ATP | ATTY.

BUGAYONG

FINALS
Intel/Questionnaire

I. A.Y. Not Specified

1. A, B, C, D, and E formed a partnership of car dealership for 20 years. B contributed all his present property and
all profits from his industry or work; he is not liable personally for losses. C is an industrial partner and is
managing the business pursuant to the articles of partnership. All properties are under the name of D. E was
subsequently made manager by virtue of a resolution.
a. What kinds of partnership were there?
b. How should they file certificate and how should they name the firm?
c. C operates a canteen business. B operates a car dealership business. All partners oppose.
d. How may they dispose of property? Can the partnership subsequently recover the same?
e. C decided to hire new staff. Others oppose.
f. How many managing powers given to the managing partners can be revoked?
g. If, after dissolution, D enters into a transaction with R, is it valid?
h. What are the effects if A is insolvent?
i. B assigns his rights to Z.
j. What if B dies instead of assigning his rights?
k. The firm owes R 5M, D 10M, E 10M, A is insolvent, B assigned his rights to Z. Distribute.

2. John orally authorized Jeff to buy a parcel of land for 5M payable in 3 years. John bought it for 4M payable in 5
years. Then, he registered the same in his name. John is in the US. Five years later, John comes home and sues
Jeff for breach of trust, damages, and recovery of property on the ground that Jeff was a mere trustee and he
violated his duties as agent. Jeff said he did not and there was prescription.
a. Decide the facts based on the rule on agency.
b. Rule on trust.

3. Distinguishing characteristics of trust, agency, and partnership.

4. *Scenario* Is it a particular limited partnership?

II. A.Y. Not Specified

1. Dad misrepresented that he and mom have no children and causes the registration of their property in his
name when mom died. 30- and 35-year old children seek reconveyance. Does laches/prescription bar their
action?

2. Commission agent with 10% commission does not expressly accept. He then receives damaged goods and sells
them as good and with 5% interest.

3. Fake agent sells the house of a person who later finds out about it but does not repudiate the transaction.

4. Deed of sale over a car transferred to a person who loaned money to the owner.

5. Heirs of A is in possession of a property owned by A but was fraudulently registered by B. heirs of B now claims
that it is theirs and immediately files for reconveyance.

6. A authorizes her sister, B, to sell her car or land. A dies. B sells it to C. Heirs of A are asking for reconveyance.

7. A authorizes B to sell her car. A then sells it to C before B sells it to D.

8. B authorizes C to do anything C may see fit. C sells all of B’s properties.

9. Alfredo buys a parcel of land from Fred, with the title registered in Pedro’s name.

10. Trust vs. agency vs. other contracts

11. Agent vs. trustee vs. factor

12. A authorizes B to sell goods. B does not object. B does not sell. A authorizes Atty. to compromise with C. Atty,
believes it would be best to arbitrate, so she submits it for arbitration.

13. A, B, and C are agents of D. B and C did something that created a 10M loss to D. Discuss the liabilities.

14. A is B’s agent. A sells to C goods on credit in his own name.