OBLICON (FINAL NA TO)

LAW ON OBLIGATION AND CONTRACTS
QUIZ 1 binding and enforceable contract • False

1. I. If the thing is specially done at of sale or contract to sell.
the order of another, this is a 11. Things having a potential
contract of sale. • True existence may be the object of the
II. If the thing is manufactured or • False contract of sale.
procured for the general market in 6. A contract of sale is a • True
the sale in the ordinary course of consensual contract and, thus, is • False
one's business, it is a contract for a perfected by delivery. 12. The thing must be licit and the
piece of work. vendor must have a right to
• True transfer ownership thereof at
a. Only I is true • False the time of perfection.
b. Only II is true • True
c. Both are true 7. I. If the consideration of the • False
d. Both are false contract consists partly in money,
and partly in another thing, the 13. In general, the object is the
2. It is simply a contract by which transaction shall be absolutely why of the contract or the essential
the owner of property agrees with barter. reason which moves the
another person that he shall have II. In order that the price may be contracting parties to enter into the
the right to buy his property at a considered certain, it shall be contract.
fixed price within a certain time. sufficient that it be so with • True
reference to another thing certain, • False
a. Option or that the determination thereof
b. Earnest be left to the judgment of a special 14. It is also sometimes called an
c. Absolute person or persons. "unaccepted offer."
d. Conditional
a. Only I is true a. Option
3. Is a continuing offer or contract b. Only II is true b. Earnest
by which the owner stipulates with c. Both are true c. Absolute
another that the latter shall have d. Both are false d. Conditional
the right to buy the property at a
fixed price with a certain time, or 8. The object of every contract 15. A special mode of payment
under, or in compliance with, must be determinate as to its kind. where the debtor offers another
certain terms and condition or thing to the creditor who accepts it
which gives to o the owner of the • True as equivalent of payment of an
property the right to sell or demand • False outstanding debt.
a sale.
9. One of the contracting parties a. Application of payment
a. Option obligates himself to transfer the b. Cession in payment
b. Earnest ownership of, and to deliver, a c. Dation in payment
c. Absolute determine thing, and the other to Tender of payment and
d. Conditional pay therefor a price certain in consignation
money or its equivalent.
4. Sale by itself does not transfer 16. I. In the case of fungible goods,
or affect ownership; the most that a. Barter there may be a sale of an
sale does is to create the b. Sale undivided share of a specific mass,
obligation to transfer ownership. c. Partnership though the seller purports to sell
d. Agency and the buyer to buy a definite
• True number, weight or measure of the
• False 10. A Contract to Sell may not be goods in the mass, and though the
considered as a Contract of Sale number, weight or measure of the
. The parties need not agree on
5 because the second essential goods in the mass is
the manner of payment of the price element is lacking. undetermined.
of the property to give rise to a • True
II. Things subject to a resolutory . Only I is true
a
condition may be the object of the 21. Is manifested by the meeting of b. Only Il is true
Contract of sale. the offer and the acceptance upon c. Both are true
the thing and the cause which are d. Both are false
a. Only I is true to constitute the agreement.
b. Only Il is true 27. The perfection of a contract of
c. Both are true a. Determinate subject matter sale should not, however, be
d. Both are false b. Consent or meeting of the confused with its
minds consummation. In relation to the
7. A sold to B orally a parcel of
1 c. Policitacion acquisition and transfer of
land for Php300,000. Delivery and d. Price certain in money or its ownership, it should be noted that
payment were to be made after six equivalent sale is not a mode, but merely a
months. When the said date title.
arrived, A refused to deliver the 22. A contract for a piece of work, • True
land. Can B compel A to deliver? labor, and materials may be • False
distinguished from a contract of
a. Yes, because the sale has been sale by the inquiry as to whether 28. Is given by the buyer to the
perfected the thing transferred is one of seller to bind the bargain.
b. Yes, because there was an existence and which would never
agreement. have existed but for the order of a. Option money
c. No, because the sale although the person desiring it. In such b. Initial payment
valid is unenforceable. case, the contract is one for a c. Down payment
d. No, because the sale is void piece of work, not a sale. d. Earnest money
• True
18. It constitutes an advance • False 29. S offered in writing to sell his
payment and must, therefore, be house and lot for Php1,000,000 to
deducted from the total price. 23. In dation in payment, the B on January 20, 2017. B
undertaking really partakes in one requested to give him one month
a. Option money sense of the nature of barter to raise the amount. On January
b. Initial payment • True 25, 2017, S informed B that he has
c. Down payment • False raised the price to Php1,200,000.
d. Earnest money Can B compel S to accept the
24. The sale of a vain hope or payment to Php1,000,000 for the
19. I. There may be a contract of expectancy is voidable. sale of the house and lot?
sale of goods, whose acquisition • True
by the seller depends upon a • False a. No, because the seller can
contingency which may or may not unilaterally fix the selling price.
happen. 25. In contract to sell, what the b. Yes, because the original offer is
II. The sole owner of a thing may seller agrees or obliges himself to binding on S.
sell an undivided interest therein. do is to fulfill promise to sell the c. No, because there is as yet no
subject property when the entire perfected sale
a. Only I is true amount of the purchase price is d. Yes, because of the principle of
b. Only Il is true delivered to him. mutuality of contract.
C. Both are true • True
d. Both are false • False 30. For the cause to be valid, it
must be lawful such that it is not
20. A contract of sale is classified 26. I. In contract of sale, the buyer contrary to law, morals, good
as a consensual contract, which receives the goods as owner. customs, public order or public
means that the sale is perfected by II. In agency to sell, the agent policy.
mere consent. A private instrument receives the goods as goods of the • True
is required for its validity. principal who retains his ownership • False
• True over them.
• False
31. A contract of sale is normally the option the right or privilege of
commutative but not onerous. accepting the offer and buying the 42. What is the test in determining
• True property on certain terms. whether it is a "contract of sale or a
• False mere option"?
a. Option
32. S sold his only cat to B. before b. Earnest a. Whether or not the agreement is
delivery and payment, the cat gave c. Absolute valid
birth to a kitten. d. Conditional b. Whether or not the agreement
could be specifically enforced.
a. B should pay the fair market 37. Sale of a mere hope or c. Whether or not the agreement is
value of the kitten. expectancy that the thing will come not rescissible
b. S is entitled to the fruit as he is to existence. Sale of the hope d. Whether or not the agreement is
the owner itself. covered by Statute of Frauds.
c. B is entitled to the kitten
which was born after the a. Emptio rei speratae 43. A contract of sale is perfected
perfection of the sale. b. Emptio spei by the meeting of the offer and the
d. S in entitled to the fruit because c. Sale of a future thing acceptance upon the thing and the
it was born before delivery. d. Unenforceable sale cause which are to constitute the
contract.
33. The fact that the quantity in 38. It shall be considered as part of • True
contract of sale is not determinate the price and as proof of the • False
shall not be an obstacle to the perfection of the contract.
existence of the contract, provided 44. In order that there be a valid
it is possible to determine the a. Option money dation in payment, the following
same, without the need of a new b. Initial payment are the requisites, except:
contract between the parties. c. Down payment
• True d. Earnest money a. There must be the performance
• False of the prestation in lieu of payment
39. The fixing of the price can which may consist in the delivery
34. Sale of a thing with potential never be left to the decision of one of a corporeal thing or a real right
existence. of the contracting parties. But or a credit against the third person
a price fixed by one of the b. There must be some difference
a. Emptio rei speratae contracting parties, if accepted by between the prestation due and
b. Emptio spei the other, gives rise to a perfected that which is given in substitution.
c. Sale of a present thing sale. c. There must be an agreement
d. Void sale • True between the creditor and debtor
• False that the obligation is immediately
35. If the thing subject of the extinguished by reason of the
contract would have existed and 0. The stages of a contract of
4 performance of a prestation
been the subject of a sale to some sale are the following, except: different from that due
other person even if the order had d. There must be performance of
not been given, then the Contract a. Negotiation the obligation which is based on
is one of sale. b. Counter-offer the liberality of the first party.
• True c. Perfection
• False d. Consummation 45. The essential elements of a
contract of sale are except
36. Until acceptance, it is not, 41. It is not a sale of property but a
properly speaking, a contract, and sale of the right to purchase. a. Consent or meeting of the minds
does not vest transfer, or b. Determinate subject matter
agree to transfer, any title to, or a. Option c. Written contract
any interest or right in the subject b. Earnest d. Price certain in money or its
matter, but is merely a contract by c. Absolute equivalent
which the owner of property gives d.. Conditional
QUIZ 2 c. The contract is perfected on d. The sale is rescissible
January 7, when the price is because S will suffer lesion of
1. I. The husband and wife paid, since both parties would more than A of the value of the
cannot sell property to one then have performed their whole stock
another as are rule which for obligations in the contract.
policy consideration and the d. There is no perfected 6. One of the following is not
dictates of morality require that contract because the sale was included as an example of
the prohibition apply to made orally. relative incapacity.
common-law relationships.
II. The law emphatically 4. A offered for sale to B 20 a. Husband and wife
prohibits the spouses from cavans of XYZ rice and fixed b. The guardian, the property of
selling property to each other the price per cavan at P100 the person or persons who may
subject to certain exceptions. over the price offered at W's under his guardianship
Similarly, donations between store in La Trinidad Public c. deaf-mutes who do not
spouses during marriage are Market. The price is: know how to write
prohibited. .
a. not certain because the price d. Agents, the property whose
a. Only I is true at La Trinidad Public Market is administration or sale may have
b. Only II is true not stated. been entrusted to them (your
c. Both are true b. certain because it has got response)
d. Both are false reference to another thing
which is certain. 7. I. The Civil Code prohibits
2. These cover everything c. not certain so the court may lawyers from acquiring by
indispensable for sustenance, fix the price. purchase assignment the
dwelling, clothing, medical d. certain because there is a property or rights involved
attendance, education and price ceiling for price of rice. which are the object of the
transportation. litigation in which they intervene
5. S sells to B at P50 per liter by virtue of their profession.
a. Necessary expenses 300 liters of gasoline stored in The prohibition applies not only
b. Useful expenses his truck tank, which is during the pendency of the suit.
c. Expenses of preservation unknown to the parties contains
d. Necessaries 500 liters. What is the status of II. The proscription against sale
the Contract of sale between S of property between spouses
3. On January 1, S orally sold and does not apply to common law
to B a specific ring for P450.00. B? relationships.
The parties agreed that S shall
deliver the ring to B on January a. The sale is void because the a. Only I is true
5, while B will pay the price on quantity available is more than b. Only II is true
January 7. the quantity sold. c. Both are true
b. The sale is valid up to 500 d. Both are false
a. The contract is perfected on liters of gasoline. B must pay
January 5, when the ring is for the additional 200 liters. 8. One of the following is not
delivered by S to B. c. The sale is valid up to 300 included as an example of
b. The contract is perfected liters of gasoline. B becomes relative incapacity.
on January 1, when the the owner of 3/5 of the whole
parties had a meeting of stock, while S becomes the a. Demented persons
minds on the object and price owner of 2/5 thereof.
b. Executors and P10,000.00. B agreed. Was the d. The guardian
administrators, the property of sale perfected?
the estate under administration QUIZ 3
c. Public officers and a. No, because the price was
employees, the property of the left to the discretion of one of 1. Where the parties purport a
State, the administration of the contracting parties. sale of specific goods, and the
which has been intrusted to b. No, because at the time of goods without the knowledge of
them. sale, the price was not fixed. the seller have perished in part
d. Justices, judges, and other c. Yes, because the price or have wholly or in 1a mater i
officers and employees fixed by one of the parties part so deteriorated in quality
connected with the was accepted by the other. as to be substantially changed
administration of justice, the d. Yes, because there was in character, the buyer may at
property in litigation before the agreement that A would fix the his option treat the sale:
court within whose jurisdiction price.
they exercise their respective I. As avoided; or
functions 12. These are certain persons,
under certain circumstances, II. As valid in all of the existing
9. One of the following is not cannot buy certain property. goods or in so much thereof as
included in absolute incapacity have deteriorated, and as
a. Absolute incapacity binding the buyer to pay the
a. Minors b. Relative incapacity agreed price for the goods: in
b. Insane c. Not certain so the court may which the ownership will pass if
c. The guardian, the property fix the price the sale was divisible.
of the person or persons who d. None of the above
may be under his a. Only I is true
guardianship 13. These are the persons who b. Only II is true
d. Demented persons cannot enter into a contract of c. Both are true
. sale otherwise the contract of d. Both are false
10. I. All persons, whether sale is defective.
natural or juridical, who can a. Absolute incapacity 2. I. If the thing which is the
bind themselves, have legal b. Relative incapacity object of the contract has been
capacity to enter into a contract c. Not certain so the court may entirely lost at:
of sale. fix the price time of perfection of sale, the
II Where necessaries are those d. None of the above contract shall be without any
sold and delivered to a minor or effect. The reason is because
other person without capacity to 14. The following persons there is an absence of an
act, he must pay a reasonable cannot acquire by purchase, essential element, that is, the
price therefor. even at a public or judicial Consent.
auction, either
a. Only I is true in person or through the II. A thing is lost when it
b. Only II is true mediation of another: perishes or goes out of
c. Both are true commerce or disappears such
d. Both are false a. Justices, judges, prosecuting a way that its existence is
attorneys, clerks of superior unknown or it cannot be
11. A sold to B her only laptop. and inferior courts, and other recovered.
It was agreed that A would fix officers and employees
the price a week later. At the b. Executors and administrators a. Only I is true
agreed time, A named the price c. Brothers and sisters b. Only II is true
c. Both are true QUIZ 4 II. Where by the terms of the
d. Both are false 1. Legal or constructive delivery document, the carrier,
may be had through any of the warehouseman or other bailee
3. If the thing should have been following issuing the same undertakes to
deliver the goods to the order of a
lost in part only at the time of
a. The execution of public specified person, and such person
perfection of the vendee may
instrument evidencing the sale or a subsequent endorsee of the
choose between: document has indorsed it in blank
b. Symbolical tradition such as the
I. Withdrawing from the contract delivery of the keys of the place or to the bearer.
or the movable sold is being kept
II. Damages c. Traditio longa manu or by mere a. Only I is true
consent or agreement if the b. Only II is true
a. Only I is true movable sold cannot yet be c. Both are true
b. Only II is true transferred to the possession of d. Both are false
c. Both are true the buyer already
d. Traditio constitutum 5. The following are modes of
d. Both are false
possessorium if the buyer delivery of incorporeal property,
already had possession of the except:
4. A thing is lost when, except:
object even before the sale
a. Execution of public instrument
a. It perishes 2. The following are the exceptions b. The placing of the titles of
b. Goes out of commerce to the general rule that ownership ownership in the possession of the
c. It is fully depreciated of the thing sold is acquired only vendee
d. Disappears in such a way upon its delivery to the buyer c. The use by the vendee of his
that its existence is unknown or except: rights, with the vendor's
it cannot recovered consent d. Execution of official
a. When the seller and the buyer receipt
agree that the ownership shall
5. I. If at the line the contract of
remain with the seller until the full 6. The principle of double sale is
sale is perfected, the thing not applicable in the following
payment of the purchase price
which is to he object Multiple b. Contract to sell except:
Choice of the Contract that c. Sale or return
been entirely lost, the contract d. Implied reservation of ownership a. The two different contracts of
shall still be valid. Points earned: 1 out of 1 sale are made by two different
II. If the thing should have been persons, one of them not being the
lost in part only, the vendee m 3. Also called" sale on acceptance" owner of the property sold
may cho between withdrawing b. Where one of the contract of
a. Sale on approval sale is a forgery
from the contract or specific
b. Sale or return c. Where one of the contract of
performance.
c. Sale by sample sale is genuine and the other is
d. Sale by description also genuine
a. Only I is true Points earned: 1 out of 1 d. Where one of the contract of
b. Only II is true sale is subject to a suspensive
c. Both are true 4. A negotiable document of title condition which was not complied
d. Both are false may be negotiated by delivery: with and the other is an absolute
sale
I. Where by the terms of the
document, the carrier, 7. As for actions based on breach
warehouseman or other baillee of implied warranty, the
issuing the same undertakes to prescriptive period is, warranty
deliver the goods to the bearer. against hidden defects of and
warranty against eviction:
a. 4 months from the date of in transit may resell the goods in
perfection one of the following cases: 15. The delivery consists in the
b. 4 months from the date of owner's continuous possession of
delivery a. Goods are not of perishable the property he had already sold to
c. 6 months from the date of nature another person but his present
perfection b. The seller expressly reserves possession is no longer that of an
d. 6 months from the date of the right of resale in case the owner but under another capacity,
delivery buyer should make default like that of a lessee.
c. The buyer has been in default in a. Legal formalities
8. One of the following is not a the payment of the price for a b. Symbolical tradition
requisite for breach of warranty reasonable time c. Traditio brevi manu
against hidden defect: d. None of the above d. Traditio constitutum
possessorium
a. The defect must be hidden. 12. The seller of goods is deemed
b. The defect must exist at the to be an unpaid seller: 16. The unpaid seller of goods
time of delivery of the contract loses his lien under the following,
of sale. I. When the part or whole purchase except:
c. The defect renders the thing has not been paid or tendered.
unfit for the use for which it is a. When he delivers the goods to a
intended. II. When a bill of exchange has carrier or other bailee for the
d. It must be instituted within the been received as conditional purpose of transmission to the
prescriptive period. payment, and condition on which buyer without reserving the
it was received has been broken ownership in the goods
9. Under the following by reason of the dishonor of the b. When the buyer or his agent
circumstances, the unpaid seller instrument lawfully obtains possession of the
has possessory lien except: goods
a. Where the goods have been a. Only I is true c. By waiver
sold without any stipulation as to b. Only II is true c. Both are true d. None of the above (correct
credit c. Both are false answer, your response)
b. Where the goods have been
sold on credit. but the term of 13. The rights of an unpaid seller 17. Is a statement or
credit expired of goods are the following, except: representation made by the seller
c. Where the buyer becomes of goods, contemporaneously and
solvent a. A lien on the goods or right to as part of the contract of sale,
d. Where the buyer becomes retain them for the price while he is having reference to the character,
insolvent in possession of them quality or title of the goods, and by
b. In case of the insolvency of the which he promises or undertakes
10. An unpaid seller having the buyer, a right of stopping the to insure that certain facts are or
right of lien or having stopped the goods in transitu after he has shall be as he then represents
good in transitu, may rescind the parted with the possession of them them.
transfer of title and resume the c. A right of resale
ownership in the goods: d. A right to annul the sale a. Condition
a. The seller did not expressly b. Warranty c. Exaggerations in
reserve the right to do so. 14. It is an act by which one party trade
b. The buyer has been in default parts with the title to and the d. Expression of opinion
in the payment of the price for possession of the property, and
an unreasonable time. the other acquires the right to and 18. The delivery is by mere
c. Goods are of perishable nature. the possession of the same. consent or agreement of the
d. None of the above a. Delivery (correct answer, your contracting parties, where the
response) seller
11. An unpaid seller having a right b. Contract of Sale points out to the buyer the object
of lien or having stopped the goods c. Eviction of sale without the need of actually
d. Contract to Sell delivering it.
a. Legal formalities possession in the concept of an
b. Symbolical tradition 23. A sold her specific car to B for owner (like a buyer of a house
c. Traditio brevi manu P200, 000 payable in 5 equal where he was a former lessee of
d. Traditio longa manu installments. A delivered the car the same house).
to B but a mortgage was
19. Who pays for the expenses of constituted on the car for the a. Legal formalities
putting the goods into a deliverable unpaid installments. B paid the first b. Symbolical tradition
state? 2 installments but failed the last 3 c. Traditio brevi manu
a. Seller installments. A foredosed the d. Traditio constitutum
b. Buyer mortgaged property and sold it at possessorium
c. None of the above public auction for P100,000. Which
d. All of the above is correct? 26. When goods are delivered to
the buyer on approval or on trial
20. This is opposite of constitutum a. A can recover from B the satisfaction, or other similar terms,
possessorium balance of P20, 000 even if there the ownership therein passes to
a. Legal formalities is no stipulation to that effect. buyer:
b. Symbolical tradition b. A cannot recover the I. When he signifies his approval or
c. Traditio brevi manu deficiency even if there is acceptance to the seller.
d. Traditio constitutum stipulation to the contrary. II. When he does any other act
possessorium c. A can recover from B the adopting the transaction.
balance of P20, 000 if there is III. if he retains the goods without
21. Goods are no longer "in transit" stipulation that effect. giving notice of rejection, then if a
under the following, except: d. A cannot recover the deficiency time has been fixed for the return
except if there is stipulation to that of the goods, on the expiration of
a. If the buyer obtains delivery of effect. such time, and if no time has been
the goods before their arrival at the fixed, on the expiration of a
appointed destination. 24. In case eviction occurs, the reasonable time.
b. If, after the arrival of the vendee shall have no right to
goods at the appointed demand of the vendor one of the a. Only I is true
destination, the carrier following: b. Only I and II are true
acknowledges to the seller that a. The return of the value which c. I, II, III are true
he holds the goods on his the thing sold had at the time of d. I, II, III are false
behalf and continues in the eviction, be it greater or less
possession of them as bailee for than the price of the sale 27. A delivers B his parcel of land
the seller b. The income or fruits, if he has worth 1,000,000 in exchange for
c. If, after the arrival of the goods been ordered to deliver them to the the car of B worth 500,000 and
at the appointed destination, the party who won the suit against him cash in the amount of 500,000.
carrier acknowledges to the buyer c. The costs of the suit which The contract is:
that he holds the goods on his caused the eviction, and, in a a. Barter
behalf and continues in possession proper case, those of the suit b. Sale
of them as bailee for the buyer brought against the vendor for the c. Partly barter partly sale
d. If the carrier or other bailee warranty d. Innominate contract
wrongfully refuses to deliver the d. The expenses of the contract,
goods to the buyer. if the vendor has paid them 28. In order that a vendor's liability
for eviction may be enforced, the
22. 8. The following are examples 25. This occurs when the would be following requisites must concur,
of document of title to goods, buyer had already the possession except:
except: of the object even before the a. There must be a final judgment.
a. Negotiable instrument contract of sale by virtue of b. The purchaser has been
b. Bill of lading another title which is not ownership deprived of only the whole of
c. Dock warrant (like a lessee in a Contract of the thing sold.
d. Warehouse receipt Lease), and pursuant to a contract
of sale, he would now hold
c. Said deprivation was by virtue of a. When after the obligation has because contract of sale is
a right prior to the sale made by been contracted, the vendee enforceable.
the vendor. becomes insolvent, unless he c. A cannot be required to place
d. The vendor has been gives a guaranty or security for the the contract in a notarized deed of
summoned and made debts. sale because the contract is
co-defendant in the suit for eviction b. When the vendee does not voidable.
at the instance of the vendee. furnish the guaranties. d. A can be required to execute the
c. When by his own acts he has public instrument only if B has fully
29. S sold a parcel of land to B. impaired said guaranties or paid the purchase price.
Subsequently, S sold the same securities after their establishment,
land to C who immediately took and when through a fortuitous
possession of the land. In this event disappear, unless the 36. The waiver is made by the
case, the proper remedy of B is: vendee immediately gives new vendee without the knowledge of
a. Ask for the rescission of the sale ones equally satisfactory. the risk of eviction. The vendor
because it is in fraud of creditors d. When the vendee violates any shall only pay the value which the
b. Institute an action for undertaking, in consideration of thing sold had at the time of
damages against S for breach of which the seller agreed to the eviction.
contract period.
c. File an action for rescission of a. Express waiver
the sale to C due to damage 33. This is opposite of traditio brevi b. Implied waiver
suffered by him manu. c. Waiver consciente (correct
d. File an action in court against to a. Legal formalities answer, your response)
recover the land b. Symbolical tradition d. Waiver intencionada
c. Traditio brevi manu
30. Actual delivery of a thing sold d. Traditio constitutum 37. On January 2, 2017 S sold to B
occurs when it is placed under the possessorium his only car with the payment to be
control and possession of the made on January 10,
vendee. 34. Is that which the law derives by 2017. However, on January 6,
a. Real delivery application or inference from the 2017, S sold the same car to C
b. Constructive delivery nature of the transaction or the who immediately to ok possession
c. Delivery by operation of law relative situation or circumstances thereof. Decide:
d. Other kinds of delivery as of the parties, irrespective of any a. B can file an action to rescind
intended by the parties intention of the seller to create it. the sale
a. Express warranty b. B may recover the car from C
31. The requisites of double sale b. Implied warranty because the former was first buyer
are the following, except: c. Condition c. B may claim damages from S
d. None of the above for breach of contract of sale
a. Two or more valid contract of d. B can file an action to annul the
sale 35. A sold to B in writing a parcel sale
b. Two or more buyers who are at of land for Php 5,000.00. B now
odds over the rightful ownership of wants A to place the contract in 38. The following are the
the object must represent a public instrument so that B could obligations of the vendor, except:
conflicting interests register the sale the Registry of
c. They must pertain exactly to the Deeds and secure the Transfer a. To transfer ownership of the
same object Certificate of Title in his name. thing sold at the time of meeting
d. They must be bought from the Decide: of the minds
different seller b. To deliver the thing
a. A may not be forced or c. To warrant the object sold
32. The vendor is not bound to compelled to execute the public against eviction and hidden
deliver the thing sold because the instrument Decide: since the sale defects
vendee has lost the right to make is unenforceable. d. To take care of the object sold
use of the term in the following b. A has the obligation to pending delivery
instances, except: execute the public instrument
39. A sold his land to B. Later, A a. Legal formalities only the amount agreed upon or to
sold the same land to C. B in turn, b. Symbolical tradition accept the whole area, provided he
sold the same land to D, who took c. Traditio brevi manu pays for the additional area at the
possession of the land in good d. Traditio longa manu contract rate.
faith. C, a purchaser in good faith, a. Only I is true
registered the sale in his favor. 43. A seller sold to a buyer a b. Only Il is true
Decide. specific parcel of land at price of c. Both are true
a. B is the owner of the land 1,000,000. The contract provides d. Both are false
because he was the first buyer that the buyer will pay the seller
b. C is the owner of the land cash 400,000 and deliver the 47. The following are the
having registered the sale in buyer's car worth 600,000. The obligations of the vendor, except:
good faith contract is: a. To deliver the thing
c. D is the owner of the land a. Barter b. To warrant the object sold
d. D is the owner because he is in b. Sale against eviction and hidden
good faith c. Contract to sell defects
d. Mutuum c. To take care of the object sold
40. S sold his only car with plate pending delivery
number XYZ123 to B. There was 44. The prescriptive period for d. To pay for the expenses for
no fixed date for the performance instituting actions based on a the execution and registration of
of their respective obligations. The breach of express warranty is that the contract of sale only if
obligation of S as vendor is: specified in the contract, and in the stipulated
absence of such period, the
a. To wait for the buyer to pay general rule on rescission of 48. The following are the
the price before he delivers contract, which is: warranties on negotiation of a
b. To deliver the car within a document of title, except:
reasonable time a. 4 years a. That the document is genuine
c. To deliver the car after one b. 5 years b. That he has a legal right to
month c. 6 years negotiate or transfer it
d. To pay for damages if the car d. 10 years c. That he has knowledge of no
was not delivered within one fact which would impair the validity
month 45. There is no transfer of or worth of the document
ownership notwithstanding delivery d. None of the above
41. A bought a pair of shoes from of the goods.
a store. The shoes did not belong 49. When the sale is made through
to the store but a customer a. Sale or return public instrument
who had left the same for repair. b. Sale on trial
Did A acquire good title to the c. Sale by sample a. Legal formalities
shoes? d. Sale by description b. Symbolical tradition
c. Tradition simbolica
a. No, because A bought it by 46. In a sale of immovable by the d. Traditio longa manu
mistake. unit, that is, at a stated rate per
b. Yes, because it was bought unit area.
from a store in good faith and I. If the vendor delivers less than 50. Is one who buys property of
for value. the area agreed upon, the vendee another without notice that some
c. No, because the seller is not the may oblige the vendor to deliver all other person has a right to, or
owner. that may be stated in the contract interest in, such property and pays
d. Yes, because the store was or demand for the proportionate a full and fair price for the same at
authorized to sell. reduction of the purchase price if the time of such purchase, or
delivery is not possible. before he has notice of the claim
or interest of some other person in
II. If the vendor delivers more than the property.
42. The parties use a symbol to the area stated in the contract, the
represent the thing delivered vendee has the option to accept
a. Purchaser in good faith d. Person with the oldest c.
b. Buyer in bad faith transfer certificate of title in Redhibitory defect
c. Seller in good faith good faith d. All of the above
d. Seller in bad faith
55. Quasi-delivery is the delivery of 59. S sold his land to B who began
51. It is any affirmation of fact or rights, credits or incorporeal to possess it. Later, C, a stranger
any promise by the seller relating property which is made by: sold the same land to D, who
to the thing if the natural tendency a. Execution of public instrument registered the sale and thus
of such affirmation or promise is to b. Placing of titles of ownership in obtained the title in his name. The
induce the buyer to purchase the the hands of buyer owner is:
same, and if the buyer purchases c. Allowing buyer to make use of a. D is the owner for he was the
the thing relying thereon. rights first registrant in good faith
d. Issuance of delivery receipt b. B is the owner because the
a. Express warranty owner is his seller
b. Implied warranty 56. Who can negotiate a c. S remains to be the owner
c. Condition negotiable document of title? d. S is still the owner because B
d. None of the above a. The owner of the negotiable did not register the sale
document of title
52. It is delivery by operation of b. Any person to whom the 60. That he has a right to transfer
flaw. possession of the document has the possession but not title to the
a. Real delivery been entrusted by the owner, if by goods. The following are the place
b. Actual delivery the terms of the document the of delivery, except:
c.Legal delivery bailee issuing the document a. The place of delivery agreed
d. Quasi-traditio undertakes to deliver the goods to upon
the order of the person to whom b. If there is no agreement, it is
53. 3. S sold to A in a deed of sale the possession or custody of the determined by usage of trade
his parcel of land. Afterwards, S document has been entrusted c. If there is no agreement and
sold the same land to B in another c. Any person to whom the custody usage of trade, it is the seller's
deed of sale who was aware of the of the document has been place of business if he has one,
sale to A. B thereafter took entrusted by the owner, if at the and if not his residence
possession thereof and registered time of such entrusting the d. If there is no agreement and
the sale in his name. The parcel of document is in such form that it usage of trade, it is the buyer's
land shall belong to: may be negotiated by delivery place of business if he has one,
d. All of the above and if not his residence
a. A, because he has the oldest
title 57. The waiver is made by the QUIZ 5
b. B, because the sale to him was vendee with the knowledge of the
in deed of sale risk of eviction and assumed its 1. I. Acceptance of the goods by
c. B, because he was the first consequences. The vendor shall the buyer shall discharge the seller
possessor of the land not be liable. from liability in damages for breach
d. B, because he first registered a. Express waiver of any warranty in the contract of
the sale in his favor b. Implied waiver sale
Points earned: 1 out of 1 c. Waiver consciente II. Where goods are delivered to
d. Waiver intencionada the buyer and he refuses to accept
54. The following are the rules in them having the right to do so he is
case of double sale of immovable 58. It shall take place whenever by bound to return them, having the
property, except: a final judgment based on a right right to do so, he is bound to return
a. First registrant in good faith prior to the sale or an act them to the seller, but it is sufficient
b. First possessor in good faith imputable to the vendor, the if he notifies the seller that he
c. Person with the oldest title in vendee is deprived of the whole or refuses to accept them.
good faith of a part of the thing purchased. a. Only I is true
. a. Eviction b. Only II is true
b. Hidden defect c. Both are true
d. Both are false price of the following thing sold at 10. I. When the buyer's refusal to
the time and place stipulated in the accept the goods is without just
2. Except for one, the following are contract. cause the title thereto passes to
the effects of buyer's justifiable him.
refusal to accept delivery II. The very essence of a contract
a. The buyer has no obligation to of sale is the transfer of ownership II. Where goods are delivered to
return the goods to the seller in exchange for a price paid or the buyer, and he refuses to
b. It is sufficient that the buyer promised. accept them having the right to do
notifies the seller that he refuse to a. Only I is true so, he is not bound to return them
accept the goods b. Only II is true to the seller.
c. There will be legal pledge or c. Both are true a. Only I is true
pledge by operation of law d. Both are false b. Only II is true
d. If the buyer voluntarily c. Both are true
constitutes himself a depositary of 7. I. The buyer of goods is not d. Both are false
the goods he shall be liable as bound to accept delivery thereof by
such installments. QUIZ 6
3. When the buyer intimates to the II. The buyer has a reasonable 1. I. Where the buyer wrongfully
seller that he has accepted the opportunity to examine the goods neglects or refuse to pay for the
goods upon delivery to ascertain whether goods, the seller may maintain an
a. Express acceptance they are in conformity with the action against him for damages for
b. Implied acceptance contract before accepting the non acceptance.
c. Non-acceptance same. II. While labor or expense of
d. None of the above a. Only I is true material amount is necessary on
b. Only II is true the part of the seller to enable him
4. I. Should the vendee be c. Both are true (correct answer, to fulfill his obligations under the
disturbed in the possession or your response) contract of sale the buyer
ownership of the thing acquired, he d. Both are false repudiates the contract the buyer
may suspend the payment of the shall be liable to the seller for labor
price. 8. Vendee owes interest between performed or expenses made
the delivery and payment in the before receiving notice of the
II. Should the vendor have following three cases, except buyer's repudiation or
reasonable grounds to fear the a. Should it have been so countermand.
loss of immovable property sold stipulated
and its price he may immediately b. Should the thing has hidden a. Only I is true
sue for the rescission of the sale. defect b. Only II is true
a. Only I is true c. Should the thing sold and c. Both are true
b. Only II is true delivered produce fruits or income d. Both are false
c. Both are true d. Should the buyer be in default
d. Both are false 2. I. Where the ownership of goods
9. When, after the lapse of a has passes to the buyer and he
5. When the buyer does any act in reasonable time, he retains the wrongfully neglects or refuses to
relation to the goods which is goods without intimating to the pay for the goods, the seller may
inconsistent with the ownership of seller that he has rejected them maintain an action against him for
the seller the price of the goods.
a. Express acceptance a. Express acceptance II. Where the price is payable on a
b. Implied acceptance b. Implied acceptance certain day and the buyer
c. Non-acceptance c. Non-acceptance wrongfully neglects or refuses to
d. None of the above d. None of the above pay such price, the seller may
maintain an action against him for
the price although the ownership in
6. I. The vendee is bound to the goods has not passed.
accept delivery and to pay the
a. Only I is true QUIZ 7 B. When the purchaser retains
b. Only II is true for himself a part of the
c. Both are true 1. It is the right to be purchase price
d. Both are false subrogated, upon the same C. When the vendee binds
terms and conditions stipulated himself to pay the taxes on
3. Includes all chattels personal in the contract, in the place of the thing sold
but not things in action or money of
one who acquires a thing by: D. In any other case where it
legal tender in the Philippines. the
term includes growing fruits or may be fairly inferred that the
crops. A. Donation real intention of the parties is
a. Goods B. Purchase that the transaction shall secure
b. Things C. Dation in payment the payment of a debt.
c. Real property D. Any other transaction
d. Immovable property whereby ownership is 4. I. The owners of adjoining
transmitted by one route title lands shall also have the right
4. The seller may totally rescind
of redemption when a piece of
the contract of sale of goods in the 2. I. Each one of the co-owners urban land, the area of which
following cases except:
of an undivided immovable who does not exceed one hectare, is
a. The buyer has repudiated the
may have sold his share alienated, unless the grantee
contract of sale.
b. The buyer has manifested his separately, may independently does not own any urban land.
inability to perform his obligations exercise the right of repurchase II. Whenever a piece of rural
there under as regards his own share, and land which is so small and so
c. The buyer has committed a the vendee cannot compel him situated that a major portion
breach of the contract of sale to redeem thereof cannot be used for any
d. None of the above II. If the vendee should leave practical purpose within a
several heirs, the action for reasonable time, having been
5. The following are the remedies redemption be brought against bought merely for speculation,
of the buyer in case of breach of
each of them except for his own is about to be re-sold, the
warranty by the seller of goods,
share, whether the whole owner of any adjoining land has
except.
property. thing be undivided, or a right of pre-emption at a
a. Accept or keep the goods and it has been partitioned among reasonable price.
set up against the seller the breach them
of warranty by way of recoupment A. Only I is true
in diminution or extinction of the A. Only I is true B. Only II is true
price B. Only II is true C. Both are true
b. Accept or keep the goods and C. Both are true D. Both are false
maintain an action against the D. Both are false
seller for damages for the breach
of warranty 5. Is the right to be subrogated,
3. The contract shall be upon the same terms and
c. Refuse to accept the goods and
maintain an action against the presumed to be an equitable conditions stipulated in the
seller for damages for the breach mortgage, in any of the contract, in the place of one
of warranty. following cases, except: who acquires a thing by
d. None of the above . purchase or dation in payment,
A. When upon or after or by any other transaction
expiration of the right to whereby ownership is
repurchase another instrument transmitted by onerous title.
extending the period of
redemption or granting a new A. Right of repurchase
period of executed. B. Equity of redemption
C. Conventional redemption A. C may exercise his right of II. The vendor may bring his
D. Legal redemption redemption within 40 days. action against every possessor
B. C cannot exercise the right whose right is derived from the
6. I. In conventional of redemption since the sale vendee, even if in the second
redemption, if there is no period was made to a co-owner. contract, no mention should
of redemption agreed upon, it C. The deed of sale is have been made of the right to
shall last 10 years from the date unenforceable because it is repurchase.
of the contract. unauthorized. A. Only I is true
II. In conventional redemption, D. C may exercise his right of B. Only II is true
should there be an agreement, redemption by operation of law. C. Both are true
the period cannot exceed 4 D. Both are false
years. 9. It takes place when the
A. Only I is true vendor reserves the right to 16. The vendor cannot avail
B. Only II is true repurchase the thing sold with himself of the right t of
C. Both are true the obligation of returning to the repurchase without returning to
D. Both are false vendee the price of the sale, the vendee, except:
the expenses of the contract,
7. I. If several persons, jointly and the necessary and useful A. Interest
and in the same contract, expenses made on the thing B. The price of the sale
should sell an undivided sold. C. The expenses of the contract
immovable with a right of A. Right of repurchase D. The necessary and useful
repurchase, none of them may B. Equity of redemption expenses made on the thing
exercise this right for more than C. Conventional redemption sold
his respective share. D. Legal redemption.
17. A, B and C are co-owners in
II. If several persons, jointly and 13. I. Legal redemption is equal shares of one hectare
in the same contract, should intended to maximize rural land, the adjoining owners
sell an undivided immovable co-ownership. to which are D and E, the latter
with a right of repurchase, the owning the smaller area. A
vendee may demand of all the II. The rule on redemption is donated his share of the land
vendors or co-heirs that they liberally construed in favor of owned in common to X who is a
come to an agreement upon the the original owner of the rural landowner. Upon the
purchase of the whole thing property and the policy of the proper notice of the sale, B, C,
sold and should they fail to do law is to aid rather than the D, and E sought to exercise the
so the vendee cannot be exercise of his right of right of legal redemption over
compelled to consent to a redemption. the shares sold. Who shall have
partial redemption. A. Only I is true the right to do so?
A. Only I is true B. Only II is true (correct
B. Only II is true answer, your response) A. A and B are preferred to D
C. Both are true C. Both are true and E to redeem.
D. Both are false D. Both are false B. E shall have the right to
redeem because he has the
8. A, B, and C are co-owners of 14. I. The creditors of the smallest area.
an undivided parcel of land. A vendor cannot make use of the C. None of them has the right
sold his 1/3 share to B. Which right of redemption against the to redeem because the land
is correct? vendee, until after they have alienated was not by onerous
exhausted the property of the title.
vendor.
D. The first one between A and the assignment if the period has II. The assignment of a credit
B to request redemption shall not expired. excludes all the accessory
be preferred. rights, such as guaranty,
18. 6. I. In case of doubt, a II. One who sells an inheritance mortgage, pledge or
contract purporting to be a sale without enumerating the things preference.
with right to repurchase shall be of which it is composed, shall A. Only I is true
constructed as an equitable only be answerable for his B. Only Il is true
mortgage. character as an inheritance. C. Both are true
II. In case of doubt courts are A. Only I is true D. Both are false
generally inclined to construe a B. Only Il is true
transaction purporting to be a C. Both are true 6. I. Only notice to the debtor of
sale as an equitable mortgage D. Both are false the assignment of credit is
which involves a lesser required. Hs consent is not
transmission of rights and 3. Is an agreement by virtue of required.
interest over property in which the owner of a credit,
controversy. known assignor, by a legal II. The vendor in good faith
A. Only I is true cause, such as sale, dacion en shall be responsible for the
B. Only II is true pago, exchange or and without existence and legality of the
C. Both are true the consent of the debtor, credit at the time of the sale,
D. Both are false transfers his credit and unless it should have been sold
accessory rights to another, a doubtful; but not for the
QUIZ 8 known as the assignee, who solvency of the debtor, unless it
acquires the power to enforce it has been so expressly
to the same extent as the stipulated or unless the
1. I. An assignment of a credit, assignor could enforce it insolvency was prior to the sale
right or action shall produce no against the debtor. and of common knowledge.
effect as again third person, A. Only I is true
unless it appears in a public A. Barter B. Only II is true
instrument. B. Waiver of rights C. Both are true
C. Assignment of rights D. Both are false
II. A gratuitous assignment is in D. Stipulation pour autrui
essence a donation; however, it Points earned: 1 out of 1 7. One of the following is not a
need to comply with the warranty of the assignor of
formalities of a donation. 4. I. In a contract of sale, the credit
A. Only I is true object is property. A. The existence of the credit at
B. Only Il is true II. In assignment of credit, the the time of assignment
C. Both are true object is credit, incorporeal B. The legality of the credit at
D. Both are false rights or rights of action the time of the assignment
A. Only I is true unless the assignor sold it as
2. I. In case the assignor in B. Only II is true doubtful
good faith should have made C. Both are true C. If expressly stipulated or
himself responsible for the D. Both are false unless the insolvency was prior
solvency of the debtor, and the to the sale and of common
contracting parties should not 5. I. The debtor who, before knowledge, the solvency of the
have agreed upon the duration having knowledge of the debtor
of the liability, it shall last for assignment, pays his creditor D. The solvency of the debtor
one year only, from the time of shall be released from the regardless of stipulation
obligation.
8. I. The contract of sale is QUIZ 9 a. Generic goods
perfected at the moment there b. Specific goods
is a meeting upon the thing 1. A person who either has c. Indeterminate goods
which is the object of the ceased to pay his debts in the d. Quality of goods
contract and upon the price. ordinary course of business or
II. Assignment of credits and cannot pay his debts as they 5. When goods are in such a
other incorporeal rights are become due. state that the buyer would,
perfected also the moment a. Bankrupt under the contract, be bound to
there is a meeting of minds. b. Solvent take delivery of them.
A. Only I is true c. Debtor a. Deliverable state
B. Only Il is true d. Insolvent b. Perishable state
C. Both are true c. Fungible goods
D. Both are false 2. Includes all chattels personal d. Non-fungible goods
but not things in action or
9. When a credit or other money of legal tender in the
incorporeal right in litigation is Philippines.
sold, the debtor shall have a a. Things
right to extinguish it by b. Fungible goods
reimbursing the assignee for c. Goods
A. the price d. Consumable goods
B. the judicial costs Points earned: 1 out of 1
C. the interest on the price from
the day on which the same was 3. 1. Includes any bill of lading,
paid dock warrant, "quedan," or
D. All of the above warehouse receipt or order for
the delivery of goods, or any
10. I. In a contract of sale, it other document used in the
need not appear in a public ordinary course of business in
instrument to affect third the sale or transfer of goods, as
person. proof of the possession or
control of the goods, or
II. In assignment of credit, it authorizing or purporting to
must appear in a public authorize the possessor of the
instrument to produce effect as document to transfer or receive,
against third person. In case either by endorsement or by
the assignment involves re delivery, goods represented by
property, the instrument is such document.
recoded in the Registry of a. Document of title of goods
Property. b. Document of negotiable
instrument
A. Only I is true B. c. Document of title of things
B. Only Il is true d. Document of non-negotiable
C. Both are true instrument
D. Both are false 4.______ made means goods
identified and agreed upon at
the time a contract of sale is

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LAW ON OBLIGATION AND CONTRACTS

QUIZ 1 binding and enforceable contract • False

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