Could you please help me with these so I can compare my choices to yours? Thank you.

41. Depositary is liable for the loss of the thing through a fortuitous event when:

a. It is so stipulated

b. If he uses the thing without the depositor's permission

c. If he delays its return

d. All of the above

42. A limited partner is liable as a general partner: I. If he is also a general partner. II. If he participates in the management of the partnership. III. If he allows his surname to be included in the partnership name. The Statement is true with respect to

A. I and II.

B. I and III.

C. II and III.

D. I, II, and III.

43. A hotel or inn keeper does not incur any liability if the loss:

a. Is caused by the guest, his family or servant

b. Arises from the character of thing deposited

c. Is caused by thief or robber using irresistible force

d. All of the above

44. The following are the characteristics of pledge, except:

a. It is a subsidiary contract

b. It is an indivisible contract

c. Ownership is transmitted to the Creditor

d. None of the above

45. A appoints B as his agent to sell his land. Which of the following is valid?

a. The authority of A is oral and B sells the land to C for P50,000.00 in a written contract of sale

b. 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

c. The authority of B from A is by way of letter and B sells the land to C in writing

d. The authority of B is in writing and the sale of the land to C is oral

46. A stipulation whereby the pledge or mortgagee automatically becomes the owner of the thing pledged or mortgaged.

a. Consolidation of ownership

b. Conventional Redemption

c. Consignation

d. Pactum Commissorium

47. Connie transferred to Violeta a parcel of land for the price of P100,000.00; P30,000.00 to be paid in cash for the difference, she will convey her car worth P70,000.00. Assuming that the intention is not clear, what kind of contract is this?

a. Lease Contract

b. Contract of Sale

c. Obligation to sell

d. Barter

48. A mortgaged his residential land to B as a guarantee for the payment of P408,000.00 obligation of A. They agreed that A shall not sell the land while the obligation of A exists. Before maturity of the mortgage, C offered to buy the land from A:

a. A cannot sell the land to C because of the agreement not to sell

b. A can only sell the land to C only if B consents in writing

c. A can sell the land to C despite the agreement not to sell.

d. A cannot sell the land to C unless A pays the obligation.

49. If redemption is made, which of the following will not be paid by the seller to the buyer:

a. Price made by the buyer

b. Expenses in the execution of the sales 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

50. The distinction between a chattel mortgage and a pledge is that in chattel mortgage:

a. The delivery of the personal property is necessary

b. The registration of the property in the Registy of Property is not necessary

c. The excess over the amount due after foreclosure goes to the debtor

d. Answer not given

51. Sale is distinguished from dation in payment in payment is that in Sale:

a. There is a pre-existing obligation or credit

b. The cause is the price

c. It is a mode of extinguishment of obligation in the form of payment

d. Answer not given

52. Which of the following may not be object of a contract of sale?

a. Things with potential existence

b. The sale of a vain hope or expectancy

c. Future goods

d. Goods still to be manufactured

53. B pledged his 24 k gold necklace to C for P4,000.00. B failed to pay C the P4,000.00, on due date. C sold the gold necklace at a public auction to the highest bidder for P3,500.00.

a. C can recover the deficiency of P500.00 from B

b. C can recover the deficiency of P500.00 even without stipulation

c. C cannot recover the deficiency of P500.00 unless there is stipulation

d. C cannot recover the deficiency of P500.00 even if there is stipulation.

54. Mr. Santos authorized Mr. Canlas to sell his car for P200,000.00 with 5% agents commission. Mr. Canlas sold the car to Mr. Dizon for P250,000.00. For how much is Mr. Canlas accountable to Mr. Santos?

a. P200,000.00

b. P190,000.00

c. P250,000.00

d. P240,000.00

55. Three of the following are characteristics of a contract of sale. Which one is the exception?

a. Onerous Contract

b. Commutative Contract

c. Accessory Contract

d. Bilateral Contract

56. Warranty against hidden defect is:

a. An essential Element

b. Accidental Element

c. Natural Element

d. None of the above

57. Antonio sold a piece of land to Renato binding himself not to sell the same to another person. On the following day, Antonio sold the land to Carlos who immediately took possession in good faith. In the case at bar, the proper remedy of Renato is to:

a. To institute an action for annulment of the sale to Carlos

b. Institute an action for the recovery of the land

c. Institute an action for damages against Antonio

d. Answer not given

58. A sold to B the former's horse for P5,000. No date is fixed by the parties for the performance of their respective obligations. The obligation of A is:

a. To deliver the horse immediately as there is a perfected contract

b. To deliver the horse upon payment by B of P5,000

c. To deliver the horse within a reasonable time of two months from the contract of sale

d. To rescind the contract as there is no time fixed for the delivery and payment

59. Three of the following are implied warranties in a contract of sale. Which is the exception?

a. Reasonably fit for the purpose they are acquired

b. Right to sell the thing at the time the contract is perfected

c. Merchantable quality

d. Free from charges or encumbrances not declared or known to the buyer.

60. Xenon stole a fountain pen from Oscar and sold it to a Bazaar who pays for it in good faith, not knowing it was stolen. The Bazaar then sold it to Berta, a student

a. The Bazaar having bought it in good faith becomes the legal owner, and as such, he can transfer ownership to Berta

b. Ownership passed to Berta because he bought it in a merchant store

c. Oscar may recover the fountain pen from Berta without reimbursement because he is the legal owner

d. Berta cannot become the owner because Xenon, the original seller, is not the owner

61. Smith sold to Bert a specific refrigerator for a price of P10,000. It was stipulated in the contract that Bert will pay only P6,000, and for the difference Bert will convey a specific television valued at P4,000. What is the nature of the contract?

a. Barter

b. Partly sale and partly barter

c. Commodatum

d. Sale

62. Sandy, 16 years old sold to Bert, of legal age, a specific diamond ring for P10,000. Later, Bert sold it to Zhao. Which of the following statements is incorrect?

a. Sandy has got a voidable title because at the time of the sale she is a minor

b. Zhao, if in good faith, shall become the owner upon delivery to him

c. Zhao, if in bad faith, shall also be the owner, except that his title is voidable

d. None of the above

63. B went to a store and offered to buy a certain watch for P1,000. S said that he was willing to give it for P1,200. B turned to go away because he did not want to pay the price. S called him (B) and said he is now willing to sell the watch for P1,000. Is the contract perfected?

a. Yes, because there was meeting of the minds between S and B

b. No, S made another offer not accepted by B

c. Yes, because the consent was already manifested

d. Yes, because B's acceptance is not qualified

64. 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 contract paid by the buyer

c. All necessary expenses on the thing sold and to be redeemed

d. Interest of the price paid by the buyer

65. S offers to B 100 radio sets for P50,000 payable in 30 days with 10% interest per annum. B cables S to advise that he accepts provided the interest is reduced to 5%. If S and B are both merchants and there is no further communication between them relating to the terms, then:

a. B has made a counter offer

b. The contract is formed incorporating only the terms of S

c. The contract is perfected with B's reduced interest rate becoming part of the agreement

d. None of the above

66. When goods are delivered to the buyer on "sale or return" for a period of 10 days, ownership of the goods passes to the buyer

a. On perfection of the contract

b. On expiration of 10 days

c. On delivery of the goods

d. When the buyer signifies his acceptance to the seller

67. Ferdie orders for his workers, 1,000 pieces of T-shirts ranging in size from small to large from FCL Garments Mfg. Corporation. The specified sizes, although not then available, are manufactured by the said corporation and consigned to its sales outlets regularly. The contract entered into by Ferdie with the FCL Garments Mfg. Corporation is

a. Contract for a piece of work

b. Contract subject to a resolutory condition

c. A contract of sale

d. None of the above

68. S offered for sale to B 10 cavans of RC10 rice. B asks S the price per cavan. S told B that the price per sack is P5.00 over the price in Baguio City Public Market. The price is

a. certain because it has got reference to another thing which is certain

b. not certain, parties will go to court

c. not certain because the price in Divisoria Market is not stated

d. None of the above

69. S sold to B his only 2019 Jaguar car, and leaves to B to determine the price. B 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, B must pay a reasonable price

c. No sale until a third person fixes the price

d. S may go to court and ask for damages

70. The unpaid seller is not entitled to retain possession of the goods where

a. The goods have been sold without any stipulation as to credit

b. The goods have been sold on credit, but the term of the credit has expired

c. The buyer is insolvent

d. The possession of the seller on the goods is only as agent or bailee for the buyer

e. None of the above