose the chattel mortgage only
d. B fixed the price of the car at b. To choose among fulfillment or
P600,000 which is more than cancellation of the sale of the
reasonable foreclosure of the chattel mortgage
There is perfection of the contract of sale - c. To cancel the sale
a. When the seller and the buyer arrive d. To exact fulfillment only
at a meeting of the mind upon the
thing and upon the price. Sera sold to Brea a specific piano. It was
b. When the contract of sale is reduced agreed that Sara would fix the price a week
into writing later. At the appointed time, Sera named the
c. When the buyer pays the price of the price P60,000. Brea agreed. Is the sale
sale perfected?
d. When the seller delivers the thing sold a. Yes, because the price fixed by one of
to the buyer. the parties was accepted by the other
b. No, because the price was left to the
A case where contract of sale must not discretion of one of the contracting
necessarily be in writing. parties
a. Sale of 100 piculs of sugar at P400 c. All of the above
per picul when there is not partial d. No, because at the time of sale the
delivery price was not fixed.
b. Sale of land
c. Sale where by its term cannot be Which of these is not a requisite of the object
performed within one year from the in a contract of sale?
making thereof. a. That the seller must already be the
d. Sale a public auction owner of the object at the time of the
sale.
The buyer becomes entitled to the fruits of the b. That the object should not be beyond
thing sold the commerce of man
a. From the time the obligation to deliver c. That the object be determinate
the thing arises d. That the object be licit or lawful
b. From the time the buyer demands
from the seller the delivery of the fruits In distinguishing Earnest Money from Option
c. From the time the buyer files a case in Money, Earnest Money is:
court for the delivery of the thing and a. Given only when there is a perfected
the fruits contract of sale.
d. From the perfection of the contract of b. Given as a separate consideration
sale from the purchase price
Unless there is a stipulation to the contrary the c. Given when there is not contract of
expenses for the execution or registration of sale
the sale shall be borne by: d. Given to bind the offeror in a unilateral
a. The vendor promise to sell or buy
b. The vendee and vendor
c. The agent or broker In a sale of personal property on the
d. The vendee installment basis, should the buyer fail to pay
one installment, the unpaid seller has this Statement 2: If the proceeds of the sale are
remedy or remedies - less than the remain obligation, the deficiency
a. To foreclose the chattel mortgage only judgment cannot recovered by the unpaid
b. To cancel the sale only seller from the buyer and if there is an
c. To exact fulfillment only agreement to that effect, such agreement is
d. To choose from exacting fulfillment considered null and void according to the
cancellation of the sale or foreclosure Recto Law.
of the chattel mortgage, if any has
been constituted
a. 1 is false but 2 is true
b. Both are false
In a sale of personal property on the
c. Both are true
installment basis, should the buyer fail to pay
d. 1 is true but 2 is false
two or more installment then the unpaid seller
has this remedy or remedies -
a. To foreclose the chattel mortgage only S orally offered to sell a certain diamond ring
b. To cancel the sale to B for P50,000.00. B accepted the offer and
c. To exact fulfillment only to prove that he was in earnest, he gave S
d. To choose from among fulfillment or P1.000.00. The parties agreed that the
cancellation of the sale or the delivery of the ring and the payment of the
foreclosure of the chattel mortgage price would be made 30 days later. On due
date:
In a sale of personal property on the
installment basis, should the buyer fail to pay a. S cannot enforce payment because
two or more installment and the unpaid seller there was no contract of sale yet
chooses the cancellation of the sale b. S may collect from B P50,000
c. S may collect from B P49,000
d. S cannot enforce payment because
a. Only the buyer shall return the thing
the contract was not reduced to writing
sold
b. Both b and c
c. The buyer shall return the thing sold This mode of delivery consists in pointing at
and the seller shall return the price the thing sold which will have the effect of
paid transferring ownership from the seller to the
d. The buyer shall return the thing sold buyer - Traditio longa manu
and the seller shall not return the price
paid if there is an agreement to that
This mode of delivery occurs when the seller
effect provided it shall not turn out to
remains in possession of the thing sold, this
be unconscionable
time no longer as owner but as lessee or
otherwise. - Constitutum possessorium
Unaccepted unilateral promise or offer to sell
or buy a thing
S sold to B a residential lot said to be
containing an area of 1,000 sq. meters at
a. Res ipsa loquitur P10,000 per sq. meter. In this connection,
b. Caveat emptor which of these is a correct statement? - All of
c. Policitation the above
d. Precarium
Statement 1: O is the owner of a book which
In the same sale of personal property, should T stole and then sold to B. Upon discovery of
the unpaid seller choose foreclosure of the the book in the possession of B - O will be
chattel mortgage as his remedy, which is true considered as having a better right to the
or false? book.

Statement 1: If the proceeds of the Statement 2: If T sold the book of

sale of the public auction are more than the CBS, a merchant store and then B bought it
remaining obligation, excess shall appertain to from the latter - O will still have the better right
the buyer. to the book. - Statement is true, but statement
2 is false
When delivery takes place by the mere When goods are delivered to the buyer on
consent or agreement of the contracting "sale or return" for a period of 10 days,
parties as when the vendor merely points to ownership of the goods passes to the buyer. -
the thing sold which is thereafter be at the On delivery of the goods
control and disposal of the vendee if the things
sold cannot be transferred to the possession
On September 10, 2018, Errol sold a piece of
of the vendee at the time of the sale, delivery
land to Felix in a public instrument. On
is affected: - Traditio longa manu
September 11, 2018, Felix paid for the price.
On September 12, 2018, Felix took
A contract or receipt for the transport of goods possession of the land. On September 13,
and their delivery to the person named therein 2018, Felix registered the public instrument.
to order or to bearer is a - Bill of lading Under the circumstances given, Felix became
the owner on - September 10, 2018
Mr. Amado Romero owes the BIR P100,000 in
delinquent taxes and penalties. In order to A sold to B a parcel of land for P30,000. The
evade the payment of said liability, he sale is evidenced by a memorandum of
executed a deed of sale of his only parcel of agreement of sale written in Cebuano dialect.
land valued for P200,000 in favor of his One week later, A sold the same parcel of
brother Pablo, where P20,000 was stated as land to C for P40,000 which was evidenced
the purchase price, but the BIR has evidence by a formal deed of sale. Upon buying the
that said price had never been paid, the property, C, who was aware of the first sale,
purpose of the sale being to prevent the BIR to immediately took possession of the land and
levy upon the land to satisfy the tax liability of registered the deed of sale in her favor with
Mr. Amado Romero. In this case: - The BIR the Register of Deeds. When informed of the
should first annul the sale before it may levy second sale, B subsequently registered an
upon the land pursuant to the provisions of the adverse claim to the property. The parcel of
NIRC land shall belong to: - B, because she got an
older title
Ownership of the thing sold is
transferred/acquired/retained: - Transferred to A form of delivery which takes place after the
the buyer upon constructive or actual delivery seller of the property continues possession of
of the thing sold. said property no longer as owner but as a
mere possessor: - traditio constitutum
possessorium
Which of the following obligations of the
vendor cannot be waived? - to transfer the
ownership to the buyer S and B entered into a contract whereby S
transferred to B a specific car for the price of
P200,000.00, while B gave to S P90,000.00 in
One of the following is not a remedy granted to
cash and a diamond ring worth P110,000.00.
an unpaid seller: - right to demand a security
The heading of the written contract signed by
for the payment of the price
the parties reads "Contract of Sale". - the
contract is a valid contract of sale as intended
On March 1, 2018, S sold and delivered to B a by the parties regardless of whether the
television set for P10,000.00 "on sale or monetary consideration is more or less than
return" giving B up to March 16, 2018 within the value of the property consideration
which to return the television set. On March
10, 2018, the television set was burned
S, the owner of a rent-a-car business, leased
through no fault of B. Based on the foregoing,
one of his cars to B for one month. On the day
which of the following statements is incorrect?
of the expiration of the lease and while B was
- S must bear the loss since the time for the
still in possession of the car, B offered to buy
return of the television set had not yet expired
the car from S for P200.000.00. Believing the
price to be a good one, S readily accepted B's
One of the following is not a remedy granted to offer and then and there executed a deed of
an unpaid seller:- right to demand a security absolute sale in favor of B who immediately
for the payment for the price. paid the price in cash. Thereafter, B drove
away from place of S. - delivery of the car by S
to B is traditio brevi manu
Unless there is a stipulation to the contrary the In one of the following cases, delivery of the
expenses for the execution or registration of goods to a carrier for the purpose of
the sale shall be borne by - the vendor transmission to the buyer transfers ownership
to the latter. Which one is it? - When the owner
does not reserve the right of possession or
A offered to sell his lot to B for P100,000. In
ownership of the thing sold upon delivery to
his offer to sell it was stated that B is given 60
the carrier
days to prepare the P100,000 and as soon as
B is ready with the money A will execute a
deed of sale. Before the end of 60 days A S orally offered to sell a certain Laptop
informed B that price of the lot was increased computer to B for P50,000. B accepted the
to P120,000. May B compel A to accept offer and he gave S P5,000 as down payment.
P100,000 offered previously by A and make The parties agreed that the delivery of the
him execute the deed of sale? - No, for B laptop computer and the payment of the price
never signified his acceptance of A’s offer would be made ten (10) days later. On due
date: - S may collect from B P45,000
In a sale, this is actual delivery. - When the
goods sold are placed in the control and Dave sold to Babe orally a parcel of land for
possession of the buyer P500.000. Delivery was made of the land. The
payment of the price was to be made three
months later. At the end of the three month
Adel sold to Bella the former's horse for
period - Dave can collect from Babe because
P50,000. No date is fixed by the parties for the
the contract was already executed partially.
performance of their respective obligations.
The obligation of Adel is - to deliver the horse
upon payment of Bella of P50,000 Which of these is not an essential requisite of
warranty in case of eviction? - that the vendee
must have appealed the judgement of the
Sergio sold to Bart a specific "fighting cock" by
lower court to a higher court
pointing it to Bart. What kind of delivery is
effected? - traditio longa manu
Jansen bought a specific horse to be used by
him for his daily travel in the province of Bicol
If the immovable property should have been
as stated in his contract with the vendor
sold to different vendees, the ownership shall
Carlito. The horse however has a fractured leg
be transferred to the person.- Who in good
which make it unfit for travel. The sale of the
faith recorded it in the Registry of Property
horse is - VOID

Xenon stole a fountain pen from Olden and

Three of the following are implied warranties in
sold it to a Bazaar who pays for it in good faith,
a contract of sale. Which is the exception? -
not knowing it was stolen. The Bazaar then
right to sell the thing at the time the contract is
sold it to Bert, a student. - Ownership passed
perfected
to Bert because he bought it in a merchant
store
Warranty against hidden defect is: - Natural
element
On May 1, 2020, S sold to B through a private
instrument 20 sacks of corn stored in the only
warehouse of S. On May 10, 2020, S delivered The purpose of this action is to ask for a
the keys to the warehouse to B. The delivery proportionate reduction of the price – Quanti
made by S to B is known as: - symbolic minoris
delivery by traditio clavium
Three of the following are the requisites in
Lino entered into a contract to sell with order that the vendee may enforce the
Ramon, undertaking to convey to the latter vendor's liability in case of eviction. Which one
one of the five lots he owns, without specifying is not? - the vendee must have appealed from
which lot it was, for the price of P1 million. such judgement rendered against him
Later, the parties could not agree which of five
lots he owned Lino undertook to sell to
Redhibitory actions involving defective animals
Ramon. What is the standing of the contract? -
should be bought within – 40 days from the
Void
delivery
Sale of animals suffering from contagious The justified refusal of the buyer to accept the
diseases - Void goods produces the following effects, except: -
buyer is obliged to constitute himself as
depositary until her returns the goods
Jansen bought a specific horse to be used by
him for his daily travel in the province of Bicol
as stated in his contract with the vendor In three of the following there is no warranty
Carlito. The horse however has a fractured leg against hidden defects of animals. Which is
which make it unfit for travel. The sale of the the exception? - none of the above
horse is - Void
B imports electric fans from China and
This is not a part of the damages in case of specifically asks for 220 volts fans. The fans
breach of the warranty in case of eviction – arrived duly labeled 220 volts and sold them to
return the price of the thing sold the public as such. Later, it turned out that the
fans had been mislabeled by the manufacturer
and were only good for 110 volts. - B is not
On May 15, 2020, S sold to B a specific car
liable under the principle of “let the buyer
which S acquired from a friend last May 5,
beware
2020. On July 15, 2020, the car was totally
destroyed which was traced to a crack in the
engine block. S was not aware of the defect. Is In three of the following cases, the buyer is not
S, the seller, liable to B? - Yes, S is liable to entitled to suspend the payment of the price.
return the price, interest and expenses Which one will give him the right to suspend
incurred by B payment? - disturbance in the possession or
ownership of the thing purchased
Which of the following obligations of the
vendor cannot be waived?- To transfer Which of the following statements is false? -
ownership to the buyer the unpaid seller can exercise stoppage in
transitu if the buyer is insolvent and the vendor
has not yet parted with the thing sold
Erick bought a piece of land from Drei for a
lump sum of P1,200,000.00. Aside from
mentioning the boundaries in the contract Knowing that the car had a hidden crack in the
which is required in the sale of real estate, the engine, X sold it to Y without informing the
contract also states that the piece of land latter about it. In any event, the deed of sale
consists of 1,000 square meters. Before expressly stipulated that X was not liable for
delivery, Sarmiento discovered that the piece hidden defects. Does Y have the right to
of land actually contains 1,200 square meters.- demand from X a reimbursement of what he
erick must deliver all the 1,200 square meters; spent to repair the engine plus damages? -
Drei has to pay only P1,200,000 yes, since the defect was not hidden, X knew
of it but he acted in bad faith in not disclosing
the fact to Y
Which of the statements is not true? -
Warranty against hidden defect is an
accidental element of a contract of sale X sold Y 100 sacks of rice that Y was to pick
up from X’s rice mill on a particular date. Y did
not, however, appear on the agreed date to
An unpaid seller's right to resell the goods is
take delivery of the rice. After one week, X
available in the following cases, except: -
automatically rescinded the sale without
when the seller has lost his lien on the goods.
notarial notice to Y. Is the rescission valid? -
Yes, automatic rescission is allowed since,
A buyer ordered 10,000 apples from the seller having the character of movables and
at P25 per apple. The seller delivered 12,000 consumables, rice can easily deteriorate.
apples. What are the rights and obligations of
the buyer? - He can accept all 12,000 apples
Three of the following are the requisites in
and pay the seller at P25 per apple
order that the buyer may enforce the seller's
liability for hidden defects. Which one is not?
Three of the following are elements of the - the defect must be capable of determination
vendor's right of stoppage in transitu. Which is by an expert
the exception? - the seller must be in
possession of the goods,
Within what time should be the action for a
proportionate reduction of the price or
rescission be filed if the object is immovable
property? - within 6 months from delivery

S sold to B a residential lot said to be

containing an area of 1,000 sq. meters at
P10,000 per sq. meter. In this connection,
which of these is a correct statement? - all of
the above

Goods are still in transit: - if the goods are

rejected by the buyer, and the carrier or other
bailee continues in possession of them, even if
the seller has refused to receive them back

The following are the essential elements of a

contract of sale, except: - warranty against
eviction and against hidden defect

The following are the alternative remedies,

except one available to the buyer in case of
breach of warranty by the seller - rescind the
sale and retain the goods.