QUIZ ELEC 2 Flashcards
A deed of sale where the stated consideration had not in fact been paid is
NULL AND VOID
If the property regime between husband and wife is the regime of separation of property, a sale by one spouse to another is:
VALID
The characteristics of a contract of sale are
consesual, bilateral, onerous, principal and nominate
The incapacity of minors, demented persons, imbeciles, deaf and dumb, prodigals and civilly interdicted in entering into contracts of sale is:
ABSOLUTE
1st statement: Sale is not mode of acquiring ownership
2nd Statement: Delivery is the operative mode that transfer ownership.
BOTH STATEMENT IS TRUE
For a thing to be a valid subject matter, it has to be:
DETERMINATE OR DETERMINABLE, LICIT AND POSSIBLE
A guardian cannot acquire even at a public auction, either in person or through the mediation of another which property?
PROPERTY OF HIS WARD
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?
PROPERTY IN CUSTODIA LEGIS
A contract of sale between husband and wife entered into after a judicial separation of properties has been decreed is:
VALID
An executor or administrator cannot acquire even at a public auction, either in person or through the mediation of another which property?
PROPERTY OF THE ESTATE UNDER ADMINISTRATION
A deed of sale where the stated consideration had not in fact been paid is:
NULL AND VOID
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?
B. No, For B never signified his acceptance of A’s offer.
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?
A. Yes, the price stated and named by one of the contracting parties was accepted by the other.
Three (3) of the following are option money. Which is the earnest money?
A. Given when contract of sale is perfected.
In a sale, the buyer is entitled and has the right to the fruit of the thing sold from the time:
B. The sale is perfected
Which of the following may not be the object of sale?
B. The sale of a vain hope or expectancy
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:
C. A contract of sale
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?
A. Sale
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?
A. No, Mr.B. Baje did not accept the offer of Mr. A. Abad
A characteristic of the Contract of Sale which involves exchange of value, it is
A. Commutative
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
A. Both examples are true
Which of the following is not a characteristic of Sale?
B. Gratuitous
Which of the following statements is true and correct?
B. The seller need not be the owner of the thing sold at the perfection of the sale.
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?
D. No. The price fixed by the seller was not accepted by the buyer
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.
C. Both statements are true.
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.
C. Both statements are true.
As a rule, this contract of sale involving a piece of land is void.
D. Between husband and wife
Warranty against hidden defects is
B. A natural element
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
D. Void
One of the following is not correct
B. A thing is generic when it is particularly designated or physically segregated from all others of the same class.
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?
C. First is a contract of sale second is a contract for a piece of work
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?
d
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
B. Massachusetts rule
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
C. New York rule
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
A. English rule
The rule observed in the Philippines is
B. Massachusetts rule
In contract of sale, if the price is absolutely simulated, the sale is
C. Void
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?
B. The contract is valid even though the inheritance to be turned over to B is less than P1M
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
B. Certain because it has got reference to another thing which is certain
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?
A. There is no contract of sale between X and V
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.
A. First statement is true, second statement is false.
Three of the following are characteristics of a contract of sale. Which one is the exception?
C. Commutative contract
Which of these is not a requisite of the object in a contract of sale?
C. That the seller must already be the owner of the object at the time of the sale.
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”.
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.
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?
D. Items I and III pertain to a contract of sale.
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:
A. Sale
In contract of sale, if the money paid is counterfeit, would the sale be still valid?
A. Yes, because the real consideration or cause is still the value or price agreed upon.
Unaccepted unilateral promise or offer to sell or buy a thing:
A. Policitation
Which of these is an example of emptio spei?
A. Sale of a lottery ticket.
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.
D. 1st is False; 2nd is True
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?
A. Items I and II pertain to emptio spei
