CHAPTERIV.-OBLIGATIONS OF THE VENDOR
Multiple Choice
PartI
1.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
2. It is an act by which one party parts with the title to and the possession of
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
to C who
3. S sold a parcel of land to B. Subsequently, S sold the same land
immediately took possession of the land. In this case, the proper remedy of B
is:
of
A. Ask for the rescission of the sale because it is in fraud
creditors
contract
B. Institute an action for damages against S for breach of
by
C. File an action for rescission of the sale to Cdue to damage suffered
him
land
D. File an action in court against Cto recover the
of 1,000,000. The
4. Aseller sold to a buyer a specific parcel of land at a price
and deliver
contract provides that the buyer will pay the seller cash 400,000
the buyer's car worth 600,000. The contract is:
A. barter
B.
C.
D,
sale
contract to sell
mutuum
5. It is a delivery by operation of law.
A. Real delivery
B. Actual delivery
C. Legal delivery
D. Quasi-traditio
6. Quasi-delivery is the delivery of rights, credits, or incorporeal
o
which is made by:obe
A. Execution of publicinstrument
B. Placing of titles of ownership in the hands of buyer
C. Allowing buyer to make use of rights
D. Issuance of delivery receipt
7. When the sale is made through a public instrument.
A. Legal formalities
B. Symbolical tradition
C. Traditio simbolica
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property
CHAPTER IV - OBLIGATIONS OF
THE VENDOR.
manu
Traditio
D.delivers
8. A
Bhislonga
parcel
lof land worth 1,000,000 in exchange for the car of
worth 500,000 and cash in the amount
of 500,000. The contract is:
A. Barter
B. Sale
C. Partly barter partly sale
D.
Innominate contract
9. The parties use a symbol to represent
the thing delivered.
A. Legal formalities
B. Symbolical tradition
C.
Traditio brevi manu
D. Traditio longa manu
10.On January 2, 2021 Ssold to Bhis only car with the payment to be made on
January 10, 2021. However, on January 6, 2021, S sold the same car to C wh
immediately took possession thereof. Decide:
A.
Bcan file an action to rescind the sale
B. Bmay recover the car from Cbecause the former was first buyer
C. Bmay claim damages from Sfor breach of contract of sale
D. Bcan file an action to annul the sale
11. This is opposite of constitutum possessorium
A. Legal formalities
B. Symbolical tradition
C.
Traditio brevi manu
D. Traditio constitutum possessorium
12. The delivery consists in the owner'scontinuous possession of the property
he had already sold to another person but his present possession is no longer
that of an owner but under another capacity, like that of a lessee.
A. Legal formalities
B. Symbolical tradition
C. Traditio brevi manu
D. Traditio constitutum possessorium
S
13. 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. The owner is:
A. Dis the owner for he was the first
registrant in good faith
B.
Bis the owner because the owner is his
seller
C. Sremains to be the owner
D. Sis still the owner because Bdid not
register the sale
14.The following are the obligations of the vendor,
A. To transfer ownership of the thing sold at except:
the time of meeting of tu
mindsuc
B. To deliver the thing
C.
Towarrant the object sold against eviction and hidden defects
D. To take care of the object sold pending
delivery
15. The following are the obligations of the vendor,
except:
A. To deliver the thing
B. Towarrant the object sold against eviction and hidden
defects
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CHAPTER IV--OBLIGATIONS OF THE VENDOR
c To take care of the object sold
delivery
n To pay for the expenses for pending
the execution and registration of the
contract of sale only if stipulated
r Scold to A in a deed of sale his parcel of land.
S sold the same
tend toBin another deed of sale who was aware Afterwards,
of the sale to A. Bthereafter
took possession thereof and registered the sale in his name. The parcel of
Jand 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
17. Actual delivery of a thing sold occurs when it is placed under the control
nniand possession of the vendee.
A. Real delivery
B. Constructive delivery
C. Delivery by operation of law
D. Other kinds of delivery as intended by the parties
18.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
contracting parties,
a 19.The delivery is by mere consent or agreement of the
the need
where the seller points out to the buyer the object of sale without
of actually delivering it.
A. Legal formalities
B. Symbolical tradition
C. Traditio brevi manu
D. Traditio longa manu
already the possession of the
20. This occurs when the would be buyer had of another title which is not
object even before the contract of sale by virtue
pursuant to a contract of
Ownership (like a lessee in a Contract of Lease), and
of an owner (like a buyer
sale, he would now hold possession in the concept
same house).
of a house where he was a former lessee of
A. Legal formalities
B. Symbolical tradition
C. Traditio brevi manu
D. Traditio constitutum possessorium
167
the
CHAPTER IV - OBLIGATIONS OF
THE VENDOR
Part II
of incorporeal
1. The following are modes of delivery
property, except:
of public instrument
A.B. Execution
The placing
ofthe titles ofownershipin the possession of the vende,
rights, with the vendor's consent
his
of
vendee
the
by
use
The
C.
D. Execution of official receipt buyer on approval or on trial or
delivered to the
When goods orareother
2. satisfaction,
similar terms, the ownership therein passes to
buyer:
to the seller.
I. When he signifies his approval or acceptance
transaction.
II. When he does any other act adopting the
if a time hx
II. Ifhe retains the goods without giving notice of rejection, then
time. and
been fixed for the return of the goods, on the expiration of such
if no time has been fixed, on the expiration of a reasonable time.
A. Only I is true
B. Only Iand II are true
C.
I, II, IIIare true
D. I,II, II are false
3.Also called "sale on acceptance"
A. Sale on approval
B. Sale or return
C. Sale by sample
D. Sale by description
4. Anegotiable document of title may be negotiated by delivery:
L.Where by the terms of the document, the carrier, warehouseman or other
bailee issuing the same undertakes to deliver the goods to the bearer.
II. Where by the terms of the document, the carrier, warehouseman or other
bailee issuing the same undertakes to deliver the goods to the order ofa
specified person, and such person or a subsequent endorsee of the
document has indorsed it in blank or to the bearer.
A. Only l is true
B. Only II istrue
C. Both are true
D. Both are false
5. Who can negotiate a negotiable document of title?
A. The owner of the negotiable document of title
B. Any person to whom the possession of the document has be
entrusted by the owner, if by the terms of the document the ba
issuing the document undertakes to deliver the goods to the orde
the person to whom the possession or custody of the document
been entrusted
C. Any person to whom the custody of the document has been entru
by the owner, if at the time of such entrusting the document 0s in s
D.
form thatit may be negotiated by delivery
All of the above
6. The following are the warranties on negotiation of a document ol
except:
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CHAPTERIV - OBLIGATIONS OF THE
VENDOR
A. The document is genuine
B. He has a legal right to negotiate or transfer it
C He has knowledge of no fact which
would impair the validity or
of the document
i D. All of the above.
That he has a right to transfer the possession but not title to the
following are the place of delivery, except:
worth
goods. The
A. The place of delivery agreed upon
B. If there is no agreement, it is determined by 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
8 The seller of goods is deemed to be an unpaid seller:
1When the part or whole of the price has not been paid or tendered.
IL. When abill of exchange has been received as conditional payment, and the
condition on which it was received has been broken by reason of the
dishonor of the instrument.
A. Only Iis true
B. Only IIis true
C. Both are true
D. Both are false
9.The rights of an unpaid seller of goods are the following, except:while he is in
A. A lien on the goods or right to retain them for the price
possession of them
stopping the goods in
B. In case of the insolvency of the buyer, a right of them
transitu after he has parted with the possession of
C. Aright of resale
D. Aright to annul the sale
seller has possessory lien,
10. Under the following circumstances, the unpaid
except:
without any stipulation as to credit
A. Where the goods have been sold on credit, but the term of credit has
sold
B. Where the goods have been
expired
the buyer becomes solvent
Where
C.
D. Where the buyer becomes insolvent
his lien under the following, except:
loses
goods
of
seller
unpaid
The
11.
or other bailee for the purpose
carrier
a
to
goods
the
delivers
the
A. When he
without reserving the ownership in
buyer
the
to
transmission
of
goods
possession of the goods
obtains
lawfully
agent
B. When the buyer or his
C. By waiver
D. None of the above
following, except:
12. Goods are nolonger "in transit" under the goods before their arrival at the
A. If the buyer obtains delivery of the
appointed destination
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CHAPTER IV -
OBLIGATIONS OF THE VENDOR
at the appointed
goods
the
of
arrival
the
afteracknowledges to the seller that heholds thegoods on his behalthe
B. If,carrier
destination,
of them as baílee for
and continues in possession
the seller
appointed destination a
the
at
goods
the
of
arrival
C. If, after the
he holds the goods on k
carrier acknowledges to the buyer that
as bailee for the buver
behalf and continues in possession of them
to deliver the goodes.
D. If the carrier or other bailee wrongfully refuses
the buyer
or having stopped the goods i
13. An unpaid seller having a right of lien following
cases:
transitu may resell the goods in one of the
A. Goods are not of perishable nature
case the bise
B. The seller expressly reserves the right of resale in
should make default
C. The buyer has been in default in the payment of the price for a
D.
reasonable time
None of the above
14. This is opposite of traditio brevi manu.
A. Legal formalities
B. Symbolical tradition
C.
Tradítio brevi manu
D. Traditio constitutum possessorium
15. 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 where
the movable sold is being kept
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
constitutum possessorium if the
possession of the object even before the sale buyer already nau
16. There is no transfer of ownership
A. Sale or return
notwithstanding delivery of the goods.
B.
Sale on trial
C. Sale by sample
D. Sale by description
17. Asold his land to B. Later, A
sold the same land to C. Bin turn,
landto D,who took possession
the Sa
of the land in good faith. C, sold
a
good faith, registered the sale in his
purchasel
favor. Decide.
A. Bis the owner of
the land because he was the
B. Cis the
first buyer
owner of land having registered the
C. Dís the owner ofthe
sale in good faitn
the land
D. Dis the owner
18. The following are because he is in good faith
examples of document of title to goods,
A. Negotiable instrument
except:
B. Billof lading
C.
Dock warrant
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CHAPTER IV- OBLIGATIONs OF THE
VENDOR
D. Warehouse receipt
49. Who pays for the expenses of putting the
goods
A. Seller
into a deliverable state?
B. Buyer
C. None of the above
D.
Allof the above
20...A sold to Bin writing aparcel of land for Php 5, 000.00. Bnow
wants Ato
nlace the contract in a public instrument so that B could
register the sale
with the Registry of Deeds and secure the Transfer Certificate
of Title in his
name. Decide:
A.
Amay not be forced or compelled to execute the public
instrument
since the sale is unenforceable.
B. Ahas the obligation to execute the public instrument because the
contract of sale is enforceable.
C. A
cannot be required to place the contract in anotarized deed of sale
because the contract is voidable.
D. Acan be required to execute the public instrument only if Bhas fully
paid the purchase price.
Part III
1. Abought a pair of shoes from a store. The shoes did not belong to the store
but acustomer who had left the same for repair. Did Aacquire good title to
the shoes?
A. No, because Abought 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.
2. In a sale of immovable by the unit, that is, at a stated rate per unit area.
I.If thevendor delivers less than the area agreed upon, the vendee may oblige
for
the vendor to deliver all that may be stated in the contract or demand
the proportionate reduction of the purchase price if delivery is
not
possible.
in the contract, the vendee
I. If the vendor delivers more than the area stated
accept the
agreed upon or to
has the option to accept only the amount
additional area at the contract rate.
Whole area, provided he pays for the
A. Only I is true
B,
Only Ilis true v e 0 d a s a t
C Both are t r u e 4
D. Both are false
tft at
eg
3.The requisites of double sale are the following, except:
A Two or more valid contract of sale
over the rightful ownership of
odds
at
are
who
buyers
more
or
D Two
interests
the object must represent conflicting
same object
They must pertain exactly to the
seller
different
D. They must be bought from the without notice that some other person
4. Is one who
buys property of another
fulland fair price for
a
pays
and
property
has 3t to, or interest in, such
171
CHAPTER IV - OBLIGATIONS
OF THE VENDOR
before he has notice oftthe
or
purchase,
such
of
time
the same at the
property.
interest of some other person in the
claim
A. Purchaser in good faith
B. Buyer in bad faith
C. Seller in good faith
in bad faith
Seller
D. any
5. Itis
affirmation
of fact or any promise by the seller relating to the thing
promise is to induce the hum
if the natural tendency of such affirmation or the thing relying thereon
to purchase the same, and if the buyer purchases
A. Express warranty
B. Implied warranty
C. Condition
D.
None of the above
6. Is a statement or representation made by the seller of goode
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
7. Is that which the law derives by application or inference from the nature of
the transaction or the relative situation or circumstances of the parties,
irrespective of any intention of the seller to create it.
A. Express warranty
B. Implied warranty
Condition
C.
D.
None of the above
8. The prescriptive period for instituting
actions
on a breach of express
warranty is that specified in the contract, and inbased
the absence of such perio
the general rule on rescission of
contract, which is:
A. 4 years
B. 5years
C. 6 years
D. 10years
9. Asold her specific car to B
for P200, 000 payable in 5
installments. A
equal
delivered the car to Bbut a mortgage
for the unpaid installments. Bpaid was constituted on the car to answ
the first 2 installments but failed to p
the last 3installments. A
the mortgaged
foreclosed
and solditat
public auction for P100, 000.
property
is
VWhich correct?
A. Acan recover
from Bthe balance
of P20, 000
stipulation tothat effect.
even if there is no
B. Acannot recover the
deficiency even if there is stipulation to
contrary.
C.
Acan recover from Bthe
balance of P20, 000 if there is stipulationto
that effect.
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CHAPTERIIV- OBLIGATIONS OF THE VENDOR
D A
cannot recover the deficiency except if
effect.
there is stipulation to that
an The waiver is made by the vendee without the knowledge of
the risk of
eviction. The vendor shallonly pay the value which the thing sold had at the
time of eviction.
A. Express waiver
B. Implied waiver
C. Waiver consciente
D. Waiver intencionada
11.The waiver is made by the vendee with the knowledge of the risk of eviction
and assumed its consequences. The vendor shall not be liable.
A. Express waiver
B. Implied waiver
C. Waiver consciente
D. Waiver intencionada
12. In case eviction occurs, the vendee shall have no right to demand of the
vendor one of the following:
A. The return of the value which the thing sold had at the time of the
eviction, be it greater or less than the price of the sale
B. The income or fruits, if he has been ordered to deliver them to the
party who won the suit against him
C. The costs of the suit which caused the eviction, and, in a proper case,
those of the suit brought against the vendor for the warranty
them
D. The expenses of the contract, if the vendor has paid
against hidden
13. One of the following is not a requisite for breach of warranty
defect:
A. The defect must be hidden.
of the contract of sale.
B. The defect must exist at the time of delivery
the use for which it is intended.
C. The defect renders the thing unfit for
D. Itmust be instituted within the prescriptive period.
in
lien or having stopped the goodsthe
14. An unpaid seller having the right oftitle
in
ownership
and resume the
transitu, may rescind the transfer of
goods:
to do so
A. The seller did not expressly reserve the right
the payment of the price for an
B. The buyer has been in default in
unreasonable time
C. Goods are of perishable nature
D. None of the above
has
deliver the thing sold because the vendee
to
bound
not
is
vendor
The
13.
the following instances, except:
lost the right to make use of the term in contracted, the vendee becomes
been
When after the obligation has
or security for the debts
Insolvent, unless he gives a guaranty
furnish the guaranties
B. When the vendee does not
guaranties or securities
said
impaired
has
C. When by his own acts he
through a fortuitous even they
when
and
establishment,
after their
gives new ones equally
immediately
vendee
the
disappear, unless
satisfactory
173
THE VENDORi
OF
OBLIGATIONS
CHAPTER IV
D. When the vendee violates any undertaking, in consideration of whic
the period
to
seller agreed
16. Thetheprinciple
of double
sale is not applicable in the following, except:
A.
The two different contracts of sale are made bytwo different persons
property sold
one of them not being the owner of the
B. Where one of the contract of sale is a forgery
C. Where one of the contract of sale is genuine and the other is a
genuine
D. Where one of the contract of sale is subject to a suspensive conditon
which was not complied with and the other is an absolute sale
17. The following are the rules in case of double sale 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
18.As for actions based on breach of implied warranty, the prescriptive period
is,warranty against hidden defects of 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
D. 6 months from the date of perfection
19. It shall take place whenever bydelivery
a final judgment based on a right prior to
the sale or an act imputable to the vendor,
whole or of a part of the thing purchased. the vendee is deprived of the
A. Eviction
B.
Hidden defect
C. Redhibitory defect
D. All of the above
20. In order that a vendor's
liability for
requisites must concur, except:
eviction may be enforced, the follown;
A. There must be a
final judgment.
B. The purchaser has
been deprived of only the whole of
C. Said deprivation was
the thing soa
by virtue of a right prior to
vendor.
the sale made by ui
D. The vendor has
been summoned and made
eviction at the instance
co-defendant in the su
of the
vendee.
174