25. Which of the following rights of an unpaid seller cannot concur in the same moment?

A. Possessory lien and Resale

B. Possessory lien and Rescission

C. Possessory lien and Stoppage in Transitu

D. Stoppage in Transitu and Resale

ALL ANSWERS SHOULD BE CORRECT. I WILL GIVE DISLIKE TO WRONG ANSWERS

27. A delivered perishable goods worth P10,000 to B but B failed to pay within a reasonable length of time. Which of the following is incorrect?

A. No notice shall be required

B. If the goods were resold for P8,000, A can still recover the P2,000 from B.

C. If the goods were sold for P12,000, A is required to remit the excess P2,000 to B.

D. A also has the option to rescind the contract of sale

28. Implied Warranties include all the following, except:

A. Warranty against eviction

B. Warranty against hidden defects

C. Warranty against apparent encumbrances

D. None of the above

29. The following are the requisites to claim damages under the implied warranty against eviction, except:

A. The vendee is deprived of the whole or part of the thing purchased.

B. The deprivation shall be by virtue of a final judgment.

C. The deprivation was based on a right prior to the sale or an act imputable to the vendor.

D. The vendee must have appealed the case

30. If the seller is in good faith, and the buyer executed a waiver not knowing the risk of eviction, the liability of the seller in case of eviction would be composed of:

I. Value of the thing sold at the time of eviction

II. Income or fruits, if he has been ordered to deliver them to the party who won the suit against him

III. Costs of the suit which caused the eviction, and, in a proper case, those of the suit bought against the vendor for the warranty

IV. Expenses of the contract, if the vendee has paid them

V. Damages and interests and ornamental expenses

A. All of the above

B. None of the above

C. I only

D. All except V

31. Remedies of the vendee in case of sale of animals with redhibitory defects are similar to the remedies for breach of warranty against hidden defects; but he must make use thereof within the same period which has been fixed for the exercise of the redhibitory action which is:

A. 10 years

B. 4 years

C. 1 year

D. 40 days

32. The seller may be liable for breach of warranty in the following cases, except:

A. When there is no mention in the agreement as to an existing encumbrance

B. In case of a paved right of way existing prior to the sale

C. When the encumbrance is not registered in the title

D. None of the above.

33. The period to file the action in case of breach of warranty against non-apparent encumbrances:

Rescission

Damages

A.

1 year from discovery

1 year from discovery

B.

1 year from execution of the deed

1 year from execution of the deed

C.

1 year from execution of the deed

1 year from discovery

D.

1 year from discovery

1 year from execution of the deed

34. The buyer shall be deemed to have accepted delivery in the following cases, except:

A. He intimates to the seller that he has accepted the thing

B. He does any act which is inconsistent with the ownership of the seller

C. After the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them.

D. None of the above

26. Insolvency of the buyer is a requisite in which of the following right of an unpaid seller?

A. Possessory Lien

B. Stoppage in Transitu

C. Resale

D. Rescission