SALES 1. Which of the following characteristic of sale? a. Bilateral b. Gratuitous c. Consensual d. Nominate is not a 2. A characteristic of a Contract of Sale which involves exchange of value a. Commutative b. Nominate c. Bilateral d. Consensual 3. Dacion en Pago as distinguished from sale a. The object is always existing and specific. b. There is greater freedom in fixing the price. c. There is no pre-existing obligation. d. The cause is the price. 4. Sale is distinguished from dation in payment in that is a sale: a. There is a pre-existing obligation or credit. b. The cause is a price. c. It is a mode of existing an obligation in the form of payment. d. Answer is not given. 5. Ababao and Bancaso entered into a “ Contract to sell “ in private writing involving a specific parcel of land worth P2M. Bancaso paid 50% of the purchase price, balance payable in 3 years. Ababao delivered the land to Bancaso. What is the effect of the delivery of tha land to bancaso? a. Bancaso is the owner because there was delivery already. b. Bancaso can compel Ababao to execute a deed of sale in public instrument. c. The partial payment made Bancaso the owner of the land. d. Ababao is still the owner because the price is not yet totally paid. 6. Which is an exception? A sale is a contract where one of the contracting parties, called the seller (or vendor), Obligates himself: a. The transfer ownership of the object. b. The deliver a determinate thing. c. To warrant against eviction and hidden defects. d. To pay therefor a price certain in money or its equivalent. 7. Mimmodto entered the Sugbo Restaurant and ordered a dozen fresh oyster in their shell. While eating, Mimmodto noticed an almost perfect pearl in one of the shells. He is about to take it when Maliksi, the restaurant owner, claims the pearl. To whom does the pearl belong? a. To Mimmodto because the contract of sale was already perfected. b. To Maliksi, because Mimodto has not yet paid the food he ordered. c. To the state because the pearl is considered as a national treasure. d. To both Mimdoto and Maliksi, each of them being entitled to half of its price. c. Yes, it is sufficient that he be the owner at the time he is to deliver the object. d. Yes, it is valid until annulled. 9. Which of the following may not be object of a contract of sale? a. Things having potential existence. b. The sale of vain hope or expectancy. c. Future goods. d. Answers not given 10. There is not be a valid object of sale a. Future wool that shall grow upon a sheep. b. Sale of human flesh for human pleasure. c. The entire rental next month in a 4door apartment. d. Sale of a lotto ticket that will be drawn next week. 11. If the seller is not the owner, the sale is null and void. Which is not an exception? a. When the sale of the goods is by his conduct precluded from denying the seller’s authority. b. Where the goods were sold in a merchant’s store, or in fairs, or markets. c. When the seller subsequently acquires title. d. When the buyer acquires the property without knowledge of the bad faith of the seller. 12. Mr. Marcial Bonifacio orders of his workers 1,000 pieces of t-shirts ranging in size from small to large from the Magellan Garments Mfg. Corp. The specified sizes, although not then available, are manufactured by said corporation and consigned to it sales outlets regularly. The contract entered into by Mr. Bonifacio with the Magellan Garments Mfg, Corp is an a. Contract for a piece of work. b. Contract subject to resolutory condition. c. A contract of sale. d. Answers not given. 13. Aldaba delivers to Baduria a photocopying machine worth P 50,000 and cash amounting to P 50,000. The contract is a – a. Sale b. Barter c. Partly barter and partly sale d. Innominate 14. Abion sold the Bagamasbad a piece of jewelry at a price of P 20,000. The contract provides that the Bagamasbad will give the Abion a microwave oven worth P 5,000. What is the nature of the contract? a. Sale b. Partly sale partly barter c. Barter d. Commodatum 15. Connie transferred to Violeta a parcel of land for a price of P 100,000; P 30,000 to be paid in cash and for the difference, she will convey her car worth P 70,000. What kind of contract is this? a. Lease contract b. Contract of sale 8. Silva sold to Bien a land, which os owned by Canuto. Is the sale valid? a. No, because Silva does nt have the right to sells things which he does not own. b. No, he should first acquire the title legally from Canuto before he can sell it to Bien. c. Obligation of sale d. Barter 16. Shaolo and to Balo his land worth P 2,000,000 for P 1,500,000 only, thus resulting to inadequate price. The sale is: a. Rescissible b. Voidable c. Unenforceable d. Void 17. Sawana offered his car to Bacopa with understanding that the price shall be at the descrition of Bacopa. As agreed upon, Bacopa fixed the price at P 350,000 although its fair market value was P 250,000 only. It is clear therefore that the price fixed is beneficial to Sawana. Before acceptance of the price by Sawana, is there already a sale? a. No perfected sale as there was no consent on the price. b. There was a perfected sale, the amount was already fixed by the buyer and will surely be accepted by the seller. c. Yes because the fixing of the price by Bacopa is properly authorized by Sawana. d. Yes but it is voidable due to mistake committed by Bacopa in the fixing of the price. 18. Solera sold and delivered her diamond ring to Ballesteros. It was agreed upon that within 10 days Ballesteros will state and fix the price. On the 10th day, Ballesteros called upon by telephone Solera and stated the price at P 20,000 while Solera agreed. Is the sale perfected? a. No, at the time of sale the price was not fixed. b. Yes, at the time of the sale the price was already known. c. Yes, the price as stated and fixed by the buyer was accepted by the seller. d. No, the price was left to the discretion of one of the parties. 19. Sotto sells to Buena his 1988 Cougar car, and leaves Buena to determine the price. Buena refuses to fix the price but took the car for his use. Which of the following statements is correct? a. No sale because the price is not fixed by the parties. b. There is a sale, Buena must pay a reasonable price. c. No sale until a third person fixed the price. d. Sotto may go to a court and ask for damages. 20. A case where a contract of sale must not necessarily be in writing a. Sale of 100 piculs of sugar at P 400 per picul when there is partial delivery. b. Sale where by its term cannot be performed within one year from the making thereof. c. Sale of land. d. Sale of public auction. 21. Which is not correct? In a sale by auction a. The auctioneer may withdraw the goods before the hammer falls whether or not the auction has been announced to be without recourse. b. The sale is perfected when auctioneer announces its perfection by the fall of the hammer. c. The seller may bid provided such right was reserved and noticed was given to the other bidders. d. Every bidding is merely an offer, and seller is obligated to transfer ownership of the things sold. b. The seller need not be the owner of the thing sold at the perfection of the sale. c. There may be a transfer of ownership over the thing even if the seller has not actually delivered the thing sold to the buyer. d. In a contract of sale the buyer becomes the owner of the thing sold upon full payment of the purchase price. 23. Secillo offered to sell to Buensalida his 5-door apartment house in Cubao, Quezon City for P 3 Million. Buensalida agreed to buy but requested to give him 20 days to raise the money. After two weeks, Buensalida informed Secillo that he has raised the money. However, Buensalida informed him the he is no longer interested to sell the property. Can Buensalida compel Secillo to sell the property. a. Yes, because there was a mutual promise to buy and sell a determinate thing. b. Yes, because Buensalida was able to raise money within the agreed period. c. No, because the contract of sale has not yet been perfected. d. No, because there was only an accepted unilateral promise to sell. 24. Singalong sold his land to Barganza for P 500,000, who paid SIngalong the price in fake 500 pieces of P 1,000 bill. What is the status of the contract of sale? a. Voide because the consideration is fake. b. Voidable because of the presence of consideration except that it is fake. c. Void because the cause is false. d. Valid because it has a consideration although it is fake. 25. Barayoga sold his motorcycle to Narcisa. No date was fixed for the performance of their respective obligations. The obligation of Barayoga is: a. To wait for Narcisa to pay the price before he delivers the motorcycle. b. To deliver the motorcycle after Narcisa demands delivery. c. To rescind the contract because the time of performance is not fixed. d. To deliver the motorcycle as soon as possible because the sale has been purchased. 26. Which of the following obligations of the vendor cannot be waived? a. To allow the buyer to examine the goods sold. b. To transfer the ownership to the buyer. c. To pay the expenses of the deed of sale. d. To warrant the thing sold. 27. Halk, a taekwando champion, with the intimidation forced his wife Matatakutin to sell to him Matatakutin’s properties worth P 300,000. The sale is a. Unenforceable, unless the sale was made in writing. b. Voidable, because the consent of MAtatakutin is vitiated. c. Rescissible, if Matatakutin suffered therefore before is it accepted, it may be withdrawn, 22. Which of the following statement is incorrect? a. In a contract of sale the full payment of the price is in the nature of suspensive condition in that the a lesion of more than ¼ of the value of the property. d. Void, except when the separation of property was agreed upon in the marriage settlement or there has been a judicial separation of property. 28. Which of the following is considered s an actual delivery? a. Execution and signing of the deed of sale. b. Delivery by the vendor of the key of the warehouse where the goods are stored. c. Placing the title of the ownership in the hands of the buyer. d. The goods sold are placed in the control and possession of the vendee. 29. Which of the following is not constructive delivery in sale? a. Tradition brevi manu b. Tradition constitutum possessorium c. Thing is place in the control and possession of buyer. d. Execution of public document. 30. Lucky is a lessee of a store in a shopping mall. She orally sells/ assigns his right to Samonte. She then allows Samonte to occupy the staff. The delivery here is called a. Quasi-traditio b. Actual delivery c. Tradition longa manu d. Tradition brevi manu 31. When the delivery takes place by the mere consent of contracting parties as when the vendor merely points to the thing sold which shall thereafter be at the control and disposal of the vendee if the thing sold cannot be transferred to the possession of the vendee at the time of sale, delivery is effected: a. By tradition symbolica b. By tradition longa manu c. By tradition brevi manu d. Answers not given 32. Alay-ay sold his house to Bibingka but continued to posses it as a lessee of the purchaser. a. Traditio longa manu b. Quasi-traditio c. Tradition constitutum possessorium d. Tradition brevi manu 33. Which of the following options is not correct? If Selerio delivered to Bayeran a television “ on sale or return “ a. The ownership is transferred to Bayeran upon actual delivery. b. Bayeran can return the goods even if he finds nothing wrong with its quality. c. The goods are transferred to the buyer upon constructive or actual delivery of the thing. d. The ownership is retained by the seller. 34. Asantalicio delivered a television to Barberian on “sale or return “. In this case, the ownership passes to Barberian upon a. Delivery of the television b. Expiration of the period agreed upon c. Acceptance by Barberian of Asantalicio’s offer. d. Perfection of the sale 35. Ownership of the thing sold is transferred / acquired / retained: a. Retained by the “ sale or return “ b. Transferred to the buyer upon constructive or actual delivery of absolute deed of sale was executed and notarized. On January 20, the sale was registered with the Land Transportation Office (LTO). On January 25, bayer took actual possession of the car. When did Bayer acquire title of the car? a. On January 10 b. On January 15 c. On January 20 d. On January 25 37. On January 7, 2008, Ariel sells and delivers to Barabara his car for P 200,000 on a “ sale or return within 10 days “ after delivery. On January 15, 2008, the car was lost through a fortuitous event. Who bears the loss? a. Ariel under the principle of “ res perit domino “ b. Barabara and she must pay the purchase price. c. Both Ariel and Barabara jointly. d. Neither of them because the loss was due to a fortuitous event. 38. Salvora delivered a computer set Perper “ on approval, on trial ot no satisfaction “ the ownership passes to Perper upon a. Delivery of the things. b. Meeting of the minds c. Conception of the sale d. The return of the things to Salvora. 39. Statement 2: in a sale on return, ownership passes to the vendee upon the delivery of the goods; in sale or trial, ownership does not pass to the buyer until he accepts the goods. Statement 1: in sale or return, the risk of the loss is on the vendor; in sale or trial, the risk of loss is on the vendee a. Both statements are true b. Statement 1 is true, statement 2 is false c. Both statement is false d. Statement 1 is false, statement 2 is true 40. The Recto Law is applicable on: a. Sale of car on a straight term b. Sale of house on instalment were buyer constituted mortgage on house. c. Sale of car on instalment were buyer constituted a mortgage on truck d. None of the above. the the the his 41. Ara bought a washing machine from Bal on instalment basis but defaulted in the payment of two instalments. Which of the following is not a remedy of Ara? a. Damages b. Specific performance only c. Cancel of sale d. Foreclose the chattel mortgage and recover from the buyer the difference if the proceeds of the sale is less than the unpaid balance of the purchase price. 42. Statement 1: in a sale of personal property in instalment, the seller is obliged to exercise the remedy of the foreclosure of the chattel mortgage, if there be one, in the event that the buyer fails to pay two or more instalments. the thing sold. c. Acquired by the buyer upon perfection of the contract. d. Transferred to the buyer upon acceptance of the price. 36. Selerio sold to Bayer his Toyota Innova Car on January 10. On January 15, an Statement 2: in a sale of personal property in instalment, if the seller decided to foreclose but did not actually sell the property, he may still ask for specific performance and demand for the remaining deficiency in the price a. b. c. d. True, False True, True False, True False, False 43. Bag bought a refrigerator on Instalment from Sum and to secure his indebtedness, Bag executed a chattel mortgage on title refrigerator in favour of Sum. Upon default by Bag on his two (2) payments, the refrigerator was foreclosed and sold for P 8,000 which was less than the balance of P 10,000 due to Sum. How much can Sum still collect from Bag? a. P 2,000 b. P 8,000 c. P 10,000 d. Nothing 44. One of the following is not an alternative remedy available to a seller of personal property on instalment if buyer defaults. a. To go to court and ask court to order delivery of the property. b. To foreclose the chattel mortgage c. To sue to specific performance d. To take possession of the property and forfeit the amount paid by the buyer. 45. Sad sold to Bad a motor vehicle for P 1.2M to be paid in twelve equal monthly instalments starting the 15th of February, 2008. To secure the payment of the car, Bad executed a chattel mortgage on the subject motor vehicle and furnished a surely bond issued by Contreras. Bad failed to pay two instalments. Sad went after Contreras but was not able to obtain only ¾ the total amount still due from Bad. Can Sad still collect the deficiency from Bad? a. Sad can still recover the deficiency from Bad because the amount received from the surely was only payment protanto of the obligation. b. Sad can still foreclose the chattel mortgage on the car for the deficiency. c. Sad cannot recover the deficiency anymore applying the Recto Law, that is, Sad can maintain an action for the deficiency. d. Sad can still recover the deficiency after he forecloses the chattel mortgage on the vehicle. 46. Which of the following statement is false: a. In contract to sell, ownership is not transferred to the buyer even if there is a delivery. b. Stoppage in transitu can be exercised by the unpaid seller if the buyer is insolvent and the vendor has not yet parted with the thing sold. c. The price is considered certain if it is reference to another thing certain. d. In a right to resell it is not necessary that the original buyer is insolvent. 47. Anthony sold a piece of land to Rolando binding himself not to sell the same to another person. On the following day, Anthony sold the land to Carl who immediately took possession in good faith. In the case at bar, the proper remedy of Rolando is to: 48. Statement 1: if the thing should have been sold to different buyers, the ownership should be transferred to the person whom may have been in the possession thereof in good faith; if it should be movable property. Statement 2: the seller is responsible to the buyer for any hidden defects or fault in the thing sold only if he was aware thereof. a. b. c. d. 1st statement true, 2 nd statement false Both statements are false. 1st statement false, 2nd statement true Both statements are true. 49. Salay, the owner of a parcel of land sold the same to Basco, a buyer in good faith but the document was not registered. One year, he sold it again to Bal who knew of the first dale but registered the document and obtained a title over the land. a. Basco is not entitled to the land even if he is a buyer in good faith. b. Basco is the rightful owner because the bad faith of Bal renders nothing but an exercise in futility. c. Bal being the first registrant is the rightful owner of the land. d. The knowledge of the first sale by Bal is immaterial because the non-action of Basco plus him in estoppels. 50. Sala sold his land to Bata who began to possess it. Later Caw, a tranger, sold the same land to Dau who in good faith registered the sale in the Registry of Deeds. Who should be considered as the owner? a. Sala because the sale is not registered by Bata. b. Bata because Dau did not buy it from the owner of the land. c. Caw because the sale to Dau is a second sale. d. Dau being the registrant in good faith. 51. Seoul sold a land to Busan. Then, Seoul became Busan’s tenant. Subsequently, Seoul sold the same property to Gangnam. Neither sale was registered. Who is the rightful owner? a. Busan being the first buyer in good faith. b. Gangnam because the property was sold to him ny the original owner. c. Seoul because the sale to Busan and Gangnam are not registered in the Registry of Deeds. d. Busan if he will register the sale ahead of Gangnam. 52. Soreta sold his land to Biares. Later, Soreta sold the same land to Baduy. Biares in turn sold the same land to Bastos, who took possession of the land in good faith. Baduy, a purchaser in good faith, registered the sale in his favour. Decide: a. Biares is the owner of the land because he was the first buyer. b. Biares is the owner of the land having registered the sale in good faith. c. Bastos is the owner of the land being the transferee of the rights of Biares and who is in possession in good faith. a. Institute an action for the annulment of the sale to Carl. b. Institute an action for the recovery of the land. c. Institute an action for damages against Anthony. d. Answers not given. d. Bastos is the owner because after Soreta sold the land to Biares,Soreta had not more right to transfer ownership to Baduy, the second buyer. 53. Crystal is the owner of an earring which was stolen by her housemaid. In one social gathering, she saw the earrings in the possession of Fatutina. It was discovered that the housemaid sold it in a jewelry store which in turn sold it to Fatutina, a buyer in good faith. Did the latter acquire good title to the jewelry? a. Yes, because it was bought from a merchant’s store in good faith and in value. b. No, because Fatutina did not exercise diligence is buying the earring. c. No, because it was sold by a store which does not possesses authority to sell it. d. Yes, because the seller is also a buyer in good faith. 54. S store a fountain pen from “O” and sold it to a bazaar who pays for it in good faith, not knowing it was stolen. The bazaar then sold it to B, a student, a. The bazaar having bought it in good faith becomes the legal owner, and as such, he can transfer ownership to B. b. Ownership passed to B because he bought it in a merchant store. c. “O” may recover the fountain pen from B without reimbursement because he is the legal owner. d. B cannot become the owner because S, the original seller, is not the owner. 55. Gwen brought is wristwatch in a watch repair shop and store for repair. After it was repaired, the watch repair shop and store sold it to Mommy Mi, a buyer in good faith. Can Gwen recover the wristwatch from Mommy Mi? a. No, because Mommy Mi is now the lawful owner of the watch. b. No, because Mommy M brought it in good faith and for value. c. Yes, because the seller was not authorized by Gwen to sell his watch. d. Yes, provided he would reimburse Mommy Mi the amount she have paid to the merchant’s store. 56. Sayangco sold a residential land to Bitao. Bitao paid the consideration. When Bitao wanted to register the sale at the Register of Deeds, the latter refused to register it and required the presentation of the certificate of capital gains tax payment. What can Bitao do? a. Bitao may sue Sayangco to refund the consideration paid by bitao under the maxim “no one shall enrich himself at the expense of another“. b. Bitao cannot compel Sayangco to return the selling price because the contract is not enforceable. c. Bitao may possess the residential land as a buyer in good faith. d. Bitao may compel Sayangco to pay the capital gains tax and secure the Certificate of Capital Gains Tax payment. 57. Warranty against hidden defect is: a. An essential element. b. Accidental element c. Natural element d. None of the above. 58. The following, except one, are the alternative remedies available to the buyer in case of breach of warranty by the seller. a. Keep the goods and ask for the damages. horse suffered an illness and died after one week. Can Bruno sue Serdan for breach of warranty against hidden defects? a. Yes, because it is presumed that the horse was already ill when sold. b. No, because Serdan was not arware of the disease at the time of sale. c. Yes, because Serdan is in bad faith. d. No because the disease did not exist at the time of purchase. 60. In three of the following there is no warranty against hidden defects of animals. Which is the exception? a. Animals sold at fairs. b. Livestock sold as condemned, declared known to the buyer. c. Animals sold at public auction. d. None of the above. 61. The vendor is responsible to the vendee for any hidden faults or defects in the thing sold, even though he was not aware thereof. If the thing sold had any hidden fault at the time of the sale, and should thereafter be lost by a fortuitous event, the latter may demand of the vendor the price which he paid, lee the value which the thing had when it was lost. a. True, False b. True, True c. False, True d. False, False 62. Seesy sold to Batok his dog without knowledge that the animal was suffering from a disease at the time of the sale. Is the seller liable for breach of warranty against redhibitory defect of animals? a. Yes, because he sold have known the defect before selling it to somebody. b. Yes, if he aware of the hidden fault or defects. c. No, because redhibitory defect is difficult to discover even in case of professional inspection. d. No, if there was a stipulation and the seller was in good faith when he sold the animals. 63. One of the following is not a remedy granted to an unpaid seller. a. Right of stoppage of goods in transit. b. Right of lien owner the goods. c. Right of resale. d. Right to demand a security for the payment of the price. 64. The buyer has a right to the fruit of the thing from the time a. Thing is delivered b. Contract is perfected c. Obligation to deliver the thing arises d. Fruits are delivered 65. Which of the following statement is not correct? a. The vendor is bound to deliver the thing sold and its accessions and accessories in the condition in whic they were upon the perfection of the contract. b. All the fruits of the thing sold shall pertain to the vendor from the day on which the contract was perfected. c. The vendor shall not be bound to b. Refuse to accept the goods and ask for damages. c. Rescind the sale and retain the goods. d. Keep the goods and set up against the seller by way of recoupment in price. 59. Serdan sold a racing horse to Bruno on February 14, 2008. After five days, the deliver the thing sold, if the vendee does not paid him the price, or if no period for the payment has been fixed in the contract. d. The vendor is bound to transfer the ownership of and deliver, as well as warrant the thing which is the object of the sale. 66. Salcedo sold his horse to Caballo for P 15,000. No payment has ben made and no date of delivery was agreed upon. Before the payment and delivery, the horse gave birth to a pony. a. Caballo should pay additional amount for the pony if he wants to have it. b. Caballo is entitled to the pony which was born after the perfection of the sale but before the delivery. c. Salcedo is entitled to the pony since Caballo has not yet paid the price. d. Salcedo is entitled to the pony because it was born before his obligation to deliver to horse. 67. Salamanca sold a pig to Bardagol. It was agreed upon that the payment will be made one month after delivery. After delivery but before payment of the price, the pig delivered ten piglets. a. Bardagol is entitled to the piglets because there was already a delivery. b. Bardagol should pay the price of the piglets if he wants to have them. c. The piglets should be with Bardagol applying the rule that “accessory follows the principal” but he should pay Salamanca of its value as an application of the same principle. d. Salamanca is entitled to the piglets due to the nonpayment of the purchase price. 68. On jJanuary 6, 2008, Pepe sold to Pilar his dog named Tagpi with the agreement that delivery shall be on January 15, 2008 and the payment of the rpice will be on January 31, 2008. If the dog shall produce offspring, it shall belong to: a. If before January 6, 2008 it shall pertain to the seller. b. If the puppy, Tagpi Jr. Shall be born on January 10, 2008 it shall still pertain to the seller. c. Pilar shall only be entitled to Tagpi Jr. If the puppy is born on January 20, 2008. d. If Tagpi Jr. Is born after the sale but before the delivery, it shall pertain to Pilar if so stipulated by the parties. 69. Sebastian sold an automobile to Berdi for P300,000 payable as follows: P100,000 upon delivery of the car, and the balance at an amount of P50,000 every month thereafter. The automobile, however was burned in the possession of Berdi, without his fault, before payment of the balance. Is Berdi obliged to pay the balance? a. Yes, because the ownership was transmitted to him upon delivery. b. Yes, but Sebastian should deliver another automobile to Berdi. c. No, because the balance is not yet paid and therefore Sebastian is still the owner of the automobile. d. No, the loss is imputable to Sebastian applying the principle of res perit domino. 70. Aden sold his only car to Bisco. After the contract was perfected but before the delivery, the car was destroyed by a tsunami. It was totally wrecked. Should Aden deliver a car similar to his? a. Yes, because the buyer should not be 71. Sotero and Balbak entered into a contract whereby Sotero will sell his computer to Balbak for P20,000. After the perfection of the contrac, Balbak advanced the entire purchase price but it was stipulated that the computer shall delivered at the end of June of the current year. Before the arrival of the date, it was completely destroyed without any fault of Sotero. Can Balbak recover the P20,000? a. No, when a thing is lost without fault of the vendor, he is released from his obligation to deliver the thing. b. No, because the contract had already been perfected. c. Yes, under the principle of res perit domino d. Yes, but the buyer must also bear the loss. Hence, he can recover P10,000 only. 72. Salando sold to Baybayin his can which is undergoing body repair at a car repair shop owned by Celaje. No fixed date for the performance of their respective obligations. The obligation of Baybayin is: a. To pay the moment Salando delivers the car. b. To pay upon demand by Salando. c. To pay the price immediately because their obligations are demandable at once being pure obligation. d. To rescind the sale because there was no agreement as to when their obligations shall be performed. 73. 1st Statement: the vendor is bound to transfer the ownership of and deliver as well as warrant the thing which is the object of the sale. 2nd Statement: payment of price is essential to delivery of the thing sold. a. Both statements are true. b. Both statements are false c. 1st Statement is True, 2nd is False d. 1st statement is False, 2nd is True 74. Which of the following statements is not correct? a. Actual delivery of the thing or payment of the price is not required for the perfection of the sale. b. A stipulation that even when the object is delivered to the buyer, ownership will not pass until the price is fully paid is not valid. c. A sale is consummated upon delivery of the thing and the payment of the purchase price. d. Sales through letters or telegrams are deemed perfected only when the seller has received acceptance by the buyer. 75. Balas buys from Salas 100 cavans of palay. Which of the following statements is not correct? a. If Salas delivers only 90 cavans he can accept them provided that he can only be required to pay for the number of cavans delivered. b. If Salas delivers only 90 cavans, he must accept them because it is part of the quantity contracted. c. If Salas delivers 120 cavans, Balas can reject all. liable for a fortuitous event. b. Yes, otherwise Bisco will be prejudiced of not receiving the return of his payment. c. No, because the object is determinate. d. No, even when the seller is guilty of delay in the delivery of the car. d. If Salas delivers 120 cavans, he may accept all, but he must pay for them at the contract rate. 76. S sold to B a parcel of land for a lump sum of P50,000. The contract states that the area is 500 square meters. Subsequently, it was ascertained that the areas included within the boundaries is actually 550 square meters. a. S is bound to deliver 500 square meters and B to pay P50,000 b. S is bound to deliver 500 square meters and B to pay P55,000 c. S or B can rescind the sale because there is no meeting of minds. d. None of the above. 77. In Question 76. If the land is contains 445 square meters only. Which of the following is correct? a. S is bound to deliver 500 square meters and B to pay P50,000 b. S is bound to deliver 445 square meters and B to pay P44,500 c. B may rescind the sale because the lack in area is more than 1/10 of the total area. d. None of the above. 78. Salinel sold to Bobos, per unit of measure, a parcel of Riceland measuring 2,000 square meters at a price of P500 per square meter. Subsequently it was ascertained that the area is not measuring 2,000 square meters. Which ofo the following remedies is available to Bobos? a. Ask for rescission if the area is lacking by 1/10th or more of that stated. b. Ask for rescission if the area is 1,000 square meters only. c. Be required to pay an amount corresponding to 2,000 square meters even if the area is 1,900 square meters only. d. Require Salinel to accept an amount corresponding to 2,000 square meters even if the area is 2,100 square meters. 79. The following options are available to the buyer of real estate at the rate of a certain per unit of measure, except: a. Proportionate reduction in the price if the lack in the area is less than 1/10; b. Rescission of sale if the lack in the area is not less than 1/10; c. If the area is more than stated in the contract, accept the area stated in and reject the rest; d. Rescind the contract if the area is more than that stated in the contract. 80. Bolabong bought from Senyang a second hand motorcycle which upon inspection by Bolabog had some patent mechanical troubles. After the sale, the motorcycle was bumped on another vehicle due to defective brakes creating damages to the motorcycle ad on the other vehicle. Is Senyang liable fro breach of warranty against hidden defect? a. No, because the defect was not hidden but apparent upon inspection by Bolabog it being a seconh hand car. b. Yes, because there was no waiver of warranty against hidden defect. c. Yes, because the seller was in bad faith and she has to pay for the damage done on the other vehicle. d. No, because it was fault of Bolabog, he should have bought a brand-new motorcycle. 81. Segunda sold his car to Bakekang. No c. The seller may demand payment first before delivery of the thing sold. d. The buyer may demand delivery first before payment of the price. 82. X sold a parcel of land to Y with the agreement that the payment is to be made on Feb. 14, 2009. It was stipulated that failure to pay on said date. The sale would automatically be rescinded. Y failed to pay and asked for extension of the time pay. Decide: a. Y may still pay and the sale is not rescinded id there was no demand yet for rescission from X. b. The sale is rescinded as per agreement. c. The sale is rescinded only after demand fro payment by the seller. d. Y may still pay despite rescission of the sale. 83. Pacto de retro sale is distinguished from mortgage: a. There is redemption when the principal debt is paid. b. There is no transfer of possession of the thing sold. c. There is no foreclosure unless it is declared as an equitable mortgage. d. There is no transfer of ownership of the thing sold. 84. A stipulation exempting the vendor from the obligation to answer for eviction shall be void even if he acted in good faith. The vendor is not liable for dispossession due to acts imputable to the buyer himself. a. True, False b. True, True c. False, True d. False, False 85. The sale shall not be presumed to be an equitable mortgage when? a. The price of the sale is usually adequate. b. The vendor remains in possession of the thing sold. c. The vendor allows the extension of time to repurchase the thing sold. d. The purchaser retains for himself a part of the purchase price. 86. The vendor is responsible to the vendee for any hidden faults or defects in the thing sold, even though he was not aware thereof. When the price of a sale which right to repurchase is unusually inadequate, the contract shall be presumed to be a pacto de retro. a. True, True b. True, false c. False, False d. False, True 87. Where it is stipulated that the repurchase of the property sold could be made at any time, the repurchase shall be exercised a. Within four years from the date of contract. b. Within ten years from the date of the contract. c. After ten years from the date of the agreement was made on the time and place of delivery and payment, hence: a. The time and place of delivery shall be at the time and place of payment of the price. b. The time and place of delivery and payment not having been agreed upon, the sale shall be void. contract. d. None of them 88. Where it is stipulated that the repurchase of the property sold could be made at any time, the repurchase shall be exercised a. Within four years from the date contract. b. Within ten years from the date of contract. c. After ten years from the date of contract. d. Within six years from the date of contract. of d. Babol and Cortez have no right of legal redemption. the the the 89. Sall sold his land to Bay on March 15, 2008 with a right to repurchase. The contract provides that the land will be redeemed in March of any year. Until when Sall can repurchase the property? a. March 15, 2012 b. March 15, 2018 c. March 15, 2009 d. March 15, 2011 90. If redemption is made, which of the following will not be paid by the seller to the buyer? a. Price paid by the buyer b. Expenses in the execution of the sales of contract paid by the buyer. c. All necessary expenses on the thing sold and to be redeemed. d. Interest on the price paid by the buyer. 91. Abagat, Barra and Caballero, are coowners of an undivided parcel of land. Barra sold his 1/3 interedt to Caballero absolutely. Which is correct? a. Abagat may exercise his right of redemption on the interest sold by Barra to Caballero. b. Abagat cannot exercise the right of redemption because the sale was made in favour of a co-owner. c. The sale made by Barra to Caballero is void because it was not made in favour of a stranger. d. Abagat may redeem only ½ of the interest sold by Barra to Caballero. 92. Arines, Babagay and Casyao are co-owners in equal share of parcel of land. Casyao sold his undivided interest to his son. Dava, a week later, Arines and Babagay served notice on Dava of their intention to redemme the portion sold. However, Dava refused to allow redemption arguing thet being the son of Casyao, he was not a third person in contemplation of the law with respect to redemption by coowners. Is the refusal of Dava justified? a. No, the refusal of Dava is not justified because he is still a third person as regards redemption by coowners. b. No, because Dava’s refusal is unjustified because co-owners can redeem the share sold even if not sold to a third person c. Yes, justified because he is not a third person being the heir of Casyao from whom he will eventually inherit the share in the land. d. No, because co-owners can redeem the share even if sold to a co-owner. 93. Abonal, Babol and Cortez as brothers purchased from their parents specific portions of a parcel of land as evidenced by three separate deeds of sale. Each deed referring to a particular lot in meters and bounds. Abonal sold his parcel of land to De Belen, Baboland Cortez want to redeem the land. Decide; 94. Servino owns a piece of land and sells it to Sam with the right of repurchase within four (4) years from the date of sale. If Sam sells the property to Rose, which of the following is false? a. The sale is valid because things subject to a resolutory condition maybe the object of a contract of sale. b. Servino can still exercise her right of redemption against Rose. c. The sale is void because it is a conditional sale. d. Rose acquires the property but subject to the right of conventional redemption. 95. Senso owns a piece of land and sells it to Bicad with a right or repurchase within one year from the date of sale. Can Bicad sell the land he purchased from Senso to Burat, a third party? a. Yes, provided that the sale is with the consent of Senso. b. No, Bicad is not yet the absolute owner of the land. c. Yes, but Sesno can still redeem the land from Burat. d. No, third parties that acquire real property are bound by prior contracts affecting such property even if the third person is not a party thereto. 96. Arnesto, Balane and Camposano are coowners of a parcel of land. Arnesto sold his share to Balane. Can Camposano redeem the said share from Balane? a. No, unless he was notified of the sale prior to its perfection. b. No, legal redemption applies only if the interest was alienated by onerous title to a third person. c. Yes, because the law frowns upon coownership. d. Yes, provided he pays Balane the price, expenses of the sale and necessary and useful expenseson the thing sold. 97. Ann and Boy are co-owners of a parcel of land. Dan owns a parcel of land adjoining the co-ownership. Ann sold his share to Char. Both Boy and Dan want to redeem the share of Ann which is latter sold to Char. a. Boy and Dan should equally redeem the share of Ann. b. The right of Boy as co-owner is preferred over Dan who is only an adjoining owner. c. Dn should be preferred over Boy in the redemption from Dan. d. None of them acquires the right of redemption. 98. Which of the following is false about sale with a right to repurchase? a. Legal redemption ca be effected only against immovable property. b. There is transfer of ownership to the buyer subject to a resolutory condition. c. If several persons, jointly and in the same contract, should sell an undivided immovable with a right to repurchase, none of them may exercise this right for more than his a. Both Babol and Cortez may exercise the right to redemption in a pacto de retro sale. b. Either of Babol and Cortez mat do so if there is right of redemption given to them by De Belen. c. Babol and Cortez have the right of legal redemption. respective share. d. The buyer a retro may mortgage the property because he acquires the rights of the vendor. 99. Aki owns a parcel of land, which he sells to Bing with a three year redemption period. After the second year, Aki dies, leaving his children Cave, Dave and Eve as his heirs. Which of the following is not correct? a. As Aki can repurchase the whole thing, so any among Cave, Dave and Eve may repurchase the whole thing. b. Cave can redeem his 1/3 share, Dave his 1/3 share and Eve his 1/3 share if Bing does not require all of them or any one of them to redeem the whole property. c. Bing may demand that all the co-heirs come to an agreement upon the repurchase of the whole thing sold. d. Bing cannot be compelled to consent to a partial redemption. 100. In 2008, Albia bound himself to sell to Bolalin his house and lot which was being rented by another person. If Bolalin passes the CPA examination on October 2008. Luckily for Bolalin, he passed the said examination. However, Albia sold the said property to Cord in 2008after the agreement was entered into by Albia and Bolalin. Was the sale valid? a. The sale was not valid because the property was already sold by Albia to Bolalin although it was subject to a suspensive condition. b. The same was not valid if Cord was aware of the promise to sell of Albia to Bolalin. c. It was a valid sale because Albia was still the owner of the house and lot at the time of the sale but with resolutory condition. d. It was a valid sale if the buyer was in good faith and for value and without the knowledge of the promise to sell of Albia to Bolalin. AGENCY 1. ALing ask his neighbour, Aze to buy some vegetables for her in the market to which request the latter agreed. The contract between them is: a. Sale b. Piece of work c. Agency d. Contract to Sell 2. Which of the following is characteristic of an agency? a. Principal b. Nominate c. Commutative d. Gratuitous not a 3. Statement 1: a contract is needed to have an agency relationship Statement 2: the agent owes a fiduciary duty to the principal Statement 3: The principal owes a fiduciary duty to the agent Which of the above statements is true? a. Statement 1 only b. Statement 2 only c. Statement 3 only d. Statements 2 and 3 4. Akbahar has been the agent of Pacifico for the past 3 years in the purchase of palayvin different provinces in Luzon. The authority given by Pacifico to Akbahar provided that Akbahar need not them from his stock and made it appear that he bought them from a supplier at the regular price of P600, which was the same purchase price of palay in his earlier transactions. a. Akbahar must account to Pacifico all the profits that he obtained from the transactions. b. Akhbahar need not account to PAcifico the profits that he obtained from all the transactions. c. Akbahar need not render an accounting of his transactions because he was not obligated to do so under the power of attorney given to him by Pacifico. d. Akbahar cannot be held liable for damages because he passed on the palay to Pacifico at the purchase price of his previous transactions. 5. Lease of services is distinguished from agency except on the following. a. The worker does not represent his employer. b. The implementor exercises discretionary powers. c. Generally, the relationship can be terminated only at the will of both parties. d. It usually involves in two persons. 6. The following distinguished agency from a negotiorum gestio except a. Quasi-contract b. There is meeting of the minds expressly or impliedly c. The legal relation is created by the parties. d. One party performs according to the control of the other. 7. All of the following are characteristics of an agency to sell, except a. Receives the goods as the goods of the principal. b. The agents deliver the proceeds of the sale c. Receives the goods as owner d. The agent does not warrant the thing against hidden defects. 8. In a. b. c. agency, the agent represents A person who is capacitated. A person who is incapacitated. Heirs and creditors of the estate or the debtor. d. Judicial court e. None of the above 9. Pandekoko gave a special power of attorney to Amay, a 13 year old high school student, authorizing the latte rto sell his car. Amay sold the car for P150,000. Which of the following statement is false? a. The contract of agency between Pandekoko and Amay is voidable. b. The contract of sale between Pandekoko and Amay is valid. c. The contract of sale between Pandekoko and Amay is unenforceable. d. The guardion or parent of Amay can ask for the annulment of the contract of agency. 10. Pal, 50 year old, appointed Ams, 16 years old. As his agent of sell to his necklace for P12,000. Thereafter, Ams sold the necklace to Bara for tha said amount. When Pal learn that the contract price of the necklace is P20,000 he sought to render an accounting of his transactions. One day, Akbahar chanced upon a wholesaler of palay who offered to sell them to Akbahar at the discounted price of P500 per sack. Akbahar purchased all the palay using his own money and stored them in the warehouse. Every time that Pacifico needed palay, Akbahar would get annul the sla eand brought an action to recover the necklace on the ground that the sale is voidable because Ams is minor. Is the action of Pal justified? a. Yes, because the agent is incapable of giving consent to the contract. b. Yes, Bara took advantage of the minority of the agent. c. No, because the contract is unenforceable the agent having exceeded his authority. d. No, because Pal is capable of entering into a contract. c. Yes, unless Are habitually engaged in the business of selling and buying cars. d. None, acceptance must always be expressed. 11. Pogi authorized Panget, a minor, to sell his car for P1M in cash. Panget sold the said Car to Ganda on instalment at a lesser price of P900,000. Pogi is now repudiating the contract with Ganda on the ground that he is not bound since Ganda contracted with the minor who exceeded his authority. Decide a. Pogi is liable under the contract because it is enough that principal is capacitated since he is the one entering into the contract. b. Pogi is not liable for the sale on instalments since it is unenforceable because his agent acted beyond its powers. c. Pogi is not liable because the agent is a minor with whom Ganda had contracted. d. Pogi is liable provided the sale is in cash fro P1M. 16. Parra sends a letter to Arro in Iriga City, authorizing Arro to sell his specific car for P300,000. No reply is made by Arro. Is there a presumption of implied agency between the two? a. Yes, unless evoked by Parra before accepted is made. b. Yes, the failure to reply is an implied acceptance of implied consent. c. O, if Arro is habitually engaged in the business of buying and selling of cars. d. No, as between persons who are absent, acceptance by the agency cannot be presumed from the silence of the agent. 12. Which of the following does not create an implied agency? a. Failure to repudiate the agency by the principal. b. Silence of the principal c. Express authority given by the principal d. Principal’s lack of action 13. Mar Cas, before going to London, appointed Jul Cas as his agent administer his properties in the Philippines. Afterwards, Jul Cas wrote Mar Cas that he (Jul Cas) was withdrawing from the agency because of hailing health. Jul Cas, in the same letter, said that he appointed Cas Cas as his substitute and that Mar Cas should extend new appointment to Cas Cas. Cas Cas took over the duties of Jul Cas but Mar Cas did not bother to appoint Cas Cas ah his agent until Mar Cas death. Now, Mar Cas’ heirs bought an action against Cas Cas fro accounting. Cas Cas raised the defense that he was not validly constituted as agent of Mar Cas. In the case at bar, defense is not tenable because there is a. An actual agent b. An implied agent c. A general agent d. Answer not given 14. The is not implied agency in the following a. The principal delivers his power of attorney to the agent and the latter receives it without any objection. b. The offeree writes a letter acknowledging the receipt of te offer, but offers no objection to the agency. c. The offeree begins to act under the authority conferred upon him. d. The offeree receives a letter of authority but did not reply nor acted within the scope of authority conferred upon him. 15. Pare sends a letter to Are in Cavite, authorizing Are to sell his specific car for P90,000. If no reply is made by Are, is there a presumption of implied agency 17. Panta, a resident of Ilocos Norte, wrote Ali, his friend in Bicol who is engaged in buying and selling second hand car, to sell his(Panta) Toyota Corolla Car. Ali did not reply to the letter. a. There is implied agency due to nonacceptance of the authority. b. There is not implied agency because between persons who are absent, the acceptance of the agency cannot be implied from the silence of the agent. c. There is no implied agency until Ali starts to act under the authority conferred upon him. d. An implied agency is created even without reply from Ali. 18. The following statements pertain to the appointment of an agent I. If the announcement of appointment of an agent is by special information, the person appointed will be considered a duly authorized agent with respect to the person who received the special information. II. If the announcement of the appointment of an agent is made by public advertisement, such as publication in a newspaper of general circulation, the person appointed will be considered as agent which regard to any person who reads the publication. In your evaluation statements: a. b. c. d. Both Both Only Only of statements are statements are statement 1 is statement 2 is the foregoing true false true true 19. Ad Company wrote a letter to Better educational Supply which introduced Botoc as its newly authorized agent. Better Educational Supply then dealt with the company thru Botoc. After six(6) months, the authority of Botoc was revoked without informing the customer of the revocation. Better Educational Supply continued to deal with Botoc. Is Ad Company liable for the act of Botoc? a. Yes, but until the revocation of the between two of them? a. None, because as between persons who are absent, acceptance of the agency cannot be presumed from the silence of the agent. b. Yes, because no reply was sent; there is an implied acceptance or implied consent agency only. b. Yes, but effective only from the time the letter was received until the authority of the agent was revoked by the company. c. Yes, even after the revocation for the customer was in good faith not having been informed by circular or otherwise of the revocation. d. No, the company was never become liable for the acts of Botoc. 20. Top of the Line Corporation published in the calssififed ads of the Philippine Daily Inquirer that Chua is its duly authorized agent to sell its product in Southern Luzon. After 5 years, the corporation revoked the authority by giving notice of revocation to Chua and publishing a notice of revocation in the Philippine Star. Despite the revocation, Chua was still able to sell goods worth P60,000 to Diana who did not read the revocation. Should Top of the Line Corporation deliver the goods? a. No, it is not obliged to deliver because Diana have known the revocation of Chua’s authority. b. Yes, because Diana did not read the revocation of Chua’s authority. c. Yes, because the revocation was not binding on Diana since it was published in a different newspaper. d. No, because the notice of revocation to Chua is sufficient. 21. M Company wrote a circular letter to its customer introducing a certain A as its duly authorized agent. X, a customer, dealt or transacted a business with A. Later, A’s authority was revoked and was published in a newspaper of generation circulation. Notwithstanding his knowledge of such revocation, X continues to transact business with M Company thru A. Is M Company still liable for the agent’s act even after revocation? a. Yes, because the revocation was not given in the same way the power was gained. b. No more, because the third person (X) is in bad faith. c. No, more, because the transaction that will be entered after revocation will be void. d. Answers not given. 22. Pund met Ter and introduced Al as the agent of Pud. As a result, Ter dealt with Al. Is Pund liable for the acts of Al when as a matter of fact, it is not true that Al is his agent? a. Yes, for what is created here is an implied agency. b. Yes, because Pund created an agency by estoppel. c. No, because Al is not really an agent of Pund. d. \no, because neither an implied agency nor an agency by estoppels has been created among the parties. 23. Pal, a Filipino citizen called his brother, Ar, by phone, authorizing the latter to sell his 5—hectare Riceland located in Nueve Ecija. On the strength of such authority, Ar sold the land belonging to his brother. Is the sale valid? a. Yes, because the sale has been authorized by Pal, the owner of the land. b. Yes, if the sales instrument is reduced in writing. c. No, because the authority to sell must be reduced in writing. d. No, because the authority to sell must b. The authority of B from A is by way of letter and B sells the land to C in writing. c. The authority of B is oral and B sells the land to C for P50,000 in a written contract of sale. d. The authority of B is in writing but the sale of the land in writing was made beyond the period expressly set forth by A. 25. A appoints B to sell his land. Example 1 – if the authority of B is oral and B sells the land in writing, the sale is valid. Example 2 – if the authority of B is in writing and B sells the land orally, the sale is valid. Which is correct? a. 1st example is false but 2nd example is true. b. Both examples are true. c. Both examples are false. d. 1st example is true but the 2nd example is false. 26. Pan wrote his friend. Ali to sell his land in Zamboanga City. This land was purchased by Bal, a third person.. Ali did not remit the money. Pan now wants to recover the land from Bal. a. Pan cannot recover because an agency by estoppels has been created. b. Pan can recover because Ali is in bad faith. c. Pan can recover because the authority did not comply with the requisite that it must be in a special power of attorney. d. Pan cannot recover because the sale is valid, the letter being a sufficient authority. 27. 28. Pene made Arro as his agent for all his properties. The contract indicates that “Pene withholds no power from the agent and that the latter can execute acts which he considers deem appropriate and that the agent is given general and unlimited powers.” Which of the following acts can be validly done by Arro? a. To compromise in behalf of Pene. b. To lease real property to another person for more than one year. c. To make customary gifts for charity. d. To sell or mortgage Pene’s land. 29. P appointed A as his agent with a generally worded authority stating that he withholds no power from A and that he has allowed him absolute and unlimited powers. Accordingly, A sold P’s house and lot to X; leased to T an apartment unit for 2 years; also leased to W, P’s car for 5 years. a. All the contract of A with X, T and W are valid and enforceable. b. All the contract of A with X, T and W are unenforceable. c. The contract with X and T are unenforceable but the contract with W is valid and enforceable. d. The contract with W is unenforceable but the contract with X and T are valid and enforceable. be in a public instrument. 24. A appoints B as his agent to sell his land. Which of the following is perfectly valid? a. The authority of B is in writing and the sale of the land n favour of C is oral. 30. Considered “mere acts of administration”, which an agent is authorized to do if given an agency couched in “general term”. Which is the exception? a. To sue for the collection of debts and to engage services of a counsel to preserve the ownership and possession of the principal’s property. b. To give customary gifts for charity or the employees in the business managed by the agent. c. Unregistered lease of real property to another person for one year. d. None of the above. 31. Which of these in not an act of ownership and, therefore, need to be contained in a special power of attorney for the agent to possess the same? a. To make payments which are in the ordinary course of business. b. To effect novations which put an end to obligations contracted before the agency. c. To waive an obligation gratuitously. d. To obligate the principal as a guarantor. 32. Which of the following constitute an act of strict domination or ownership? a. To bind the principal to render some service without compensation. b. To sue for the collection of debts. c. To lease real property to another person for six months. d. To make customary gifts for charity. 33. Three of the following requires a special power of attorney. Which is the exception? a. Accept inheritance. b. To waive obligation gratuitously. c. To bind the principal in a contract of partnership. d. None of the above. 34. Which of the following statement is true? a. In a principal appoints an agent in writing with respect to the slae of a piece of land and the latter sold it to a buyer orally, the contract between the agent and the buyer is void. b. A contract of agency is generally gratuitous. c. To lease a personal property to another person for more than one year does not require a special power of attorney. d. The insolvency of the principal but not the agent shall extinguish the agency. 35. If an agents contract in the name of his principal, exceeding the scope of his authority, which would be the status and effect of the contract? a. Unenforceable b. Void c. Voidable d. Valid e. None of the above 36. Pera executed a special power of attorney authorizing Aba to mortgage his land. Aba sold the same. Is the sale void? a. Yes, a special power to sell includes the power to mortgage. b. Yes, because it is voidable. c. No, because it is unenforceable d. No, because it is perfectly valid. 37. A special power to power to a. Mortgage sell includes the c. Make usual representations warranty. d. To deliver the property. and 39. Which of the following contracts is void? 1st: the agent acting without authority in behalf of the principal. 2nd: the agent acting without authority and in behalf of himself. a. b. c. d. 1st contact only 2nd contract only Neither 1st nor 2nd contracts Both 1st and 2nd contracts 40. Without authority with Gon, Killua sold Gon’s car to Kurapika in behalf of Gon. a. The transaction is void because Killua is not authorized by Gon. b. The contract in unenforceable which cannot be ratified. c. Gon is not bound by the transaction unless he ratifies. d. Kurapika can have a claim against Gon because the property belongs to the latter. 41. The agent, excess of the authority given to him by his principal enters into a contract with a third person. If the principal ratifies the contract, who will be liable to the third person, if any? a. Only the principal b. Only the agent c. Both the principal and the agent jointly d. Both the principal and the agent solidarily. 42. P appointed A as an agent to sell P’s car for P500,000. Thru A’s good marketing style, he was able to sell the car for P600,000, 50% downpayment, 50% payable in 2 years. Hence, a. Sale is unenforceable. A must render an account of his transaction to P up to P500,000 only. b. Sale in enforceable. A must render an account of his transaction to P up to P600,000 after collection. c. Sale is enforceable because A sold it in a manner more advantageous than that instructed by the principal. d. Sale is unenforceable because B exceeded his authority. 43. Ben authorized Alf to sell goods belonging to the farmer. Alf sold the goods without disclosing the principal. The buyer is not also aware that Alf is merely an agent of Ben. Which of the following statement is correct? a. Ben is not bound because the agent acted in his own name. b. Alf is not bound because the transaction is null and void. c. Alf is bound because the agent is authorized, but the buyer cannot proceed against the undisclosed principal. d. The buyer takes little to the merchandise but Ben can maintain successfully an action against him for the recovery of the goods or for damages. 44. A, agent of P, in excess of authority entered into a contract in the name of P with X who kbew of the lack of authority and P did not ratify the contract. The b. Barter c. Sell on Credit d. None of the above 38. The power of sell does not carry with it the power to a. Find a purchaser or to sell directly. b. To pledge contract is a. Rescissible b. Voidable c. Unenforceable d. Void 45. If an agent contracts in the name of his principal, exceeding the scope of his authority, what would be the status and effect of the contract if the other party knows that he (agent) is unauthorized? a. Void contract b. Voidable contract c. Unenforceable contract d. Rescissible contract 46. Sunako is the agent of Kyohei, Kyohei athorized Hiroshi to sell his BMW car on installemt basis, Nao, the buyer paid the downpayment, hence, the car was deliveres. Nao, however did not pay the balance, in a suit for collection of sum of money, Nao interposed the defense that Kyohei has no personality to sue him because Sunako did not disclose Kyohei as the principal. a. Nao is correct because the contract deals only with hum and Sunako. b. The defense of Nao is correct because the correct procedure is for Kyohei to collect the balance from Sunako and for the latter also to collect from him. c. Te defense of Nao is not correct because Sunako dealt with property belonging to Kyohei. d. The defense of Nao is not correct because Sunako is an agent of Kyohei. 47. Conan appointed Sinichi to sell his car for P300,000. Sinichi sold the car to Haibara for P300,000 but Sinischi acted in his name. After delivery Haibara inspected the car and he found hidden defects in the car. Can Haibara file an action against Conan even when Shinichi acted in his own name? a. No, under caveat emptor or let the buyer beware. b. Yes, because this is a contract involving a property belonging to the principal. c. No, because the agent acted in his own name. d. No, because this is unenforceable by law. 48. By virtue of the existence of an emergency, the authority of an agent is correspondingly enlarged in order ti cope with the exigencies or the necessities of the moment. a. Implied agency b. Agency by estoppels c. Agency by necessity d. Agency by ratification 49. One of the following is not a requisite if agency by necessity. a. Existence of a very urgent situation. b. Agent cannot communicate with the principal c. The additional power is for the protection of the principal and agent. d. The authority ceases immediately when no longer needed. 50. Goblin appointed Grim Reaper as agent to sell his house and lot for P2 < on instalment basis, Grim Reaper, however, was able to sell it for the same price in cash. a. Grim Reaper is liable to Goblin for damages due to bad faith. b. Grim Reaper is liable to Goblin because he had exceeded his authority. c. Grim reaper is not liable to Goblin 51. Yong authorized Jong to sell his electric typewriter. He instructed Jong to sell it for P5,000. Jong offered the lectric typewriter to Jung, who agreed to buy it for P6,000. Which of the following statement is false? a. Jong cannot sell it to Jung because the instruction of Yong is to sell it for P5,000 only. b. Jong can sell it and deliver for P6,000 but he is required only to remit P5,000. c. Jong should inform Jung that the selling price of the electric typewriter is P5,000. d. Jong can sell it to Jung and deliver the total purchase price to Yong. 52. Spongebob appointed Patrick to sell his car in cash for P1M. Patrick sold for P1.5 M on straight term with a downpayment of 50% and the balance after delivery of the car. The contract of sale us a. Void sale because it was not made in cash as instructed by Spongebob. b. Unenforceable sale because Patrick exceeded his authority. c. Voidable because the buyer was misled as to the price of the car. d. Valid because Patrick did not exceeded his authority since the contract was advantageous to the principal. 53. An agent with a general powers of administration, desirous of improving the financial condition of his principal’s business, sold a piece of land belonging to his principal for P1,000,000 which is double the price that appeared in an inventory prepared by the principal before leaving the place. a. The sale is valid because it is obviously to the advantage of the principal. b. The sale is valid because no prohibition was emphasized to sell the property. c. The sale is not valid because there was no clear instruction from the principal to sell the land. d. The sale is not valid because an agent with powers of administration cannot perform an act of strict dominant without a special power of attorney. 54. Minam appointed Shin to manage his businesses in the Philippines while he was in abroad. Upon Minan’s return he noticed that his 2006 Toyota Innova car was sold by Shin to Lee in amount of P500,000 and the registration has been transferred to Lee although there was still a balalnce amounting to P100,000. Minam demanded from Lee the payment of the balance where Lee paid him. In this case a. The sale of the car is not valid because Shin acted beyond the scope of his authority. b. The sale is valid because it has been ratified by Minam. c. The sale is unenforceable because Shin is not armed with a special power of attorney. d. The sale is voidable which can be ratified by Minam. 55. Mitch appointed George as his agent to a