44. A sold to B in writing a gallon of water for P5,000,000. B now wants A.

place the
contract in a public instrument so that B could register the sale with the Registry of
Deeds and secure the Transfer Certificate of Title in bi name. Decide:
A. A may not be forced or compelled to execute the public instrument since the
sale is unenforceable
B. A has the obligation to execute the public instrument because the contract of
sale is enforceable.
C. A cannot be required to place the contract in a notarized deed of sale
because the contract is voidable
D. A can be required to execute the public instrument only if B has fully paid the
purchase price.

45. I. Where the seller delivers to the buyer a quantity of goods larger than he
contracted to sell, the buyer may accept the goods included in the contract and reject
the rest.
II. Where the seller delivers to the buyer a quantity of goods larger than he
contracted to sell and if the buyer accepts the whole of the goods so delivered, he
must pay for them at the book value.
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false

46. I. Where the seller delivers to the buyer the goods he contracted to sell mixed
with goods of a different description not included in the contract, the buyer may
accept the goods which are in accordance with the contract and reject the rest.
II. In the preceding paragraph, if the subject matter is indivisible, the buyer
may reject the whole of the goods.
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false16

47 I. Delivery to the carrier is not delivery to the buyer, even if the seller is
required to send the goods to the buyer.
II. The vendor shall not be bound to deliver the thing sold, if the vendee has
not paid him the price, or if no period for the payment has been fixed in the contract.
A. Only I is true
B. . Only II is true
C. Both are true
D. Both are false

48. The seller of goods is deemed to be an unpaid seller:

I. When the part or whole of the price has not been paid or tendered.
 II. When a bill of exchange has been received as conditional payment, and
the condition on which it was received has been broken by reason of the dishonor
of the instrument.
A. Only I is true
B. Only Il is true
C. Both are true
D.Both are false

49. The rights of an unpaid seller of goods are the following, except:
A. A lien on the goods or right to retain them for the price while he is in possession
of them
B. In case of the insolvency of the buyer, a right of stopping the goods in transitu
after he has parted with the possession of them
C. A right of resale
D. A right to annul the sale

50. Under the following circumstances, the unpaid seller has possessory lien,
except:
A. Where the goods have been sold without any stipulation as to a. credit
B. Where the goods have been sold on credit, but the term of credit has expired
C. Where the buyer becomes solvent
D.Where the buyer becomes insolvent

51. The unpaid seller of goods loses his lien under the following, except:
A. a carrier or other bailee for the When he delivers the goods purpose of
transmission to the buyer without reserving the ownership in the goods
B. When the buyer or his agent lawfully obtains possession of the spood
C. By waiver
D. None of the above.

52. I. Goods are considered "in transit" from the time when they are delivered to
a carrier for the purpose of transmission to the buyer, until the buyer takes delivery of
them from such carrier.
II. Goods are considered "in transit" if the goods are rejected by the buyer
and the carrier continues in possession of them, even if the seller has refused to
receive them back.
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false.