FALSE – Warranty against
eviction is inherent in a
contract of sale; hence, it is an
essential element thereof.
2. FALSE – Dacion en pago
partakes of the nature of a
sale; hence, there is more
freedom in fixing the price of
the thing conveyed.
3. FALSE – A contract for a
piece of work must comply
with the Statute of Frauds.
Accordingly, it must be in
writing to be enforceable if
the price is P500.00 or more.
4. FALSE – A sale contract
requires the delivery of the
thing sold for is perfection
5. TRUE – If the consideration
received for a thing is another
thing and a monetary
consideration
and
the
intention of the parties does
not clearly appear, the
contract will be considered a
contract of barter if the value
of the property considered is
greater than the monetary
consideration.
6. TRUE – In a contract to sell,
the full payment of the price is
a suspensive condition which
upon fulfilment will require
the execution of a contract of
sale.
7. TRUE – It is not necessary
that the vendor of a thing must
be the owner thereof at the
time of sale as long as he can
transfer its ownership to the
buyer upon delivery
8. TRUE – The sale of hope or
expectancy is valid even if the
thing hoped for does not come
into existence.
9. TRUE – If the sale of a piece
of land is made through an
agent, the authority of the
agent must be in writing for
the sale to be valid
10. TRUE – In a sale by auction,
any bidder may retract his bid
before the sale is perfected
1.
11. TRUE – If the “by-bidder” or
“puffer” is employed by a
seller without notice in sale by
auction, the sale may be
treated as fraudulent by the
buyer
12. FALSE – The ownership of
the thing sold is transferred
upon the perfection of the
contract of sale
13. TRUE – A unilateral promise
to buy or sell a determinate
thing at a certain price is
binding upon the promissor if
the promise is supported by a
consideration distinct from
the price
14. TRUE – Earnest money is part
of the purchase price of a
thing; hence, deductible from
the total selling price.
15. TRUE – In sale of personal
property
payable
in
instalments, the seller may
exact fulfilment of the buyer’s
obligation when the buyer
defaults in the payment of one
or more installments
16. TRUE – In sale of real
property where the buyer has
defaulted after paying at least
2 years instalments, he shall
be entitled to pay, without
additional interest, the unpaid
instalments due within the
grace period earned by him
17. FALSE – The purchase by a
guardian of the property of the
person under his guardianship
is valid
18. TRUE – The buyer shall be
entitled to the fruits of the
thing sold from the time of the
perfection of the contract
19. TRUE – The delivery of
incorporeal property may be
made through the exercise by
the vendee of his rights with
the consent of the vendor
20. FALSE – If goods are sold on
“sale or return”, the risk of
loss of the thing sold remains
with the seller after its
delivery to the buyer
21. FALSE – In “sale on
approval”, the buyer becomes
the owner of the thing upon
delivery, but may revert such
ownership to the seller by
returning it
22. TRUE – The delivery of
specific goods to a carrier or
other bailee for the purpose of
transmission to the buyer
generally transfers ownership
of the goods to the buyer
23. TRUE – When a thing is
purchased from a merchant’s
store, fair or market, the buyer
acquires title to the thing
although the seller may have
stolen it or acquired it from a
thief
24. TRUE – A warehouse receipt
is also contract between the
warehouseman
and
the
depositor of the goods
25. TRUE – A bearer document
of title becomes an order
document of title if it is
specially endorsed
26. TRUE – The delivery of an
order document of title
without any endorsement does
not constitute negotiation
27. FALSE – A negotiation
document of title becomes
non-negotiable if it is stamped
with
the
mark
“nonnegotiable”
28. TRUE – If the goods sold are
in the possession of a third
person, the seller is deemed to
have delivered the goods to
the buyer if the third person
acknowledges to the buyer
that he holds the goods in the
buyer’s behalf
29. TRUE – If a period has been
fixed for the payment of the
price which has not yet
arrived, the seller in the
meantime is bound to deliver
the thing sold
30. FALSE – An unpaid seller
exercising his right to resell
the goods may buy the goods
either directly or indirectly
31. TRUE – When an unpaid
seller exercises his right of
stoppage in transitu, the
contract of carriage ceases,
the carrier becoming liable as
a depositary
32. TRUE – If real estate is sold
for a lump sum, the vendor is
bound to deliver all that is
included
within
the
boundaries stated in the
contract although the actual
area is greater than that stated
in the contract
33. FALSE – If the same
immovable is sold to two or
more persons who are all in
good faith, ownership shall
belong to the buyer who first
paid its price
34. FALSE – In order that the
buyer may enforced the
seller’s liability for breach of
warranty against eviction, the
judgment depriving the buyer
of the thing must first be
appealed by the buyer
35. TRUE – The vendor’s liability
for breach of warranty against
eviction may be validly
waived by the vendee.
However, the vendor will still
be liable if the waiver was
made by the vendee without
knowledge of the risks of
eviction
36. TRUE – As a rule, the vendor
shall not be liable for a nonapparent easement that is
recorded in the Registry of
Property
37. TRUE – The vendor shall be
liable generally for any defect
on the thing sold even if he
was not aware thereof
38. TRUE – When animals are
sold as a pair, the vendee may
ask for the rescission of the
sale of both animals although
only one of them suffers from
a redhibitory defect
39. FALSE – The sale of animals
suffering from contagious
diseases is voidable
40. TRUE – There is no warranty
against defects of animals sold
at fairs or at public auctions,
or of animals sold as
condemned
41. FALSE – Acceptance of the
goods by the buyer generally
discharges the seller from his
liability for any breach of
warranty
42. FALSE – If the buyer is
justified in refusing to accept
the goods, he shall be obliged
to hold the goods as
depositary
43. TRUE – The buyer is obliged
to pay interest on the price of
the goods for the period
between the delivery of the
goods and the payment of the
price if the thing sold
produces fruits or income
44. FALSE – The buyer may
suspend the payment of the
price of the thing purchased
by reason of trespass on the
thing
45. FALSE – A stipulation that
the sale of an immovable is
automatically rescinded upon
the default of the buyer in the
payment of the price is valid
46. FALSE – In conventional
redemption, the creditors of
the vendor may make use of
the right to redemption against
the vendee although they have
not exhausted the properties
of the vendor
47. TRUE – In case of doubt, a
contract purporting to be a
sale with a right to repurchase
shall be construed as an
equitable mortgage
48. FALSE – For an assignment
of credit to be binding against
third persons if a movable
property is involved, the same
must be in a public instrument
and recorded in the Registry
of Property
49. TRUE – A debtor who has
paid his creditor before he
learns of the assignment of his
debt shall be released from his
liability to the assignee
50. FALSE – The debtor’s
consent is required for the
validity of the assignment of
the credit made by his creditor
to another person