I. Explain the answer. This questions are already answered but I need an explanation why it is the the correct answer.

Topic 1 Assignment 2

B. 1. The following items pertain to either a contract of sale or a contract to sell.

I. Ownership of the thing sold is transferred upon deliver.

II. Ownership of the thing is transferred to the buyer at some future time

III. The risk of loss is on the buyer.

IV. The risk of loss is on the seller.

Based on the above data, which of the following is correct?

a. Items I and II pertain to a contract to sell.

b. Items I and III pertain to a contract of sale.

c. Items II and IV pertain to a contract of sale.

d. Items II and III pertain to a contract to sell.

D. 2. One of the following is not a requisite of the object of a contract of sale. Which is it?

a. It must be within the commerce of men.

b. It must be licit.

c. It must be determinate.

d. Vendor must have the right to transfer the ownership of the thing at the time of sale.

B. 3. The following items pertain to either emptio rei speratae or emptio spei.

I. The sale of future thing.

II. The sale of hope or expectancy

III. The sale of present thing.

IV. The thing sold must come into existence.

Based on the above information, which of the following is correct?

a. Items I and II pertains emptio rei speratae.

b. Items II and III pertains emptio spei.

c. Items II and III pertains emptio rei speratae.

d. Items III and IV pertains emptio spei.

C. 4.The price in a contract of sale is certain, except:

a. When the parties have fixed or agreed upon definite amount.

b. If the price is certain with reference to another thing certain.

c. If the fixing of the price is left to the discretion of one of the contracting parties and the price fixed is not accepted by the other party.

d. If the price fixed is that which the thing sold would have on a definite day or in a particular exchange or market.

B. 5. A sum of money paid, or a thing delivered upon the making of contract for the sale of goods, to bind the bargain, the delivery and acceptance of which makes the final assent of both parties to the contract.

a. Option money

b. Earnest money

c. Reservation money

d. Down payment

C. 6.On January 1, Sanchez orally sold to Barro a specific ring for P450.00. The parties agreed that Sanchez shall deliver the ring to Barro on January 5, while Barro shall pay the price on January 7.

a. The contract is perfected on January 5, when the ring is delivered by Sanchez to Barro.

b. The contract is perfected on January 7, when the price is paid, since both partieswould by then have performed their obligations in the contract.

c. The contract is perfected on January 1, when the parties had a meeting of minds on the object and the price.

d. There is no perfected contract because the sale was made orally.

D. 7.A contract of sale is perfected upon:

a. compliance with the requirements of the law as to form.

b. delivery of the object of the contract.

c. demand

d. the meeting of the minds on the thing which is the object of the contract and upon the price

C. 8. One of the distinctions between option money and earnest money is that earnest money is:

a. the consideration paid for the purpose of holding one to his promise to buy or sell a determinate thing for a certain period of time.

b. not part of the purchase price.

c. proof of the perfection of the contract of sale.

d. paid before the perfection of the contract of sale.

B. 9. Charmigne orally offered to sell a certain diamond ring to Faith for P50,000.00. Faith accepted the offer and to prove that she was in earnest, she gave Charmigne P1,000.00. The parties agreed that the delivery of the ring and the payment of the price would be made 30 days later. On due date:

a. Charmigne may collect from B P50,000.00.

b. Charmigne may collect from B P49,000.00

c. Charmigne cannot enforce payment because the contract was not reduced to writing

d. Charmigne cannot enforce payment because there was no contract of sale yet.

A. 10. The following may not be valid object of a contract of sale, except:

a. future goods

b. object outside the commerce of men

c. illicit things

d. impossible service

Topic 2 Assignment 2

B. 1. It refers to the delivery of the thing sold from hand to hand in case of movables, or the taking of possession with respect to immovables, in the presence and with the consent of the vendor.

a. Actual or real delivery.

b. Traditio constitutum possessorium.

c. Traditio longa manu.

d. Traditio brevi manu.

B. 2.This refers to the implied warranty on the part of the seller that he has the right to sell the thing at the time when ownership is to pass, and that the buyer from that time shall have and enjoy legal and peaceful possession of the thing.

a. Warranty against hidden defects.

b. Warranty against eviction

c. Warranty of ownership.

d. Warranty of possession.

C. 3. On November 1, 2018, Sakura sold to Nova through a private instrument Honda Civic of Sakura. On November 10, 2018, Sakura delivered the key of the car to Nova. The delivery made by Sakura to Nova is known as:

a. constructive delivery by legal formalities

b. Traditio longa manu.

c. symbolic delivery

d. Traditio brevi manu.

C. 4. This is a kind of constructive delivery where the vendor remains in possession of the property sold, such as by virtue of a lease agreement with the vendee.

a. traditio longa manu.

b. traditio brevi manu.

c. traditio constitutum possessorium.

d. delivery to common carrier.

D. 5. This refers to the warranty of the seller that he has the right to sell the thing at the time when ownership is to pass, and which can be enforced if the buyer is deprived of the property sold by a final judgment in court.

a. Warranty against hidden defects.

b. Warranty of merchantable quality.

c. Warranty of possession.

d. Warranty against eviction.

D. 6. Delivery of incorporeal property may be made through any of the following means, except:

a. execution of a public document.

b. placing the titles of ownership in the possession of the vendee.

c. use by the vendee of his rights, with the debtor's consent.

d. execution of private instrument.

B. 7. All are requisites for double sales to exist except:

a. Two or more sales transactions must constitute valid sales; constitute valid sales.

b. One sales transactions must pertain to the same object or subject matter.

c. Two or more buyers must each have bought from the very same seller.

d. Two or more buyers at odds over the rightful ownership of the subject matter must each represent conflicting interests.

A. 8. Jedeza,the owner of a rent-a-car business, leased one of her cars to B for one month. On the day of the expiration of the lease and while Pearly was still in physical possession of the car, Pearly offered to buy the car from Jedeza for P200,000.00. Believing the price to be a good one, Jedeza readily accepted Pearly's offer and then and there executed a deed of absolute sale in favor of Pearly who immediately paid the price in cash. Thereafter, Pearly drove away from the place of Jedeza.

a. The delivery of the car by Jedeza to Pearly is by traditio brevi manu.

b. The delivery of the car by Jedeza to Pearly is by traditio longa manu.

c. The delivery of the car by Jedeza to Pearly is by constitutum possessorium.

d. There was no delivery because Pearly should have turned over the physical possession of the car to Jedeza upon the expiration of the leaseso that Jedeza could make the proper delivery to him upon the execution of the contract of sale.

A. 9. When is the vendor bound to deliver the thing sold?

a. If the buyer has been given the benefit of the period.

b. If no period for the payment of the price has been fixed in the contract.

c. If the vendee has not paid him the price.

d. None of the foregoing.

B. 10. The statements concerning the double sale of an immovable are presented to you:

I. The first buyer who was in good faith at the time the sale was made to him, remains in good faith notwithstanding that he subsequently obtains knowledge of the second sale.

II. In order that the second buyer may be given preference, he must possess good faith from the time of sale in his favor until the registration of the same.

In your evaluation of the foregoing statements:

a. Both statements are false.

b. Both statements are true.

c. Only Statement I is true.

d. Only Statement II is true.

Make/Create a situational example where all the kinds of constructive delivery are being best illustrated.