Rescind The Sale Should The Vendee Fail To Pay Any Installment. (X)
Rescind The Sale Should The Vendee Fail To Pay Any Installment. (X)
In a contract of sale of personal property, the price of which is payable in installments, the vendor
may exercise any of the following remedies, except:
Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee's
failure to pay cover two or more installments.
Cancel the sale, should the vendee's failure to pay cover two or more installments.
Rescind the sale should the vendee fail to pay any installment. (x)
2. If stipulated, vendee is bound to accept delivery and to pay the price at the time and place
designated.
If only time for delivery of the thing sold has been fixed in the contract, vendee is required to pay even
before the thing is delivered to him. (x)
If no stipulation as to the place of payment and delivery, vendee to pay at the residence of the vendor.
3. Vendee is not required to pay the price before the thing is delivered in the absence of an agreement
to the contrary.
If S was borrowing money from B, with mortgage of his house as security, and B was buying the house of
S with right of S to repurchase. Here, the proper remedy is: Group of answer choices
Annulment
Reformation (x)
Rescission
Cancellation
4. An owner of a rural land has the right of legal redemption of an adjoining rural land sold if the
following requisites are present, except when:
the adjoining rural land is not separated by any apparent servitudes for the benefit of other estates.
5. Mr. Robles sold his only car to Mr. Roxas for P600,000. There was no agreed date for delivery and
payment. The obligation of Mr. Robles as seller is:
6. A buyer ordered 5,000 apples from the seller at P20 per apple. The seller delivered 6,000 apples.
What are the rights and obligations of the buyer?
He can accept all 6,000 apples and pay a lesser price for the 1,000 excess apples.
He can keep the 6,000 apples without paying for the 1,000 excess since the seller delivered them
anyway.
He can cancel the whole transaction since the seller violated the terms of their agreement.
He can accept all 6,000 apples and pay the seller at P20 per apple. (x)
7. A person who for value negotiates or transfers a document of title by endorsement or delivery,
including one who assigns for value a claim secured by a document of title unless a contrary intention
appears, warrants the following, except one. Which is it?
That he has a right to transfer the title to the goods and that the goods are merchantable or fit for a
particular purpose.
That he has knowledge of a fact which would impair the validity or worth of the document. (x)
Yes, because although the title of B was voidable, T acquired the wristwatch in good faith, for value,
and without notice that the title of B was defective. (x)
9. The ownership passes to the buyer on delivery, but he may revest the ownership in the seller by
returning or tendering the goods within the time fixed in the contract, or, if no other time has been
fixed, within a reasonable time.
Sale on approval
Sale on satisfaction
Sale on trial
10. This is a contract or receipt for the transport of goods and their delivery to the person named
therein, to order, or to bearer.
Dock warrant
Airway bill
Quedan
Warehouse receipt
11. Which of the following obligations of the vendor cannot be waived?
12. A contract whereby one of the contracting parties obligates himself to transfer the ownership and to
deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent:
Guaranty
Barter
Deposit
Sale (x)
14.This is a remedy where a written instrument is made to express or conform to the real intention of
the parties when such intention is not expressed in the instrument.
Rescission
Reconsideration
Revision
Interpretation
Reformation (x)
15. The principal obligations of the vendor are, among others, except:
16. S sold his land (not registered) with a right to repurchase within two (2) years to B. If before two
(years) B sold the same land to C, a purchaser for value and in good faith:
S cannot repurchase the property from C because no right was mentioned in the sale between B and C.
S may still repurchase the property from C even if in the sale between B and C, no mention was made
of the right of S. (x)
17. A period when a buyer can exercise his right to either rescind the contract or ask for a proportionate
reduction of the price in “sale of real estate made for a lump sum” if there is a mistake in the area.
19. Although lacking in some formality, forms and words or other requisites demanded by a statute,
nevertheless reveals the intention of the parties to charge a real property as a security for a debt and
contains nothing impossible or contrary to law.
Chattel mortgage
Real mortgage
Antichresis
20. Statement 1 – The fixing of price can be left to the discretion of one of the contracting parties.
Statement 2 – If price fixed by one of the parties is accepted by the other, sale is perfected.
Statement 4 – If the thing or any part thereof has been delivered to and appropriated by the buyer, he
must pay a reasonable price therefor.
22. Knowing that the car had a hidden crack in the engine, X sold it to Y without informing the latter
about it. In any event, the deed of sale expressly stipulated that X was not liable for hidden defects.
Does Y have the right to demand from X a reimbursement of what he spent to repair the engine plus
damages?
Yes, since the defect was hidden; X knew of it but he acted in bad faith in not disclosing the fact to Y.
(x)
23. S, owner of a rent-a-car business, leased one of his cars to B for one month. On the day of the
expiration of the lease and while B was still in possession of the car, B offered to buy the car from S for
P200.000. S readily accepted B's offer and then and there executed a deed of absolute sale in favor of B
who immediately paid the price in cash. Thereafter, B drove away from place of S.
There was no delivery because B should have turne over the possession of the car to S upon the
expiration of the lease so that S could make the proper delivery to him upon the execution of the
contract of sale.
With fraudulent intent, S knowing the inadequacies of B with respect to numbers wrote 1,000 square
meters instead of 10,000 sq. meters. The sale is –
void
25. Abel, Ben, and Cain are co-owners of an undivided parcel of land. Ben sold his 1/3 interest to Cain
absolutely. Which is correct?
Abel cannot exercise his right of redemption because the sale was made in favor of a co-owner. (x)
The sale made by Ben to Cain is void because it was not made in favor of a stranger.
Abel may exercise his right of redemption on the interest sold by Ben to Cain.
Abel may redeem only 1/4 of the interest sold by Ben to Cain.
26. S offers to sell his car to B for P200,000. B asks S to show him the car. Later, S brings the car and
shows it to B. B offers to pay P160,000 for the car. Here, the stage of the contract is on:
Conclusion
Consummation
Preparation (x)
Perfection
27. Where it is stipulated that the repurchase of the property sold could be made at any time, the
repurchase shall be exercised:
None of them
28. As security for a loan, S mortgaged his house to B. Both parties intended to enter into a mortgage
contract but the instrument as written states that the house is sold by S to B with a right to repurchase.
Here, the proper remedy is:
Rescission
Reformation (x)
Cancellation
Annulment
Notarization
Right of resale
30. This refers to any representation made by the seller of the thing with respect to its character,
quality, or ownership, by which he induces the buyer to purchase the same relying on said
representation.
Guaranty
Assurance
Warranty (x)
Guarantee
31. Three (3) of the following must be given by the seller to the buyer if redemption is to be made.
Which is the exception?
Damages (x)
32. A contract whereby a person binds himself to render some service or to do something in
representation or on behalf of another, with the consent or authority of the latter.
Partnership
Agency (x)
Agency to sell
Piece of work
33. In sale, the thing sold is considered the equivalent of the price paid and vice versa. This
characteristic of a sale is:
Onerous
Bilateral
Commutative (x)
Consensual
34. The following are examples of documents of title to goods. Which is the exception?
Warehouse receipt
Check (x)
Bill of lading
Dock warrant
35. Three (3) of the following are elements of the vendor's right of stoppage in transitu. Which is the
exception?
36. It takes place when the vendor reserves the right to repurchase the thing sold with the obligation of
returning to the vendee the price of the sale, the expenses of the contract, and the necessary and useful
expenses made on the thing sold.
Equity of redemption
Right of repurchase
Legal redemption
37. X, without the authority of Y, owner of a car, sold the same car in the name of Y to Z. The contract
between X and Z is:
unenforceable because X had no authority but he sold the car in the name of Y, the owner.
38. The wife during the marriage sold under pacto de retro her paraphernal property consisting of a
house and lot. A few weeks later, she died. The husband thereupon repurchased the property with his
exclusive capital. To whom will the property belong?
The property will belong to the heirs of the wife excluding the husband.
The property will belong to the heirs of the wife, one of whom is the husband himself. (x)
39. Contracts entered into by minor and other incapacitated person (insane or demented persons, deaf-
mutes who do not know how to write):
Void
Valid
Unenforceable (x)
Voidable
40. A sold to B the former's horse for P50,000. No date is fixed by the parties for the performance of
their respective obligations. The obligation of A is:
To deliver the horse within a reasonable time of two months from the contract of sale.
To rescind the contract as there is no time fixed for the delivery and payment.
By public officers and employees over the property of the State which has been in trusted to them.
43. S agreed to sell B his dog. Before the actual sale takes place, the dog dies through no fault of S.
Statement 1. The death of the dog before ownership passed excuses performance.
Statement 2. If the dog had died after ownership had passed, the loss would be B’s.
44. This is the transfer of possession of an instrument, whether voluntary or involuntary, by a person
other than the issuer to a person who thereby becomes its holder:
Negotiation (x)
Delivery
Assignment
Endorsement
45. A offered to sell his land to C for P300,000. C accepted the offer and paid A The purchase price. A
delivered the owner’s duplicate of the Transfer Certificate of title of the land. C wants to register the
land in his name but the Register of Deeds asks C for the Deed of Sale. What can C do?
He may compel A to execute the Deed of Sale because the contract is valid. (x)
46. This includes any bill of lading, dock warrant, “quedan,” or warehouse receipt or order for the
delivery of goods, or any other document used in the ordinary course of business in the sale or transfer
of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize
the possessor of the document to transfer or receive, either by indorsement or by delivery, goods
represented by such document.
48. A offered to sell to B a parcel of land at a specified price. A gave B 60 days within which to accept the
offer. B agreed to the period.
A offered to sell to B a parcel of land at a specified price. A gave B 60 days within which to accept the
offer. B agreed to the period.
No withdrawal can be made before sixty days because the period is binding.
Conclusion
Consummation (x)
Preparation
Perfection
50.This is the right to be subrogated, upon the same terms and conditions stipulated in the contract, in
the place of one who acquires a thing by purchase or dation in payment, or by any other transaction
whereby ownership is transmitted by onerous title.
equity of redemption
equitable mortgage
conventional redemption
51.S, a minor, sold his car to B, a person of majority age. B, in turn, sold the car to C who acted in good
faith. Which of the following statements is false?
The sale between S and B is deemed valid until annulled by a proper action in court.
Transferred to the buyer upon constructive or actual delivery of the thing sold. (x)
53. The vendor a retro, if he wants to redeem, must give to the buyer the following, except:
54. When, after the lapse of a reasonable time, the buyer retains the goods without intimating to the
seller that he has rejected them, there is:
Implied acceptance
Non-acceptance
Express acceptance
55.This is a judicial process whereby the vendee is deprived of the whole or part of the thing purchased
by virtue of a final judgment based on the right prior to the sale or an act imputable to the vendor.
Execution
Ejectment
Encumbrance
Eviction (x)
Attachment
56. When a small quantity is exhibited by the seller as a fair specimen of the buIk, which is not present
and there is no opportunity to inspect or examine the same.
Sale on return
Sale by trial
Sale by description
57.A contract whereby one of the parties binds himself to give one thing in consideration of the other’s
promise to give another thing.
Mutuum
Commodatum
Sale
Barter (x)
A lien on the goods or the right to retain them for the price while he is in possession of them.
In case of insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the
possession of them.
A right to rescind.
59. I. The creditors of the vendor cannot make use of the right of redemption against the vendee, until
after they have exhausted the property of the vendor.
II. The vendor may bring his action against every possessor whose right is derived from the vendee, until
after they have exhausted the property of the vendor.
Only II is true.
8 years
4 years (x)
10 years
2 years
61.Mr. S sold a banana plantation to Mr. B for P3 million although its market value is P20 million. It was
agreed that Mr. S shall remain in possession as lessee of the land and shall be responsible for the real
estate taxes.
62.A contract whereby one person transfers to another his rights and actions against a third person in
consideration of a price certain in money or its equivalent.
Exchange
Consignation
Sale
Mortgage
63. Sison sold a registered piece of land to Bautista on May 1, 2019 in a public instrument. On May 3,
2019, Sison sold in a private instrument the same piece of land to Cruz, who took physical possession of
the land. Neither buyer was aware of the sale made to the other.
Group of answer choices
The land should be divided equally between and Cruz to give effect to both sales.
The land still belongs to Sison, because both sales are void.
64.Statement 1. When there is a contract of sale of specific goods, the seller may, by the terms of the
contract, reserve the right of possession or ownership in the goods until certain conditions have been
fulfilled.
Statement 2. The right of possession or ownership may be thus reserved notwithstanding the delivery of
the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer.
65.General Rule: A person cannot sell what he does not have or own. Which of the following is not an
exception?
Contract for delivery at a certain price of an article which the vendor in the ordinary course of business
manufactures or procures for general market.
66.The following are contracts that require the delivery of the subject matter before a perfected
contract exists. Which is the exception?
68. S sold his car to B. Unknown to both of them, the car has been totally destroyed before they agreed
on the sale.
70. S offered to sell a parcel of land to B orally for P5 million. B accepted orally on November 5, 2018.
71. S sells to B an automobile for P60,000 telling B that it is a 1990 model and is worth about P70,000. B
sees the automobile and after a test run, expresses satisfaction over its condition. The automobile is
really of 1988 vintage and is worth only P50,000. Which of the following statement is correct?
The inducing cause of purchase is the erroneous statement as to its model and value.
72. A contract whereby the parties, by reciprocal concessions, avoid a litigation or put an end to one
already commenced. It is the amicable settlement of a controversy.
Renunciation
Compromise (x)
Waiver
Abandonment
Desistance
73. S sold to B his 5-year old car for P500,000 not aware that its fair market is P650,000.
75. Sergio sold to Bart a specific "fighting cock" by pointing it to Bart. What kind of delivery is effected?
Brevi manu
Quasi tradition
Constitutum possessorium
76. On July 1, 2018, S sold to B 50 units of machines which were scheduled to arrive from Taiwan the
following day on board the vessel MT Taipei. The sale was evidenced by an invoice identifying each
machine by serial number. Each machine was priced at P1,000,000. Unknown to the parties, 30 units
were damaged beyond repair by seawater on June 30, 2018. Based on the foregoing, which of the
following statements is incorrect?
S has no option to rescind the whole contract or payment of the remaining 20 units.
S may require payment of the whole shipment since S was not aware of the damage caused on the
machines at the time of sale. (x)
Agent receives the good but its ownership is retained by the principal.
Agent does not pay the price but simply to account for the proceeds of the sale.
Agent can return the object if he is unable to sell the same to a third person.
78. Luoy is a lessee of a store in a shopping mall. She orally sells/assigns his right to Salome. She then
allows Salome to occupy the stall. The delivery here is called:
Quasi-tradition
79. I. In conventional redemption, if there is no period of redemption agreed upon, it shall last 10 years
from the date of the contract.
II. In conventional redemption, should there be an agreement, the period cannot exceed 4 years.
Only II is true.
Only I is true.
80.A wrote B a letter offering to sell a piece of land. A gave B two months within which to pay the price
of P500,000. After 50 days, A informed B that she is increasing the price of the land to P700,000. Can B
compel A to accept the P500,000 first offered and execute the deed of sale?
No, because B did not signify his acceptance of the offer of P500,000. (x)
Statement 1. If B does not honor the bill of exchange, but wrongfully retains the bill of lading, ownership
remains with the seller.
Statement 2. If B sells the bill of lading to X, X can obtain ownership of the goods if he is an innocent
purchaser.
82. Acceptance by the buyer of the goods is a condition to complete the delivery.
True (x)
False
83. As a general rule, if the thing subject of a contract of sale is lost after perfection but before its
delivery, the risk of loss or deterioration is with the buyer.
True
False (x)
84. The unpaid seller can exercise stoppage in transitu if the buyer is insolvent and the vendor has not
yet parted with the thing sold.
True
False (x)
85. In case of doubt, a contract purporting to be a sale with right to repurchase shall be construed as a
real mortgage.
True
False (x)
86. If a vendor delivers to the vendee goods of a smaller quantity than what he contracted to sell, the
vendee may reject the goods delivered.
True (x)
False
87. The document says “deliver to the order of Mr. X”. To negotiate it, Mr. X must sign his name at the
back and then deliver. Mere delivery without signing is not sufficient.
True (x)
False
88. Payment of the purchase price is essential to the transfer of ownership as long as the property sold
has been delivered.
True (x)
False
89. A non-negotiable document of title cannot be negotiated but can be transferred or assigned by
delivery.
True (x)
False
90. There could be a sale without a price.
True
False (x)
91. The right of the buyer to examine the goods subject of a sale is not absolute.
True
False (x)
92.Gross inadequacy of the selling price affects and, hence, could invalidate a contract of sale.
True
False (x)
93.The right to the fruits of the thing sold belongs to the vendee the moment the obligation to deliver
arises.
True (x)
False
94. In case of doubt, a contract purporting to be a sale with right to repurchase shall be construed not
be regarded as an equitable mortgage.
True (x)
False
95.B buys from S 100 cans of tomato sauce. S delivers only 80 cans. B can reject the goods. But if B
accepts the goods knowing that S cannot deliver the remaining 20, he must pay for the 80 cans at the
fair value of the goods so received.
True (x)
False
True (x)
False
97. Legal redemption by a co-heir can be invoked if there has been an actual partition of the property.
True
False (x)
98. A negotiable document of title was marked “non-negotiable” by the warehouseman. insofar as the
various holders of the note are concerned, the note is still negotiable.
True (x)
False
99. A stipulation that ownership in the thing shall not pass to the purchaser until he has fully paid the
price is invalid.
True
False (x)
100. The expenses for the execution and registration of the sale shall be borne by the vendee, unless
there is a stipulation to the contrary.
True
False (x)
101. If the contract between the parties is a deed of sale with right to repurchase, once the seller a retro
fail to redeem within the stipulated period, ownership thereof becomes vested or consolidated by
operation of law on the buyer.
True (x)
False
102. S sold to B a parcel of land. There was no express stipulation reserving to S the right to repurchase.
In this case, the land is still subject to redemption even if the sale is an absolute and unconditional one.
True (x)
False
103. B imports electric fans from China and specifically asks for 220 volts’ fans. The fans arrived duly
labeled 220 volts and sells them to the public as such. Later, it turned out that the fans have been
mislabeled by the manufacturer and were only good for 110 volts. B is liable to the vendee for any
hidden defects in the thing sold, even though he was not aware thereof.
True (x)
False
104. A co-owner of a thing cannot exercise the right of redemption in case the shares of all the other co-
owners or of any of them, are sold to a third person.
True
False (x)
105. Every delivery transfers ownership.
True
False (x)
True
False (x)
107. A person who does not have actual possession of the thing sold cannot transfer constructive
possession by the execution and delivery of a public instrument.
True (x)
False
108. A document of title contained the following words: “Deliver to the order of X or to the order of the
person to whom this document has been entrusted by X.” Later, X entrusted the document to Y.
True (x)
False
109. In auction, once the bidder has made a bid, he can no longer retract such bid even if there was “no
fall of the hammer” yet.
True
False (x)
110. A stipulation that the installments or rents paid shall not be returned to the vendee or lessee shall
be invalid.
True
False (x)
111. The creditors of the vendor can make use of the right of redemption against the vendee only after
they have exhausted the property of the vendor.
True
False (x)
112. Sale by itself is a mode of acquiring ownership and not merely a title.
True
False (x)
113. The law requires that the vendor must own or have the right to transfer ownership of the property
sold at the time of the perfection of the contract (at the time of sale).
True
False (x)
114. If document is negotiable, the goods can be attached or be levied under an execution without the
document be first surrendered to the bailee or its negotiation enjoined.
True (x)
False
115. Where the seller delivers to the buyer the goods agreed upon mixed with goods of a different
description, the buyer may accept the goods which are in accordance with the contract, and reject the
rest. If the sale is indivisible, the buyer may not reject the whole of the goods.
True (x)
False
116. One who purchases a negotiable document of title issued to a thief acquires no right over the
goods as the thief has no right to transfer notwithstanding that such purchaser is innocent.
True (x)
False
117. A purchaser in good faith for value of the bill of lading or goods from the buyer will obtain the
ownership in the goods although the bill of exchange has not been honored.
True (x)
False
118. In sale of personal property payable in installments, the vendor who opted for foreclosure shall
have further action against the vendee for the recovery of any unpaid balance of the price.
True
False (x)
119.Whenever option money is given in a contract of sale, it shall be considered as part of the price and
as proof of the perfection of the contract.
True
False (x)
120. If Sam orally/verbally sells his parcel of land to Ben, the sale is valid and enforceable.
True
False (x)