QUIZ ELEC 2

Question 1

A deed of sale where the stated consideration had not in fact been paid is

Answer 1

NULL AND VOID

Question 2

If the property regime between husband and wife is the regime of separation of property, a sale by one spouse to another is:

Answer 2

VALID

Question 3

The characteristics of a contract of sale are

Answer 3

consesual, bilateral, onerous, principal and nominate

Question 4

The incapacity of minors, demented persons, imbeciles, deaf and dumb, prodigals and civilly interdicted in entering into contracts of sale is:

Answer 4

ABSOLUTE

Question 5

1st statement: Sale is not mode of acquiring ownership

2nd Statement: Delivery is the operative mode that transfer ownership.

Answer 5

BOTH STATEMENT IS TRUE

Question 6

For a thing to be a valid subject matter, it has to be:

Answer 6

DETERMINATE OR DETERMINABLE, LICIT AND POSSIBLE

Question 7

A guardian cannot acquire even at a public auction, either in person or through the mediation of another which property?

Answer 7

PROPERTY OF HIS WARD

Question 8

A judge justice prosecuting attorney, or clerk of court cannot acquire even at a public auction, either in person or through the mediation of another which property?

Answer 8

PROPERTY IN CUSTODIA LEGIS

Question 8

A contract of sale between husband and wife entered into after a judicial separation of properties has been decreed is:

Answer 8

VALID

Question 9

An executor or administrator cannot acquire even at a public auction, either in person or through the mediation of another which property?

Answer 9

PROPERTY OF THE ESTATE UNDER ADMINISTRATION

Question 9

A deed of sale where the stated consideration had not in fact been paid is:

Answer 9

NULL AND VOID

Question 10

A offered to sell his lot to B for P100,000. In his offer to sell it was stated that he is given 60 days to prepare the
P100,000 and as soon as B is ready with the money, A will execute a deed of sale. Before the end of 60 days, A
informed B that price of the lot was increased to P120,000. May B, compel A to accept P100,000 offered previously
by A and make him execute the deed of sale?

Answer 10

B. No, For B never signified his acceptance of A’s offer.

Question 11

Mrs. Go sold and delivered her diamond ring to Mrs. Pat. It was agreed upon that after ten (10) days Mrs. Pat will
name and fix the price. On the tenth (10th) day, Mrs. Pat called up by telephone Mrs. Go and stated the price at
P10,000. Mrs. Go agreed. IS the sale perfected?

Answer 11

A. Yes, the price stated and named by one of the contracting parties was accepted by the other.

Question 12

Three (3) of the following are option money. Which is the earnest money?

Answer 12

A. Given when contract of sale is perfected.

Question 13

In a sale, the buyer is entitled and has the right to the fruit of the thing sold from the time:

Answer 13

B. The sale is perfected

Question 14

Which of the following may not be the object of sale?

Answer 14

B. The sale of a vain hope or expectancy

Question 15

Mr. Mar orders for his workers 1,000 pieces of T-shirt ranging in size from small to large from RDG Garments Mfg.
Corp. The specified sizes, although not then available, are manufactured by said corporation and consigned to its
sales outlets regularly. The contract entered into by Mr. Mar with the RDG Garments Mfg. Corp. is a:

Answer 15

C. A contract of sale

Question 16

A Seller sold to a Buyer a piece of jewelry at a price of P20,000. The contract provides that the Buyer will pay Seller
a micro wave oven worth P5,000. What is the nature of the contract?

Answer 16

A. Sale

Question 17

Mr. A. Abad signed a letter addressed and delivered to Mr. B. Baje. The terms of the letter are:
i. An offer to sell a 500 sq.m. lot for P300,000
ii. An option time up to October 31, 2010 for Mr. Baje to raise the P300,000
iii. Upon payment of the P300,000, Mr. Abad will execute and sign a Deed of Sale
iv. On October 31, 2010, Mr. A Abad sent a letter to Mr. B. Baje asking for a new price of P350,000 for the 500 sq.m. lot.
Can Mr. B. Baje compel Mr. A. Abad to accept the P300,000 and make him sign and execute a Deed of Sale?

Answer 17

A. No, Mr.B. Baje did not accept the offer of Mr. A. Abad

Question 18

A characteristic of the Contract of Sale which involves exchange of value, it is

Answer 18

A. Commutative

Question 19

A appoints B to sell his land
Example 1. If the authority of B is oral and B sells the land in writing. The sale is valid.
Example 2. If the authority of B is in writing and B sells the land orally. The sale is unenforceable

Answer 19

A. Both examples are true

Question 20

Which of the following is not a characteristic of Sale?

Answer 20

B. Gratuitous

Question 21

Which of the following statements is true and correct?

Answer 21

B. The seller need not be the owner of the thing sold at the perfection of the sale.

Question 22

A and B are good friends. A sold and delivered his car to B. It was agreed and understood that on the next Sunday
A will name and fix the price of the car. Sunday came. A called B by phone and stated and fixed the price at
P150,000. Is the sale perfected?

Answer 22

D. No. The price fixed by the seller was not accepted by the buyer

Question 23

A sells to B for P25,000 all the mango fruits to be harvested from the mango orchard which A plans to buy. Statement I - The sale is valid because the mango fruits have potential existence. Statement II - The sale is valid because the object of the contract need not exist at the time of the contract.

Answer 23

C. Both statements are true.

Question 23

I. A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. II. An accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promisor if the promise is supported by a consideration distinct from the price.

Answer 23

C. Both statements are true.

Question 24

As a rule, this contract of sale involving a piece of land is void.

Answer 24

D. Between husband and wife

Question 25

Warranty against hidden defects is

Answer 25

B. A natural element

Question 26

When a sale of a piece of land or any interest therein is through an agent, the authority of the agent shall be in writing, otherwise the sale is

Answer 26

D. Void

Question 27

One of the following is not correct

Answer 27

B. A thing is generic when it is particularly designated or physically segregated from all others of the same class.

Question 28

X needs a size of 10 of model 101 of Leather Shoes regularly available to the public for her boyfriend Z, but the same is out of stock so she placed an order for one. On the other hand, Z placed an order for size No. 8, colored violet, (something not ordinarily made by the company) to be given to X. Which is correct?

Answer 28

C. First is a contract of sale second is a contract for a piece of work

Question 29

V offered to sell for P12,000,000 her house and lot to DD who was interested in buying the same. In her letter to DD, V stated that she is giving DD a period of one month within which to raise the amount and that as soon as DD is ready, they will sign the deed of sale. Five days before the expiration of the one month period. V went to DD and told her that she is no longer willing to sell the property unless the price in increased to P15,000,000. Which is correct?

Answer 29

d

Question 30

If the object of the contract is specially made or manufactured at the specific order of another, it is a contract for a piece of work. This is

Answer 30

B. Massachusetts rule

Question 31

If the article already exists and subsequently acquired by another, it is a contract of sale, and if the article is still to be manufactured at the instance of another, it is a contract for a piece of work. This is

Answer 31

C. New York rule

Question 32

If the material used in the manufacturer of the article is more valuable, it is a contract of sale, and if the labor or skill is more valuable than the material used in the manufacture of the article, it is a contract for a piece of work. This is

Answer 32

A. English rule

Question 33

The rule observed in the Philippines is

Answer 33

B. Massachusetts rule

Question 34

In contract of sale, if the price is absolutely simulated, the sale is

Answer 34

C. Void

Question 35

After the death of C, A, C’s son, sold his inheritance though its amount has not yet been determined to B for a consideration of P1,000,000. Which is correct?

Answer 35

B. The contract is valid even though the inheritance to be turned over to B is less than P1M

Question 36

A offered for sale to B 20 cavans of wagwag rice and fixed the price per cavan at P10 over the price offered at Z’s store in Cainta Market. The price is

Answer 36

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

Question 37

X sold his motor vehicle to V who bought it for P200,000. It turned out however, that X has 2 motor vehicles: Toyota valued at P230,000 and Lancer valued at P220,000. Which is correct?

Answer 37

A. There is no contract of sale between X and V

Question 38

I. The vendor need not be the owner at the time the sale is perfected. It is sufficient that he is the owner at the time the thing sold is delivered. II. The sale of a vain hope or expectancy is voidable.

Answer 38

A. First statement is true, second statement is false.

Question 39

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

Answer 39

C. Commutative contract

Question 40

Which of these is not a requisite of the object in a contract of sale?

Answer 40

C. That the seller must already be the owner of the object at the time of the sale.

Question 41

S and B entered into a contract whereby S transferred to B a specific car for the price of P500,000, while B gave to S P150,000 in cash and a Truck worth P350,000. The heading of the written contract signed by the parties reads "Contract of Sale".

Answer 41

B. The contract is a valid contract of sale as intended by the parties regardless of whether the monetary consideration is more or less than the value of the property consideration.

Question 42

The following items pertain to either a contract of sale or a contract to sell. I. The ownership of the thing sold is transferred to the buyer upon delivery. II. The ownership of the thing sold is transferred to the buyer some future time. III. The risk of loss is on the buyer upon delivery. IV. The risk of loss is on the seller upon delivery. Based on the above data, which of the following is correct?

Answer 42

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

Question 43

S hoe factory produces shoes for the general market of “Excellent shoes” from the size of 6 up to 12. Mr. Carlito went to the shop of Shoe factory and for a particular size of 8 ½ excellent shoes but the same was not available at present. He then places an order for five units to be delivered one week after. The contract is one of:

Answer 43

A. Sale

Question 44

In contract of sale, if the money paid is counterfeit, would the sale be still valid?

Answer 44

A. Yes, because the real consideration or cause is still the value or price agreed upon.

Question 45

Unaccepted unilateral promise or offer to sell or buy a thing:

Answer 45

A. Policitation

Question 46

Which of these is an example of emptio spei?

Answer 46

A. Sale of a lottery ticket.

Question 47

Consideration in sale: 1st- If the price is grossly inadequate the contract of sale is affected. And if the price is absolutely simulated the contract is void. 2nd- The fixing of the price can never be left to the discretion of one of the parties. However, it may be fixed by a third person.

Answer 47

D. 1st is False; 2nd is True

Question 48

The following statement pertain to either emptio rei sperati or emptio spei. I. Sale of hope or expectancy. II. Sale of a present thing. III. Sale of a future thing. IV. The thing sold must come into existence. Based on the above information, which of the following is correct?

Answer 48

A. Items I and II pertain to emptio spei