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100 Questions for Law on Sales
1. I. A contract of sale is a consensual contract,
thus, is perfected by delivery
II. A contract of sale is perfected by the meeting
of the offer and the acceptance upon the thing
and the cause which are to constitute the
contract
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
2. One of the contracting parties obligates
himself to transfer the ownership of, and to
deliver, a determinate thing, and the other to pay
therefor a price certain in money or its
equivalent
A. Barter
B. Sales
C. Partnership
D. Agency
3. S sold his only cat to B. Before delivery and
payment, the cat gave birth to a kitten
A. B should pay the fair market value of the
kitten
B. S is entitled to the fruit as he is the owner
C. B is entitled to the kitten which was born
after the perfection of the sale
D. S is entitled to the fruit because it was born
before the delivery
4. The essential elements of a contract of sale
are the following, except:
A. Consent or meeting of mindss
B. Determinate subject matter
C. Written contract
D. Price certain in money or its equivalent
5. The stages of a contract of sale are the
following, except:
A. Negotiation
B. Counter-offer
C. Perfection
D. Consummation
6. I. The object of every contract must be
determinate as to its kind
II. The fact that the quantity in contract of sale is
not determinate shall not be an obstacle to the
existence of the contract, provided it is possible
to determine the same, without the need of a
new contract between the parties
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
7. I. A orally sold to B a parcel of land for
P300,000. Delivery and payment were to be
made after six months. When the said date
arrived, A refused to deliver the land. Can B
compel A to deliver?
A. Yes, because the sale has been perfected
B. Yes, because there was an agreement
C. No, because the sale altough valid is
unenforceable
D. No, because the sale is void
8. S offered in writing to sell his house and lot
for P1,000,000 to B on January 20, 2018, S
informed B that he has raised the price to
P1,200,000. Can B compel S to accept the
payment of P1,000,000 for the sale of the house
and lot?
A. No because the seller can unilaterally fix the
selling price
B. Yes, because the original offer is binding on
S
C. No, because there is as yet no perfected
sale
D. Yes, because of the principle of mutuality of
contract
9. I. Sale itself does not transfer or affect
ownership; the most that sale does is to create
the obligation to transfer ownership
II. The perfection of contract of sale should not,
however, be confused with its consummation. In
relation to the acquisition and transfer of
ownership, it should be noted that sale is not a
mode but merely a title.
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
10. Is manifersted by the meeting of the offer
and the acceptance upon the thing and the cause
which are to constitute the agreement?
is required for its validity.
II. A contract of sale is normally commutative
but not onerous
A. Determinate subject matter
B. Consent
C. Policitacion
D. Price certain in money or its equivalent
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
11. I. A contract to sell may not be considered as
a contract of sale because the second essential
element is lacking
II. In contract to sell, what the seller agrees or
obliges himself to do is to fulfill his promise to
sell the subject property when the entire amount
of the purchase orice is delivered to him
15. What is the test in determining whether it is
a contract “contract of sale or a mere option?”
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
12. Is a continuing offer or contract by which the
owner stipulates with another that the latter shall
have the right to buy the property at a fixed
price within a certain time, or under, or in
compliance with, certain terms and conditions,
or which gives to the owner of the property the
right to sell or demand a sale?
A. Option
B. Earnest
C. Absolute
D. Conditional
13. I. Fixing the price can never be left to the
decision of one of the contracting parties. But a
price fixed by one of the contracting parties , if
accepted by the other, gives rise to a perfected
sale
II. The parties need not agree on the manner of
payment of the price of the property to give rise
to a binding and enforceable contract of sale or
contract to sell
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
14. I. A contract of sale is classified as a
consensual contract, which means that the sale is
perfected by mere consent. A private instrument
A. Whether or not the agreement is valid
B. Whether or not the agreement could be
specifically enforced
C. Whether or not the agreement is not
rescissible
D. Whether or not the agreement is covered by
Statute of Frauds
16. A special mode of payment where the debtor
offers another thing to the creditor who accepts
it as equivalent of payment of an outstanding
debt
A. Application of payment
B. Cession in payment
C. Dation in payment
D. Tender of payment and consignation
17. It shall be considered as part of the price and
as proof of the perfection of the contract
A. Option money
B. Initial payment
C. Downpayment
D. Earnest money
18. Until acceptance, it is not, properly
speaking, a contract, and does not vest, transfer,
or agree to transfer, any title to, or any interest
or right in the subject matter, but it is merely a
contract by which the owner of property gives
the optionee the right or privilege of accepting
the offer and buying the property on certain
terms
A. Option
B. Earnest
C. Absolute
D. Conditional
19. I. A contract for a piece of work, labor and
materials may be distinguished from a contract
of sale by the inquiry as to whether the thing
transferred is one not in existence and which
would never have existed but for the order of the
person desiring it. In such case, the contract is
one for a piece of work, not a sale.
II. If the thing subject of the contract would
have existed and been the subject of a sale to
some other person even if the order had not been
given, then the contract is one of sale
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
20. Sale of a mere hope or expectancy that the
thing will come to existence
A. Emptio rei speratae
B. Emptio spei
C. Sale of a future thing
D. Unenforceable sale
21. I. There may be a contract of sale of goods,
whose acquisition by the seller depends upon a
contingency which may or may not happen.
II. The sole owner of a thing may sell an
undivided interest therein
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
22. In order that there be a valid dation in
payment, the following are the requisities,
except:
A. There must be the performance of the
prestation in lieu of payment which may consists
in the delivery of a corporeal thing or a real right
or a credit against the third person
B. There must be some difference between the
prestation due and that which is given in
substitution
C. There must be an agreement between the
creditor and debtor that the obligation is
immediately extinguised by reason of the
performance of a prestation different from that
due
D. There must be performance of the
obligation which is based on the liberality of
the first party
23. I. In contract of sale, the buyer receives the
goods as owner.
II. In agency to sell, the agent receives the goods
as goods of the principal who retains his
ownership over them
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
24. I. In dation in payment, the undertaking
really partakes in one sense of the nature of
barter
II. The thing must be licit and the vendor must
have a right to transfer the ownership thereof at
the time of perfection
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
25. Sale of a thing with potential existence
A. Emptio rei speratae
B. Emptio spei
C. Sale of a present thing
D. Void sale
26. I. Things having a potential existence may
be the object of the contract of sale
II. The sale of a vain hope or expectancy is
voidable
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
27. I. In case of fungible goods, there may be a
sale of an undivided share of a specific mass,
though the seller purports to sell and the buyer
to buy a definite number, weight or measure of
the goods in the mas, and though the number,
weight or measure of the goods in the mass is
undetermined
II. Things subject to a resolutory condition may
be the object of the contract of sale
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
into the price such that a disagreement on the
manner of payment is tantamount to a failure to
agree on the price
28. The requisites of a valid price are the
following, except:
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
A. It is not stimulated
B. It is certain
C. In money or an equivalent thing
D. Manner of payment must be agreed upon
29. I. The mere inadequacy of the price does not
affect its validity when both parties are in a
position to form an independent judgement
concerning the transaction
II. Mere alleged inadequacy of the price does
not necessarily void a contract of sale, although
the inadequacy may indicate that there was a
defect in the consent, or that the parties really
intended a donation, mortgage, or some other act
or contract
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
30. I. If the thing is specially done at the order of
another, this is a contract of sale
II. If the thing is manufactured or procured for
the general market in the ordinary course of
one’s business, it is a contract piece of work
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
31. I. It is the act of payment of price that
determines the validity of a contract of sale
II. Payment of the price affects the perfection of
the contract
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
32. I. The manner of payment of the purchase
price is an essential element before a valid and
binding contract of sale can exist
II. Agreement on the manner of payment goes
33. It is a bilateral contract whereby the
prospective seller, while expressly reserving the
ownership of the subject property despite
delivery thereof to the prospective buyer, binds
himself to sell the said property exclusively to
the prospective buyer upon fulfillment of the
condition agreed upon, that is, full payment of
the pruchase price
A. Absolute sale
B. Conditional sale
C. Contract to sell
D. Agency to sell
34. A contract by virtue of which X, in
consideration of the payment of a certain sum to
Y, acquires the privilege of buying from, to
selling to, Y certain properties within a limited
time at a specified price.
A. Contract of sale
B. Contract to sell
C. Option contract
D. Conditional sale
35. I. In contrqact of sale, the non-payment of
the price is a suspensive condition which
extinguishes the transaction that, for a time
existed, and discharges the obligations created
thereunder
II. The ownership of the thing sold shall not be
transferred to the vendee upon the actual or
constructive delivery thereof
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
36. I. The parties in a contract of sale may
stipulate that ownership in the thing shall not
pass to the purchaser until he has fully paid the
price
II. Payment of the purchase price is essential to
the transfer of ownership as long as the property
sold has been delivered
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
37. I. If the thing or any part thereof has been
delivered to and appropriated by the buyer, he
must pay based on the market value
II. In general, a perfected contract of sale can be
challenged on the ground of the seller’s nonownership of the thing sold at the time of the
perfection of the contract
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
38. When a small quantity is exhibited by the
seller as a fair specimen of the bulk, which is not
present, and there is no opportunity to inspect or
examine the same
A. Sale or return
B. Sale on approval
C. Sale by sample
D. Sale by description
39. I. The price of securities, gain, liquids, and
other things shall also be considered certain,
when the price fixed is that which the thing sold
would have on a definite day, or in a particular
exchange or market, or when an amount is fixed
above or below the price on such day, or in such
exchange or market, provided said amount be
certain
II. The fixing of the price can be left to the
discretion of one of the contracting parties
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
40. A deposit oaid by a prospective buyer to
show a good faith intention to complete the
transaction, and ordinarily forfeited if the buyer
defaults
A. Option money
B. Earnest money
C. Consideration
D. Bid price
41. I. Whether a sale is by sample or description
depends upon the facts disclosing the intention
of the parties
II. A seller’s description of the goods which is
made part of the basis of the transaction creates
a warranty that the goods will conform to that
description
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
42. A deposit paid by a prospective buyer to
show a good faith intention to complete the
transaction, and ordinarilu forfeited if the buyer
defaults
A. Option money
B. Earnest money
C. Consideration
D. Bid price
43. Wjere a seller sells things as being of a
particular kind, the buyer not knowing whether
the seller’s representations are true or false, but
relying on them as true; or as otherwise stated,
where the buyer has not seen the article sold and
relies on the description given to him by the
seller, or has seen the goods, but the want of
identity is not apparent on inspection
A. Sale or return
B. Sale on approval
C. Sale by sample
D. Sale by description
44. I. There must be first be a perfected contract
of sale before we can speak of earnest money
II. Earnest money applies to a perfected sale
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
45. Under the Statute of Frauds, the following
contract of sale must be in writing to be
enforceable, except:
A. Sale of real property
B. Sale of personal property at a price not less
than P500
C. Sale of property not to be performed within a
year from the date thereof
D. Sale of an interest in a partnership
46. In a contract of sale of personal property, the
price of which is payable in installments, the
vendor may exercise any of the following
remedies, except:
A. Exact fulfillment of the obligation, should the
vendee fial to pay
B. Cancel the sale, should the vendee’s failure
to pay cover any installment
C. Cancel the sale, should the vendee’s failure to
pay cover two or more installments
D. Foreclose the chattel mortgage on the thing
sold, if one has been constituted should the
vendee’s failure to pay cover two or more
installments
47. I. The expenses for the execution and
registration of the sale shall be borne by the
vendor, unless there is a stipulation to the
contrary
II. The seller of movables in installments, in
case the buyer fails to pay two or more
installments may elect to pursue either of the
following remedies: (1) exact fulfillment by the
purchaser of the obligation; (2) cancel the sale;
(3) foreclose the mortgage on the purchased
property if one was constituted thereon. It is
now settled that the said remedies are
cumulative and not alternative
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
48. S sells to B at P50 per liter 200 liters of
gasoline stored in his truck tank, which is
unknown to the parties contains 500 liters. What
is the status of the contract of sale between S
and B?
A. The sale is void because the quantity
available is more than the quantity sold
B. The sale is valid up to 500 liters of gasoline.
B must pay for the additional 300 liters
C. The sale is valid up to 200 liters of gasoline.
B becomes the owner od 2/5 of the whole stock,
while S becomes the owner of 3/5 thereof
D. The sale isrescissble because S will suffer
lesion of more than 1/4 of the value of the whole
stock
49. A offered for sale to B 20 cavans of XYZ
rice and fixed the price per cavan at P100 over
the price offered at W’s store in La Trinidad
Public Market. The price is:
A. Not certain because the price at La Trinidad
Public Market is not stated
B. Certain because it has reference to another
thing which is certain
C. Certain because there is a price ceiling for
price of rice
D. Not certain so the court may fix the price
50. One of the following is not included as an
example of relative incapacity
A. Husband and wife
B. The guardian, the property of the person or
persons who may be under his guardianship
C. Deaf-mutes who do not know how to write
D. Agents, the property whose administration
or sale may have been entrusted to them
51. One of the following is not included in
absolute incapacity
A. Minor
B. Insane
C. The guardian, the property of the person
or persons who may be under his
guardianship
D. Demented persons
52. These covers everything indispensable for
sustenance,
dwelling,
clothing,
medical
attendance, education and transportation
A. Necessary expenses
B. Useful expenses
C. Expenses of preservation
D. Necessaries
53. The following are the obligations of the
vendor, except:
A. To transfer the ownership of the thing sold
at the time of meeting of the minds
B. To deliver the thing
C. To warrant the object sold against eviction
and hidden defects
D. To take care of the object sold pending
delivery
54. S sold to a in a deed of sale his parcel of
land, afterwards, S sold the same kand to B in
another deed of sale who was aware of the sale
to A. B, thereafter, took possession thereof and
registered the sale in his name. The parcel of
land shall belong to:
A. A, because he has the oldest title
B. B, because the sale to him was in deed of sale
C. B, because he was the first possessor of the
land
D. B, because he first registered the sale in his
favor
55. I. Ownership does not pass by mere
stipulation but only by delivery
II. The purpose of delivery is not only for the
enjoyment of the thing but also a mode of
acquiring dominion and determines the
transmission of ownership, the birth of real right
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
56. S sold his only car with plate number
XYZ123 to B. There was no fixed date for the
performance of their respective obligations. The
obligation of S as vendor is:
A. To wait for the buyer to pay the price
before he delivers
B. To deliver the car within a reasonable time
C. To deliver the car after one month
D. To pay for damages if the car was not
delivered within one month
57. It is an act by which one party parts with the
title to and the possession fo the property, and
the other acquires the right to and the possession
of the same
A. Delivery
B. Contract of sale
C. Eviction
D. Contract to sell
58. S sold a parcel of land to B. Subsequently, S
sold the same land to C who immediately took
possession of the land. In this case, the proper
remedy of B is:
A. Ask for the rescission of the sale because it is
in fraud of creditors
B. Institute an action for damages against S
for breach of contract
C. File an action for rescission of sale to C due
to damage suffered by him
D. File an action in court against C to recover
the land
59. It occurs when it is placed under the control
and possession of the vendee.
A. Actual delivery
B. Constructive delivery
C. Delivery by operation of law
D. Other kinds of delivery as intended by the
parties
60. The following are the exceptions to the
general rule that ownership of the thing sold is
acquired only upon its delivery to the buyer,
except:
A. When the seller and the buyer agree that the
ownership shall remain with the seller until the
full payment of the purchase price
B. Contract to sell
C. Sale or return
D. Implied reservation of ownership
61. I. Payment of the purchase price is essential
to the transfer of ownership as long as the
property sold has been delivered
II. The ownership of the thing sold is acquired
by the vendee from the moment it is delivered to
him
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
62. A seller sold to a buyer a specific parcel of
land at a price of P1,000,000. The contract
provides that the buyer will pay the seller cash
P400,000 and deliver the buyer’s car worth
P600,000. The contract is:
A. Barter
B. Sale
C. Contract to sell
D. Mutuum
A. Legal formalities
B. Symbolical tradition
C. Traditio brevi manu
D. Traditio longa manu
63. It is a delivery by operation of law
69. This occurs when would be buyer had
already the possession of the object even before
the contract of sale by virtue of another title
which is not ownership (like a lessee in a
Contract of Lease), and pursuant to a contract of
sale, he would now hold possession in the
concept of an owner (like a buyer of a house
where he was a former lessee of the same
house).
A. Real delivery
B. Actual delivery
C. Legal delivery
D. Quasi-traditio
64. Quasi-delivery is the delivery of rights,
credits, or incorporeal property which is made
by:
A. Execution of public instrument
B. Placing of titles of ownership in the hands of
the buyer
C. Allowing buyer to make use of rights
D. Issuance of delivery receipt
65. When the sale is made through a public
instrument
A. Legal formalities
B. Symbolical tradition
C. Traditio simbolica
D. Traditio longa manu
66. A delivers B his parcel of land worth
P1,000,000 in exchange for the car of B worth
P500,000 and cash in the amount of P500,000.
The contract iss:
A. Legal formalities
B. Symbolical tradition
C. Traditio brevi manu
D. Traditio longa manu
70. On January 2, 2018 S sold to B his only car
with the payment to be made on January 10,
2018. However, on January 6, 2018, S sold the
same car to C who immediately took possession
thereof. Decide:
A. B can file an action to rescind the sale
B. B may recover the car from C because the
former was the first buyer
C. B may claim damages from S for breach of
contract of sale
D. B can file an action to annul the sale
71. This is opposite of constitutum possessorium
A. Barter
B. Sale
C. Partly barter partly sale
D. Innominate contract
A. Legal formalities
B. Symbolical tradition
C. Traditio brevi manu
D. Traditio longa manu
67. The parties use a symbol to represent the
thing delivered
72. The delivery consists in the owner’s
continuous possession of the property he had
already sold to another person but his present
possession is no longer of an owner but under
another capacity, like that of a lessee.
A. Legal formalities
B. Symbolical tradition
C. Traditio brevi manu
D. Traditio longa manu
68. The delivery is by mere consent or
agreement of the contracting parties, where the
seller points out to the buyer the object of sale
without the need of actually delivering it.
A. Legal formalities
B. Symbolical tradition
C. Traditio brevi manu
D. Traditio constitutum possessorium
73. S sold his land to B who began to possess it.
Later, C, a stranger sold the same land to D, who
registered the sale and thus, obtained the title in
his name
C. The use by the vendee of his rights, with the
vendor’s consent
D. Execution of official receipt
A. D is the owner for he was the first registrant
in good faith
B. B is the owner because the owner is his
seller
C. S remains to be the owner
D. S is still the owner because B did not register
the sale
78. I. In a sale or return, the ownership passes to
to the buyer on meeting of the minds
II. In a sale or return, the buyer may revest the
ownership in the seller bby returning or
tendering the goods within the time fixed in the
contract
74. This is the opposite of traditio brevi manu
A. Legal formalities
B. Symbolical tradition
C. Traditio brevi manu
D. Traditio constitutum possessorium
75. I. A person who does not have actual
possession of the thing sold cannot transfer
constructive possession by the execution and
delivery of a public instrument
II. As a general rule,the execution of a public
instrument amount to a constructive delivery of
the thing subject of a contract of sale
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
76. Legal or constructive delivery may be had
through any of the following ways, except:
A. The execution of a public instrument
evidencing the sale
B. Symbolical tradition such as the delivery of
the keys of the place
C. Traditio longa manu or by mere consent or
agreement if the movable sold cannot yet be
transferred to the possession of the buyer at the
time of the sale
D. Traditio possessorium if the buyer already
had possession of the object even before the
sale
77. The following are modes of delivery of
incorporeal property, except:
A. Execution of public instrument
B. The placing of the titles of ownership in the
possession of the vendee
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
79. Also called “Sale on Acceptance”
A. Sale on approval
B. Sale or return
C. Sale by sample
D. Sale by description
80. There is no transfer of ownership
notwithstanding the delivery of the goods
A. Sale or return
B. Sale on trial
C. Sale by sample
D. Sale by description
81. I. In sale on trial, the risk of loss rests upon
the buyer
II. In sale or return, the risk of loss remains with
the seller
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
82. I. In sale on trial, it depends entirely on the
will of the buyer
II. In sale or return, it depends on the quality of
the goods
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
83. A sold his land to B. Later, A sold the same
land to C. B in turn, sold the same land to D,
who took possession of the land in good faith.
C, a purchaser in good faith, registered the sale
in his favor. Decide:
A. B is the owner of the land because he was the
first buyer
B. C is the owner of the land having
registered the sale in good faith
C. D is the owner of land
D. D is the owner because he is in good faith
II. The thing is sold can only be understood as
delivered to the buyer when it is placed in the
buyer’s control and possession at the agreed
place of delivery
A. Only I is true
B. Only II is true
C. Both are true
D. Both are false
84. The following are examples of document of
title to goods, except:
89. Under the following circumstances, the
unpaid seller has possessory lien, except:
A. Negotiable instrument
B. Bill of lading
C. Dock warrant
D. Warehouse receipt
A. Where the goods have been sold without any
stipulation as to 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
85. The following are the place of delivery,
except;
A. The place of delivery agreed upon
B. If there is no agreement and usage of trade
C. If there is no agreement and usage of trade, it
is the seller’s place of business if he has one,
and if not his, residence
D. If there is no agreement and usage of
trade, it is the buyer’s place of business if he
has one, and if not, his residence
86. Who pays for the expenses of putting the
goods into a deliverable state?
A. Seller
B. Buyer
C. None of the above
D. All of the above
87. The following are the warranties on the
negotiation of a document of title, except:
A. That the document is genuine
B. That he has a legal right to negotiate or
transfer it
C. That he has knowledge of no fact which
would impair the validity or worth of the
document
D. That he has a right to transfer the
possession but not title to the goods
88. I. A stipulation designating the place and
manner of delivery is controlling on the
contracting parties
90. 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 of them
C. A right to resale
D. A right to annul the sale
91. An unpaid seller having a right of lien or
having stopped the goods in transitu may resell
the goods in one of the following cases, except:
A. Goods are not of perishable nature
B. The seller expressly reserves the right of
resale in case the buyer should make default
C. The buyer has been in default in the payment
of the price for a reasonable time
D. None of the above
92. A bought a pair of shoes from a store. The
shoes did not belong to the store but a customer
who had left the same for repair. Did A acquire
good title to the shoes?
A. No, because A bought it by mistake
B. Yes, because it was bought from a store in
good faith and for value
C. No, because the seller is not the owner
D. Yes, because the store was authorized to sell
93. The requisites of a double sale are the
following, except:
A. Two or more valid contract of sale
B. Two or more buyers who are at odds over the
rightful ownership of the object must represent
conflicting interests
C. They must pertain exactly to the same object
D. They must be bought from different seller
94. The following are the rules of preference in
case of double sale in case of immovable
property, except:
A. First registrant in good faith
B. First possessor in good faith
C. Person with the oldest title in good faith
D. Person with the oldest transfer certificate
of title in good faith
95. It is any affirmation of fact or any promise
by the seller relating to the thing if the natural
tendency of such affirmation or promise is to
induce the buyer to purchase the same, and if the
buyer purchases the thing relying thereon?
A. Express warranty
B. Implied warranty
C. Condition
D. None of the above
96. Is a statement or representation made by the
seller of goods, contemporaneously and as part
of the contract of sale, having reference to the
character, quality or title of the goods, and by
which he promises or undertakes to insure that
certain facts are or shall be as he then represents
them?
A. Condition
B. Warranty
C. Exaggerations in trade
D. Expression of opinion
97. Is that which the law derives by application
or inference from the nature of the transaction or
the relative situation or cirumstances of the
parties, irrespective of any intention of the seller
to create it?
A. Express warranty
B. Implied warranty
C. Condition
D. None of the above
98. The prescriptive period for instituting
actions based on a breach of express warranty is
that specified in the contract, and in the absence
of such period, the general rule on rescission of
contract, which is:
A. 4 years
B. 5 years
C. 6 years
D. 10 years
99. As for actions based on breach of implied
warranty, the prescriptive period is, warranty
against hidden defects and warranty against
eviction:
A. 4 months from the date of perfection
B. 4 months from the date of delivery
C. 6 months from the date of perfection
D. 6 months from the date of delivery
100. It shall take place whenever by a final
judgement based on a right prior to the sale or
an act imputable to the vendor, the vendee is
deprived of the whole or of a part of the thing
purchased?
A. Eviction
B. Hidden defect
C. Redhibitory defect
D. All of the above
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