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Quiz #6: Sales

I.

Write True only if absolutely true. Otherwise, write false.


1.

A thing is determinate when it is particularly designated.

TRUE.
2.

For a sale to be valid, the object must be determinate.

FALSE. It is sufficient that it CAN BE MADE DETERMINATE at the time the contract is entered
into without the necessity of a new and further agreement between the parties.
3.

A sale is valid even if the consideration to be paid is in Chinese Yuan.

TRUE. A price certain may be in MONEY or its equivalent. Money does not have to be legal
tender.
4.

Goods are no longer in transit if the carrier or other bailee refuses to deliver the goods to
the buyer or his agent in that behalf.

FALSE. It has to be WRONGFUL refusal. (Art 1531)


5.

If two or more animals are sold together, whether for a lump sum or for a separate price
for each of them, the redhibitory defect of one shall only give rise to its redhibition, and
not that of the others.

FALSE. There may be a redhibition of all animals when it should appear that the vendee would not
have purchased the sound animal or animals without the defective one. (Art 1572)
6.

When adverse possession had been commenced before the sale but the prescriptive
period is completed after the transfer, the vendor shall not be liable for eviction.

TRUE. Codal.
7.

Sellers are liable for breach of warranty.

FALSE. Sellers are not always liable for breach of warranty, as when they have complied with
their obligation, and in accordance with their warranties. Further, warranties may be waived.
8.

The vendee shall owe interest for the period between the delivery of the thing and
payment of the price.

FALSE. This is only true in the following three cases:


(1) should it be stipulated;
(2) should the thing sold and delivered produce fruits and income;
(3) should he be in default, from the time of judicial or extrajudicial demand for the payment of
the price. (Art 1589)
9.

Seller may exercise possessory lien and right of stoppage in transitu at the ANY time.

FALSE.
10. Di ko maalala yung isa pa. Something to do with ownership vesting with the buyer at
perfection?
FALSE.

II. Multiple Choice


Just review different kinds of delivery. Differentiate Traditio Longa Manu from Traditio Manu
Brevi. Quasi-delivery of rights. etc

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