16. 17. 18. 19. 20. 21. 22. This refers to a contract of sale that contemplates contingency or is subject to a condition. It follows then that the delivery of the determinate thing does not necessarily transfer ownership unless the contingency or condition is fullled. Select one: A. Absolute B. Conditional C. Bilateral D. Causal The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another, except: A. The guardian, the property of the person or persons who may be under his guardianship: B. Agents, the property whose administration or sale may have been entrusted to them, unless the consent of the principal has been given; C. Executors and administrators. the property of the estate under administration D . Husband and Wife. Under the the sale involving the following must be in writing to be enforceable: Sale of real property or of any interest therein (regardless of the price). Sale of goods, chattels or things in action. the price of which is P500.00 or more. (Art. 1403) Things in action include credit, shares of stock and other incorporeal properties. Select one: A. Contract B. Statute of Frauds C. Law D. Agreement The sale of animals suffering from contagious diseases shall be . Select one: A. Valid B. Voidable C. Rescissible D. Void Aguilar sold to Beddie his dog with the agreement that delivery shall be after one week from sale and the payment of the price after two weeks from delivery. If the dog shall produce offspring. it shall belong to: A. If produced before the sale, it shall pertain to the seller B. If the puppy shall exist before the actual delivery. it shall pertain to the seller C. The fruits that shall exist after delivery will only be the ones to pertain to the buyer D. The fruits after the sale but before delivery shall pertain to the buyer if so stipulated by the parties to the sale. Statement 1. Gross inadequacy of price does not affect a contract of sale. Statement 2. If the price is simulated. the sale is void. A. Both statements are true B. Both statements are true C. Statement 1 is true. Statement 2 is false D. Statement 1 is false. Statement2 is true. A thing is when it is particularly designated or physical segregated from all other of the same class. A. Classied B. Deten'ninate C. Licit 23. 24. 25. 2B. 27. 2B. 29. D. Indeterminate Statement 1: The vendor is bound to transfer the ownership of and deliver. as well as warrant the thing which is the object of the sale. Statement 2: The ownership of the thing sold is acquired by the vendee from the moment it is delivered to him. Select one: A. True; True B. True; False C. False; True D. False; False Goods are from the time when they are delivered to a carrier by land, water, or air, or other bailee for the purpose of transmission to the buyer, until the buyer, or his agent in that behalf, takes delivery of them from such carrier or other bailee. Select one: A. For Delivery B. In Transit C. For Transfer D. No Longer in Transit Sister offered his car to Brother for P1 M and giving the latter one week to decide. Brother in tum gave Sister P2,000. In this case, there is A. Contract of option with the P2.000 as option money B. Contract of sale of the car with the P2,000 as earnest money C. Contract to sell of the car at Brother's option D. Contract to sell of the car at Sister's option A document of titte in which it is stated that the goods referred to therein will be delivered to the bearer. or to the order of any person named in such document is called A. Negotiable document of title B. Non - negotiable document of title C. Bearer instrument D. Payee instrument Whenever 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. Select one: A. Option Money B. Earnest Money C. Downpayment D. Reservation Fee Statement 1: The vendor is bound to deliver the thing sold and its accessions and accessories in the condition in which they were upon the perfection of the contract. Statement 2: All the fruits shall pertain to the vendee from the day of delivery. Select one: A. True: False B. True; True C. False; True D. False; False The vendor shall be responsible for which the thing sold may have. should they render it unt for the use for which it is intended. or should they diminish its tness for such use to such an extent that, had the vendee been aware thereof, he would not have acquired it or would 1. Statement 1: In contract of sale, the goods are received by the owner. Statement 2: In agency, the goods are received by the agent as the owner. Select one: A. ane; True B. False; True 0. Tme; False D. False; False If the consideration of the contract consists partly in money, and partly in another thing, the transaction shall be characterized by the manifest intention of the parties. Statement 1. It shall be considered a barter if the value of the thing given as a part of the consideration exceeds the amount of the money or its equivalent. Statement 2. It shall be considered a sale if the value of the thing given as a part of the consideration exceeds the amount of the money or its equivalent. Select one: A. Tme; False B. Tme; Tme C. False; True D. False; False In , the lessor merely transfers the temporary possession of the property. As distinguished from a contract of sale, wherein the ownership is transferred from the vendor to the vendee. Select one: A. Barter B. Agency 0. Lease D. Sell Simoy transferred to Petey the ownership of his car, worth P500,000.00 in consideration of the amount of P240,000.00 plus a hand tractor worth P260,000.00. The contract between them is actually a form of: A. Partly sale and partly barter B. Sale 0. Commodatum D. Barter 29. 30. ================================END___________________________________ The vendor shall be responsible for which the thing sold may have. should they render it unt for the use for which it is intended. or should they diminish its tness for such use to such an extent that. had the vendee been aware thereof. he would not have acquired it or would have given a lower price for it; but said vendor shall not be answerable for patent defects or those which may be visible. or for those which are not visible if the vendee is an expert who. by reason of his trade or profession. should have known them. Select one: A. Warranty against eviction B. Warranty against the hidden defects C. Warranty against the obvious defects D. Warranty against non eviction By substance, what is being sold is not really the mere hope or expectancy, but the thing that will come into existence. Select one: A. Emptio spei B. Emptio rei speratae C. Conditional D. Absolute 10. A contract is where the same is without cause or consideration in that the purchase price. which appears in the Contract as paid but was never actually paid in full by the buyer to the seller. Select one: A. Voidable B. Rescissible C. Void D. Valid. Statement 1. In contract to selll title passes to the buyer upon the delivery of the thing. Statement 2. In contract to sell, title remains in the vendor until the vendee has paid the full price thereof. Select one: A. Both statements are true B. Both statements are false C. Statement 1 is false. Statement 2 is true D. Statement 1 is true. Statement 2 is false In obligation. Select one: A. Deposit B. Dacion en Pago C. Cession in payment D. Assignment of Property the payment of a property to the creditor in satisfaction of the debtor's Ann mortgaged his house to Boy to secure his loan amounting to P1,500,000.00. Due to the negligence of the typist, the document signed by Ann and Boy shows that the house of Ann was sold to Boy for P1 ,050,000.00 only. Which of the following statements is correct? A. The contract of sale between Ann and Boy rescissible because of the damage suffered by Ann B. The contract of sale between Ann and Boy is relatively simulated C. The contract of sale between Ann and Boy is voidable because there is a mistake D. The contract of sale between Ann and Boy may be reformed One of the following contracts is not vitiated by intimidation or violence and hence. valid. Which is it? Select one: A. A contract of sale which was signed by a party because his arm was being twisted by a third person. B. A contract of sale which was entered into because the other party was pointing a gun at his wife. C. A contract where a party was compelled to assign his property to the other to pay a just debt because the latter threatened to sue him in court if he does not pay his debt. D. A contract of donation of a parcel of land which a party signed because the other party threatened to bum his house. A contract where the things transferred is not in existence and which never would have existed but for the order of the party desiring to acquire it. Select one: A. Job Order Contract B. Contract for Piece of Work C. Made to Order Contract D. Contract to Sell 11. 12. 13. 14. 15. Toy sold the car of Poy without authority. When the buyer Moy demanded for the key of the car from Poy, after paying the purchase price, Poy gave the key of his car to Moy. The sale made by Poy to Moy is valid while an agency between Poy and Toy is created by: A. Estoppel B. Contract C. Operation of law D. Ratication. Condo Shoe Store entered into a separate contract with two movie stars. Lee and Cornejo. With Lee the agreement was that the Shoe Store shall deliver at a specied date for a price of P 1,000 a pair of shoes of a specied brand which the store had been manufacturing for the general public but which at the time of the contract had already been sold out, and with Comejo, the agreement was that the store shall deliver at a specied date for a price of P2,000 a pair of shoes to be made especially for her, in accordance to the design submitted by her. Which of the following is tme as to the nature of the contracts? A. The nature of Cornejo's contract is a contract of sale, since there is already meeting of minds of Mo parties, object and consideration of which are the essential requisites of a contract. B. Lee's contract of sale is invalid, since the object is not available, which is one of the essential requisite of valid contract. C. Lee's contract is a contract of piece of work since the thing transferred is one which would have existed and been the subject of sale to some other person. even if the order had not been given. D. Comejo's contract is a contract of piece of work since the thing transferred which never would have existed but for the order of the party desiring to acquire it. Dacion en Pago differs from a Sale in the sense that in latter A. The obligation is extinguished once the offer is accepted B. There is less freedom in the determination of the price of the object C. The cause of the contract is the price D. There is pre-existing credit between the parties In the case of , there may be a sale of an undivided share of a specic mass, though the seller purports to sell and the buyer to buy a denite number, weight or measure of the goods in the mass, and though the number, weight or measure of the goods in the mass is undetermined. Select one: A. Existing goods B. Future goods C. Fungible goods D. Goods for sale On September 21, 2019, Piolo agreed to sell his only carabao to Sam and Sam agreed to pay the price of P25,000 if Sam will pass the October 2019 CPA Examination. The list of successful examinees was released on October 21, 2019 and Sam is one of those who passed the examination. As a result A. Piolo is entitled to the P25,000 price plus interest beginning September 21, 2019. B. Sam is entitled to the carabao and its fruits beginning September 21, 2019 C. Piolo shall deliver the fruits of the carabao, and Sam shall pay the interest on the price beginning September 21, 2019. D. Sam is entitled to the carabao beginning September 21 . 2010 and to its fruits beginning October 21 , 201 9