Question
What are your verdicts in these situations? 1. Ara, Bella and Casey jointly and in the same contract sold to Dahlia an undivided piece of
What are your verdicts in these situations?
1. Ara, Bella and Casey jointly and in the same contract sold to Dahlia an undivided piece of land with the right to repurchase. In this connection, the following statements are true except:
C. Dahlia cannot be compelled to consent to a partial redemption.
D. Dahlia can demand all the vendors to redeem the whole land
E. None of the Above
B. Ara has a right to redeem the whole land.
A. Ara can only redeem her share in the land.
2. On problem No.1, how long can redemption be made? *
D. not more than 30 days
B. not more than 10 years
A. not more than 4 years
C. not more than 6 years
None of the above
3. The following are the requisites for the right of legal redemption of a co-owner to exist except *
A. There must be a co-ownership
B. There must be alienation of all or of any of the shares of the other co-owners.
C. The sale must be to a third person or a co-owner
D. The sale must be before partition.
E. None of the above
4. The following are the requisites for the right of legal redemption of an adjacent owner of rural land to exist except *
A. Both the land of the one redeeming and the land sought to be redeemed must be rural
B. The lands must be adjacent.
C. The piece of rural land alienated must exceed one hectare
D. The vendee must already own some rural land
E. The rural land sold must not be separated by brooks, drains, ravines, roads and other apparent servitudes.
5. A, B and C are co-owners in equal shares of a one hectare rural land, the adjoining owners to which are D and E, the latter owning the smaller area. A donated his share of the land owned in common to X who is a rural land owner. Upon proper notice of the conveyance, B, C, D and E sought to exercise the right of legal redemption over the share conveyed. Who among them, if any, should be preferred? *
A. B and C shall be preferred for being co-owners of A
B. E shall be preferred for being the adjacent owner with the smaller area.
C. Whoever among B, C, D and E will first request the redemption
D. None of them can exercise legal redemption
6. Suppose in the preceding number, A sold his share to X. Who among B, C, D and E should be preferred to redeem the property? Choose the answer from the preceding number *
A. B and C shall be preferred for being co-owners of A
B. E shall be preferred for being the adjacent owner with the smaller area.
C. Whoever among B, C, D and E will first request the redemption
D. None of them can exercise legal redemption
7. The vendor a retro exercising the right to repurchase is required to return to the vendee the following except *
A. Price of the sale
B. Expenses of the contract
C. Useful expenses
D. Necessary expenses
E. None of the above.
8. B is the adjacent owner of the 10 square meter of land owned by A which he (A) bought for speculation. The following are the rights of B except: *
A. B has right of pre-emption if land is sold by A
B. B has the right of redemption if land is sold by A
C. Both A and B
D. B has no right at all the land being rural land
9. In the above problem, what if the land is rural land and not bought for speculation, what are the right of B? *
A. B has right of pre-emption if land is sold by A
B. B has the right of redemption if land is sold by A
C. Both A and B
D. B has no right at all the land being rural land
10. It is a contract by which one person transfers to another his rights and actions against a third person in consideration of a price certain in money or its equivalent. *
A. Contract of Sale
B. Contract to Sell
C. Conditional Salen 3
D. Assignment of Credit
11. The following is a Bulk Sales transaction except: *
A. Sale of stock of goods, wares, merchandise otherwise than in the ordinary course of trade.
B. Sale of all or substantially all of the business
C. Sale of all or substantially all of the business in the ordinary course of trade
D. Sale of all or substantially all of the fixture and equipment used in the business of the vendor.
E. None of the above
12. Mr. Y authorized Mr. X to sell the former's car. Mr X sold the car to Mr. Z under Mr. X's name. Which is correct on the following statement? *
A. Mr. Z can sue Mr. Y because he was duped
B. Mr. Y can sue Mr. Z because X acted in his own name
C. Mr. Z can sue Mr. Y because it involves property belonging to principal
D. Mr. Z cannot sue Mr. Y but only Mr. X
E. Mr. Y can sue Mr. Z but only Mr. X
13. The following are the essential elements of agency except *
A. There is consent of the parties to establish relationship
B. The object is the execution of juridical act
C. The agent acts a representative
D. The agent acts within the scope of his authority
E. None of the above.
14. Legal redemption shall be exercised only in the following: *
A. not more than 4 years
B. not more than 10 years
C. not more than 6 years
D. not more than 30 days from notice in writing
E. none of the above
15. It refers to the remedy of the seller when ownership of the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the price *
A. Action for damages
B. Specific Performance
C. Rescission
D. Action for payment of Price
E. none of the above
16. The loss of the thing loaned is suffered by the bailor *
commodatum
mutuum
17. The bailor may demand the return of the thing loaned before the expiration of the term in case of urgent need *
commodatum
mutuum
18. The following are the obligations of the bailee in commodatum except: *
A. To pay for the ordinary expenses for the use and preservation of the thing loaned.
B. To return the thing loaned even though the bailor owes him something.
C. To pay for the extraordinary expenses during the contract for the preservation of the thing loaned.
D. None of the above.
19. In the following cases, the bailee is liable for the loss of the thing even if it should be through a fortuitous event except *
A. He devotes the thing to any purpose different from that for which it has been loaned
B. He keeps it longer than the period stipulated
C. If the thing loaned has been delivered with appraisal of its value
D. If he chooses to save his own thing over the thing borrowed
E. If he lends the thing to a member of his household
20. In the following cases, the bailor may demand the return of the thing loaned except *
A. In the case of precarium
B. If the bailor has urgent need of the thing loaned
C. If the bailee commits any act of ingratitude
D. None of the above
21. By this contract, a person binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so *
A. Pledge
B. Real Mortgage
C. Chattel Mortgage
D. Antichresis
E. Guaranty
22. By this contract the creditor acquires the right to receive the fruits of an immovable of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of his credit *
A. Pledge
B. Real Mortgage
C. Chattel Mortgage
D. Antichresis
E. Guaranty
23. Barry borrowed a guitar from Leandro for one week. Barry failed to return the same after the expiration of the term agreed upon. A lightning struck the house of Barry causing a fire which destroyed the house where the guitar was hidden. The guitar also perished in the fire. Is Barry liable for the loss of the guitar? *
A. No, because no person shall be liable for loss due to a fortuitous event.
B. Yes, because he incurred in delay
24. Jake offered to sell his car for P300,000 to Bea who was interested in buying the same but asked Jake to give her one week to decide, for which Jake agreed. Within that week, Bea accepted Jake's offer. One day after Bea's acceptance, Jake sold the car to Barbie. Can Jake be liable for damages? *
A. Yes because the sale between Jake and Bea was already perfected.
B. Yes because Bea became the owner of the car upon her acceptance of Jake's offer.
C. Yes because Jake is bound by his promise, the same being supported by a consideration distinct from the price
D. No because Jake is not bound by his promise, the same being unsupported by a consideration distinct from the price.
E. No because there is policitation.
25. What if in the preceding number Jake sold the car to Barbie before Bea accepted his offer. Can Jake be liable for damages? *
A. Yes because the sale between Jake and Bea was already perfected.
B. Yes because Bea became the owner of the car upon her acceptance of Jake's offer.
C. Yes because Jake is bound by his promise, the same being supported by a consideration distinct from the price
D. No because Jake is not bound by his promise, the same being unsupported by a consideration distinct from the price.
E. No because there is policitation.
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