Business Law 2: Workbook

WORKBOOK
GUIDE QUESTIONS
BUSINESS LAW 2
LAW ON SALES
**MOTHER INSTRUCTION: (1) Answer, (2) Spanish venta
legally discuss, and (3) dissect the
following 323 guide questions. LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS:
Ethymology
BOOK 1 Roman Law venditio
SALES French vente
Spanish venta
Lesson 1- 4 GQs
DEFINITION-ORIGIN LB/R- LEGAL BASIS:
E-Files, PPT-LEC NOTES-SALES-PART 1
(1) Legally define a contract of sale?
LA-LEGAL ANSWER/S: LS-LEGAL SOURCE:
By the contract of sale one of
the contracting parties obligates (3) Who are the parties in a contract of
himself to transfer the ownership sale?
of, and to deliver a determinate LA-LEGAL ANSWER/S:
thing, and the other to pay The parties in a contract of sale are
therefor a price certain in money the seller/vendor/debtor/obligor and
or its equivalent. the buyer/vendee/creditor/obligee
A contract of sale may be
absolute or conditional. (1445a) LD/E- LEGAL
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS:
The contract of sale is an E-Files, PPT-LEC NOTES-SALES-PART 1
agreement whereby one of the
parties (called the seller or LS-LEGAL SOURCE:
vendor) obligates himself to
deliver something to the other (4) What are the general obligations of
(called the buyer or purchaser or said parties?
vendee) who, in his part, binds LA-LEGAL ANSWER/S:
himself to pay therefor a sum of The general obligations of the seller
money or its equivalent (known as are to transfer ownership and to
the price). deliver determinate thing. On the
other hand, the general obligation of
LB/R- LEGAL BASIS: the buyer is to pay price certain in
Article 1458 of the Civil Code of money or its equivalent.
the Philippines also known as
Republic Act 386 LD/E- LEGAL
LS-LEGAL SOURCE:
LB/R- LEGAL BASIS:
(2) What is the origin of the word sale? E-Files, PPT-LEC NOTES-SALES-PART 1
LA-LEGAL ANSWER/S:
Ethymology LS-LEGAL SOURCE:
Roman Law venditio
French vente Lesson 2 9 GQs
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CHARACTERISTICS LB/R- LEGAL BASIS:
(5) What are the characteristics of a Article 1350, Article 1458 and Article
contract of sale? 1475 of the Civil Code of the
LA-LEGAL ANSWER/S: Philippines also known as Republic
The characteristics of a contract of Act 386
sale are Nominate, Onerous,
Consensual, Cumutative, Reciprocal, LS-LEGAL SOURCE:
and Principal.
(8) Why is a contract of sale consensual?
LD/E- LEGAL LA-LEGAL ANSWER/S:
DISCUSSIONS/EXPLANATIONS: Consensual is a contract of sale
because it is perfected by the
LB/R- LEGAL BASIS: moment there is a meeting of minds
E-Files, PPT-LEC NOTES-SALES-PART 1 upon the thing which is the object of
the contract and upon the price.
LS-LEGAL SOURCE:
LD/E- LEGAL
(6) Why is a contract of sale nominate? DISCUSSIONS/EXPLANATIONS:
LA-LEGAL ANSWER/S:
Nominate is a contract of sale LB/R- LEGAL BASIS:
because it has its own individuality Article 1475 and Article 1315 of the
and are regulated by special Civil Code of the Philippines also
provision of law. known as Republic Act 386
LD/E- LEGAL LS-LEGAL SOURCE:

(9) Why is a contract of sale cumulative?
LB/R- LEGAL BASIS: LA-LEGAL ANSWER/S:
Article 1307 of the Civil Code of the Cumulative is a contract of sale
Philippines also as Republic Act 386 because the thing sold is considered
equivalent of the price paid and vice
LS-LEGAL SOURCE: versa.
LD/E- LEGAL
(7) Why is a contract of sale onerous? DISCUSSIONS/EXPLANATIONS:
LA-LEGAL ANSWER/S:
Onerous is a contract of sale LB/R- LEGAL BASIS:
because the thing sold is conveyed in E-Files, PPT-LEC NOTES-SALES-PART 1
consideration of the price and vice
versa. LS-LEGAL SOURCE:
LD/E- LEGAL (10) Why is a contract of sale bilateral?

DISCUSSIONS/EXPLANATIONS: LA-LEGAL ANSWER/S:
Prestation or determinate thing and Bilateral is a contract of sale because
the price certain in money or its both contracting parties are bound
equivalent or promise of a thing or to fulfill correlative obligations
service. towards each other.
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DISCUSSIONS/EXPLANATIONS: Principal is a contract of sale
because it does not depend for its
LB/R- LEGAL BASIS: existence and validity upon another
Article 1475, and Article 1308 of the contract.
Civil Code of the Philippines also
known as Republic Act 386 LD/E- LEGAL
LS-LEGAL SOURCE:
LB/R- LEGAL BASIS:
(11) Why is a contract of sale
reciprocal? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S: E-Files, PPT-LEC NOTES-SALES-PART 1
Reciprocal is a contract of sale
because both of the contracting Lesson 3-8 GQs
parties are bound to fulfill correlative STAGES
obligations towards each other. (14) What are the stages of a contract
of sale?
DISCUSSIONS/EXPLANATIONS: The stages of the contract of sale are
preparation, perfection and
LB/R- LEGAL BASIS: consummation.
Article 1475 and Article 1308 of the
Civil Code of the Philippines also LD/E- LEGAL
known as Republic Act 386 DISCUSSIONS/EXPLANATIONS:
LS-LEGAL SOURCE: LB/R- LEGAL BASIS:
(12) Why is a contract of sale LS-LEGAL SOURCE:

sinalagmatico? E-Files, PPT-LEC NOTES-SALES-PART 1
LA-LEGAL ANSWER/S:
Sinalagmatico is a contract of sale (15) What is the meaning of
because both of the contracting preparation stage?
parties are bound to fulfill correlative LA-LEGAL ANSWER/S:
obligations towards each other. Begins from the time the prospective
contracting parties manifest their
LD/E- LEGAL interest in the contract and ends at
DISCUSSIONS/EXPLANATIONS: the moment of agreement of the
parties.
LB/R- LEGAL BASIS:
Article 1475 and Article 1308 of the LD/E- LEGAL
Civil Code of the Philippines also DISCUSSIONS/EXPLANATIONS:
known as Republic Act 386
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE:
LS-LEGAL SOURCE:
(13) Why is a contract of sale Law on Obligations and Contract by
principal? Atty. Andrix Domingo
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Law on Obligation and Contract by
(16) When is a contract of sale Atty. Andrix D. Domingo
considered to be in the preparation
stage? (19) When shall parties to a contract of
LA-LEGAL ANSWER/S: sale demand performance thereof?
It is considered to be in the LA-LEGAL ANSWER/S:
preparation stage when negotiation Parties to a sale can demand
is formally initiated by an offer. performance thereof when there is
meeting of offer and acceptance.
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: LD/E- LEGAL
LB/R- LEGAL BASIS:
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE:
Law on Obligations and Contract by LS-LEGAL SOURCE:
Atty. Andrix D. Domingo Law on Obligation and Contract by
Atty. Andrix D. Domingo
(17) What is perfection vis--vis a
contract of sale? (20) What is the meaning of
LA-LEGAL ANSWER/S: consummation stage?
It is considered to be in the perfection LA-LEGAL ANSWER/S:
stage when theres meeting of offer Consummation stage is when the
and acceptance. object of the contract has been
delivered and the price has been
LD/E- LEGAL paid.
LD/E- LEGAL
LB/R- LEGAL BASIS: DISCUSSIONS/EXPLANATIONS:

Law on Obligations and Contract by
Atty. Andrix D. Domingo LS-LEGAL SOURCE:
Law on Obligation and Contract by
(18) When is a contract of sale Atty. Andrix D. Domingo
perfected?
LA-LEGAL ANSWER/S: (21) When is a contract of sale
Takes place when the parties agree considered to be in the
upon the essential elements of the consummation stage?
contract. LA-LEGAL ANSWER/S:
When the parties fulfill or perform the
LD/E- LEGAL terms agreed upon in the contract
DISCUSSIONS/EXPLANATIONS: culminating its extinguishment.
LB/R- LEGAL BASIS: LD/E- LEGAL

LS-LEGAL SOURCE:
LB/R- LEGAL BASIS:
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a. An agreement that by its terms
LS-LEGAL SOURCE: is not to be performed within a
Law on Obligation and Contract by year from the making thereof;
Atty. Andrix D. Domingo b. A special promise to answer
for the debt, default, or
Lesson 4-4 GQs miscarriage of another;
FORM c. An agreement made in
(22) What is form vis--vis a contract of consideration of marriage,
sale? other than a mutual promise to
LA-LEGAL ANSWER/S: marry;
LD/E- LEGAL d. An agreement for the sale of
DISCUSSIONS/EXPLANATIONS: goods, chattels or things in
LB/R- LEGAL BASIS: action, at a price not less than
LS-LEGAL SOURCE: five hundred pesos, unless the
buyer accept and received
(23) In what form shall a contract of part such goods and chattels,
sale be entered into? or the evidences, or some of
LA-LEGAL ANSWER/S: them, of such things in action
LD/E- LEGAL or pay at the time some part of
DISCUSSIONS/EXPLANATIONS: the purchase money; but
LB/R- LEGAL BASIS: when a sale is made by
LS-LEGAL SOURCE: auction and entry is made by
the auctioneer in his sales
(24) What is the Statute of Frauds? book, at the time of the sale,
LA-LEGAL ANSWER/S: of the amount and kind of
The following contracts are property sold, items of sale,
unenforceable, unless they are price, names of the purchasers
ratified: and person on whose account
(1) Those entered into in the name of the sale is made, it is sufficient
another person by one who has memorandum;
been given no authority or legal e. An agreement the for leasing
representation, or who has acted for a longer period than one
beyond his power; year, or for the sale of real
(2) Those that do not comply with the property or of an interest
Statute of Frauds as set forth in this therein;
number. In the following cases an f. A representation as to the
agreement thereafter made shall credit of a third person.
be unenforceable by action, (3) Those where both parties are
unless the same, or some note or incapable of giving consent to a
memorandum, thereof, be in contract.
writing, and subscribed by the
party changed, or by his agent; LD/E- LEGAL
evidence, therefore, of the DISCUSSIONS/EXPLANATIONS:
agreement cannot be received
without the writing, or a LB/R- LEGAL BASIS:
secondary evidence of its Article 1403 of the Civil Code of the
contents: Philippines also known as Republic
Act 386
5|Page
(28) Can contract to sell result to
LS-LEGAL SOURCE: contract of sale?
LA-LEGAL ANSWER/S:
(25) Which contracts of sale are LD/E- LEGAL
required to be under the Statute of DISCUSSIONS/EXPLANATIONS:
Frauds? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (29) Distinguish contract of sale from
LB/R- LEGAL BASIS: contract to sell
LS-LEGAL SOURCE: LA-LEGAL ANSWER/S:
LD/E- LEGAL
LESSON 5-7 GQs DISCUSSIONS/EXPLANATIONS:
CONTRACT OF SALE VS CONTRACT TO LB/R- LEGAL BASIS:
SELL LS-LEGAL SOURCE:
(26) Define contract to sell?
LA-LEGAL ANSWER/S: (30) What is Policitacion?
Contract to sell are sales on LA-LEGAL ANSWER/S:
installments. Payment in full of the Policitacion is merely an offer. An
price is positive suspensive condition imperfect promise that could not be
(obligation to deliver and transfer considered a binding commitment.
ownership arises); if not paid in full,
obligation to deliver or transfer LD/E- LEGAL
ownership is suspended or not yet DISCUSSIONS/EXPLANATIONS:
binding and effective.
LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: LS-LEGAL SOURCE:
Law on Obligation and contract by
LB/R- LEGAL BASIS: Atty. Andrix D. Domingo
LS-LEGAL SOURCE: (31) What are the effects of

E-Files, PPT-LEC NOTES-SALES-PART 2 Policitacion?
LA-LEGAL ANSWER/S:
(27) Who are the parties in a contract LD/E- LEGAL
to sell? DISCUSSIONS/EXPLANATIONS:
LA-LEGAL ANSWER/S: LB/R- LEGAL BASIS:
The parties in a contract to sell are the LS-LEGAL SOURCE:
buyer and seller.
(32) Distinguish between earnest
LD/E- LEGAL money and option money
Earnest money and option money
LB/R- LEGAL BASIS: may be distinguished as follows:
(1) Earnest money is part of the
LS-LEGAL SOURCE: purchase price, while option
E-Files, PPT-LEC NOTES-SALES-PART 2 money is the money given as
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distinct consideration for the
option contract; LD/E- LEGAL
(2) Earnest money is given only where DISCUSSIONS/EXPLANATIONS:
there is already a sale, while
option money applies to a sale LB/R- LEGAL BASIS:
not yet perfected; and
(3) When earnest money is given, the LS-LEGAL SOURCE:
buyer is bound to pay the E-Files, PPT-LEC NOTES-SALES-PART 2
balance, while when the would-
be buyer gives option money, he (35) Legally define Agency to Sell
is not required to buy. LA-LEGAL ANSWER/S:
LD/E- LEGAL
LD/E- LEGAL DISCUSSIONS/EXPLANATIONS:
LS-LEGAL SOURCE:
LB/R- LEGAL BASIS:
(36) Distinguish Sale from an Agency to
LS-LEGAL SOURCE: Sell
The Law on Sales, Agency and Credit LA-LEGAL ANSWER/S:
Transactions by Hector S. De Leon Sale maybe distinguish from an
agency to sell by the following:
LESSON 6-5 GQs (1) In a sale, the buyer receives the
CONTRACT OF SALE VS AGENCY TO SELL goods as owner; in an agency to
(33) Legally define a contract of sell, the agent receives the goods
agency as the goods of the principal who
LA-LEGAL ANSWER/S: retains his ownership over them;
By the contract of agency a person (2) In a sale, the buyer has to pay the
binds himself to render some service price; in an agency to sell, the
or to do something in representation agent has simply to account for
or on behalf of another, with the the proceeds of the sale he may
consent or authority of the later. make on the principals behalf;
(1710a) (3) In a sale, the buyer, as a general
rule, cannot return the object
LD/E- LEGAL sold; in an agency to sell, the
DISCUSSIONS/EXPLANATIONS: agent can return the object in
case he is unable to sell the same
LB/R- LEGAL BASIS: to a third person; and
Article 1868 of the Civil Code of the (4) In a sale, the seller warrants the
Philippines also known as Republic thing sold; in an agency to sell, the
Act 386 agent makes no warranty for
which he assumes personal
LS-LEGAL SOURCE: liability as long as he acts within his
authority and in the name of the
(34) Who are the parties in a contact seller; and
of agency? (5) In a sale, the buyer can deal with
LA-LEGAL ANSWER/S: the thing sold as he pleases, being
The parties in a contract of agency the owner; in an agency to sell,
are the Principal and the Agent. the agent in dealing with the thing
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received, must act and is bound LS-LEGAL SOURCE:
according to the instructions of his
principal. (39) Who are the parties in a contract
for a piece of work?
DISCUSSIONS/EXPLANATIONS: The parties in a contract for a piece
of work are the worker and
LB/R- LEGAL BASIS: contractor.
LS-LEGAL SOURCE: LD/E- LEGAL

The Law on Sales Agency and Credit DISCUSSIONS/EXPLANATIONS:
Transactions by Hector S. De Leon
LB/R- LEGAL BASIS:
(37) If a contract contains provisions LS-LEGAL SOURCE:

characteristic of both the contract of E-Files, PPT-LEC NOTES-SALES-PART 2
sale and of the contract of agency to
sell, how shall the contract be (40) Distinguish a contract of sale from
construed? a contract for piece of work
LA-LEGAL ANSWER/S: LA-LEGAL ANSWER/S:
LD/E- LEGAL A contract of sale may distinguish
DISCUSSIONS/EXPLANATIONS: from a contract for piece of work by
LB/R- LEGAL BASIS: the following:
LS-LEGAL SOURCE: (1) In a contract for work, labor or
materials or for a piece of work,
LESSON 7-3 GQs the thing transferred is one not in
CONTRACT OF SALE VS CONTRACT FOR A existence and which never would
PIECE OF WORK have existed but for the order of
(38) Legally define contract for a the party desiring to acquire it,
piece of work while in a contract of sale, the
LA-LEGAL ANSWER/S: thing transferred is one which
By the contract for a piece of work would have existed and been the
the contractor binds himself to subject of sale to some other
execute a piece of work for the person, even if the order had not
employer, in consideration of a been given.
certain price or compensation. The (2) In a contract for work, the risk of
contractor may either employ only his loss before delivery is borne by the
labor skill, or also furnish the materials worker or contractor, not by the
(1588a) employer. However, in the
contract of sale, the risk of loss is
LD/E- LEGAL borne by the buyer.
DISCUSSIONS/EXPLANATIONS: (3) Contracts for a piece of work,
unlike contract of sale are not
LB/R- LEGAL BASIS: within the Statute Fraud.
Article 1713 of the Civil Code of the
Philippines also known as Republic LD/E- LEGAL
Act 386 DISCUSSIONS/EXPLANATIONS:
8|Page
LB/R- LEGAL BASIS: LB/R- LEGAL BASIS:
LS-LEGAL SOURCE:
LS-LEGAL SOURCE:
The Law on Sales Agency and Credit (45) What do you mean by manifest
Transactions by Hector S. De Leon intention of the parties?
LA-LEGAL ANSWER/S:
LESSON 8-6 GQs LD/E- LEGAL
CONTRACT OF SALE VS BARTER OR DISCUSSIONS/EXPLANATIONS:
EXCHANGE LB/R- LEGAL BASIS:
(41) Legally define barter or exchange LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
By the contract of barter or (46) How do you characterize the
exchange one of the parties binds contract where the consideration
himself to give one thing in consists partly in money and partly in
consideration of the others promise another thing?
to give another thing. LA-LEGAL ANSWER/S:
If the consideration of the contract
LD/E- LEGAL consists partly in money, and partly in
DISCUSSIONS/EXPLANATIONS: another thing, the transaction shall
be characterized by the manifest
LB/R- LEGAL BASIS: intention of the parties. If such
Article 1638 of the Civil Code of the intention does not clearly appear, it
Philippines also known as Republic shall be considered a barter if the
Act 386 value of the thing given as a part of
the consideration exceeds the
LS-LEGAL SOURCE: amount of money or its equivalent;
otherwise, it is a sale. (1446a)
(42) Who are the parties in a contract
of barter or exchange? LD/E- LEGAL
LA-LEGAL ANSWER/S: DISCUSSIONS/EXPLANATIONS:
LD/E- LEGAL (1) The intention of the parties will
DISCUSSIONS/EXPLANATIONS: control the situation.
LB/R- LEGAL BASIS: (2) If the intention does not appear
LS-LEGAL SOURCE: (a) It is barter, if the value of the
thing is more than the
(43) What is the object in a contract of monetary consideration.
barter or exchange? (b) It is a sale, if the monetary
LA-LEGAL ANSWER/S: consideration is more than the
LD/E- LEGAL value of the thing.
DISCUSSIONS/EXPLANATIONS: (c) If the monetary consideration
LB/R- LEGAL BASIS: and the value of the thing are
LS-LEGAL SOURCE: the same, the majority view
maintained that the contract
(44) What are the rules anent sale vis- is a contract of sale.
-vis barter?
LD/E- LEGAL
9|Page
pp. 18 and 17, Suarez, C. B. (2000) The
Law on Sales, Agency, Pledge and (51) What is meant by meeting of the
Mortgages for business students. 2000 offer and acceptance?
ed. Manila ; GIC Enterprises. LA-LEGAL ANSWER/S:
LD/E- LEGAL
Lesson 9-8 GQs DISCUSSIONS/EXPLANATIONS:
ELEMENTS/REQUISITES LB/R- LEGAL BASIS:
(47) What are the elements/requisites LS-LEGAL SOURCE:
of a valid contract of sale?
LA-LEGAL ANSWER/S: (52) When is offer certain?
(1) Consent LA-LEGAL ANSWER/S:
(2) Object LD/E- LEGAL
(3) Price DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS:
(1) Consent of the (53) When is acceptance absolute?
caaaaaaaeeeeeeeiiiiiiiooooooo LA-LEGAL ANSWER/S:
aaaaaa6(3) LD/E- LEGAL
LS-LEGAL SOURCE:
(48) What are the essential elements
of a contract of sale? (54) What is meant by counter-offer?
LD/E- LEGAL LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: DISCUSSIONS/EXPLANATIONS:
LS-LEGAL SOURCE: LS-LEGAL SOURCE:
I already try how to work via captcha
entry online. Lesson 9A-16 GQs
DETERMINATE THING/OBJECT OF SALE
(55) What is object vis--vis a contract
(49) What is the meaning of essential of sale?
elements? LA-LEGAL ANSWER/S:
LA-LEGAL ANSWER/S: LD/E- LEGAL
LB/R- LEGAL BASIS: LS-LEGAL SOURCE:
LS-LEGAL SOURCE:
(56) What may be the object of a
(50) What is consent vis--vis a contract of sale?
contract of sale? LA-LEGAL ANSWER/S:
LS-LEGAL SOURCE:
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(57) Which things can be valid objects LS-LEGAL SOURCE:
of a contract of sale?
LA-LEGAL ANSWER/S: (63) What is the Latin term for such
aaaa object?
LS-LEGAL SOURCE:
(58) Which rights cannot be objects of
contract of sale? (64) When is a thing said to have
LA-LEGAL ANSWER/S: potential existence?
LS-LEGAL SOURCE:
(59) Can service be a valid object of
contract of sale? (65) Distinguish between a sale of a
LA-LEGAL ANSWER/S: mere hope or expectancy and sale
LD/E- LEGAL of a vain hope or expectancy?
LS-LEGAL SOURCE: DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS:
(60) When is a thing considered LS-LEGAL SOURCE:
determinate?
LA-LEGAL ANSWER/S: (66) What is the Latin term for such
LD/E- LEGAL object?
LB/R- LEGAL BASIS:
(61) Is it essential that the thing object LS-LEGAL SOURCE:
of a contract of sale be always
determinate? (67) What kind of goods may be
LA-LEGAL ANSWER/S: objects of a contract of sale?
LS-LEGAL SOURCE:
(62) Can future things be valid object
of a contract of sale? (68) If one is the sole owner of a thing,
LA-LEGAL ANSWER/S: in how many ways may he sell the
LD/E- LEGAL thing?
LB/R- LEGAL BASIS:
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(69) In case of fungible goods, can the (74) If the price is fixed by a third
seller make a valid sale of an person, when will such price be
undivided share of a specific mass of binding upon the contracting
goods, although the seller purports to parties?
sell and the buyer to buy a definite LA-LEGAL ANSWER/S:
number, weight or measure of the LD/E- LEGAL
goods in the mass, though the DISCUSSIONS/EXPLANATIONS:
number, weight or measure of the LB/R- LEGAL BASIS:
goods in the mass in undetermined? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (75) What is the effect if such third
DISCUSSIONS/EXPLANATIONS: person is unable or unwilling to fix the
LB/R- LEGAL BASIS: price?
LD/E- LEGAL
(70) What is the meaning of fungible DISCUSSIONS/EXPLANATIONS:
goods? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (76) What is the effect if the third
LB/R- LEGAL BASIS: person in fixing the price acted in bad
LS-LEGAL SOURCE: faith or by mistake?
LA-LEGAL ANSWER/S:
(71) Can there be a valid sale of a LD/E- LEGAL
thing subject to resolutory condition? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (77) What are the remedies if the third
LS-LEGAL SOURCE: person who is to fix the price is
prevented from fixing the price by
Lesson 9B-15 GQs fault of the seller or the buyer?
PRICE LA-LEGAL ANSWER/S:
(72) What is price vis--vis a contract LD/E- LEGAL
of sale? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (78) What is the effect of gross
LS-LEGAL SOURCE: inadequacy of price?
LA-LEGAL ANSWER/S:
(73) When is price considered certain? LD/E- LEGAL
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LS-LEGAL SOURCE:
(84) What is considered a reasonable
(79) Will the contract of sale be valid, if price
the price is simulated or false? LA-LEGAL ANSWER/S:
LS-LEGAL SOURCE:
(85) Distinguish between earnest
(80) Under what circumstances shall money and option money
the price of securities, grain, liquids, LA-LEGAL ANSWER/S:
and other things be considered LD/E- LEGAL
certain? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (86) What are the natural elements of
LS-LEGAL SOURCE: a contract of sale?
LA-LEGAL ANSWER/S:
(81) Can the fixing of the price be left LD/E- LEGAL
to the discretion of one of the DISCUSSIONS/EXPLANATIONS:
contracting parties? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (87) What is the meaning of natural
LB/R- LEGAL BASIS: elements?
LD/E- LEGAL
(82) What is the effect if price cannot DISCUSSIONS/EXPLANATIONS:
be determined either by the parties or LB/R- LEGAL BASIS:
the third person designated to fix it? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL Lesson 9C-41 GQs
DISCUSSIONS/EXPLANATIONS: WARRANTIES
LB/R- LEGAL BASIS: (88) Legally define warranty
LD/E- LEGAL
(83) In the event price cannot be DISCUSSIONS/EXPLANATIONS:
determined, but the thing or any part LB/R- LEGAL BASIS:
thereof has already been delivered LS-LEGAL SOURCE:
and appropriated by the buyer, what
is the obligation of the buyer? (89) What is warranty vis-a-vis contract
LA-LEGAL ANSWER/S: of sale?
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LB/R- LEGAL BASIS:
(90) What are the kinds of warranties LS-LEGAL SOURCE:
under the law?
LA-LEGAL ANSWER/S: (96) What are the essential requisites
LD/E- LEGAL of the warranty against eviction?
LB/R- LEGAL BASIS:
(91) Define express warranty LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (97) In the event the vendee is evicted
DISCUSSIONS/EXPLANATIONS: by final judgment of the thing he
LB/R- LEGAL BASIS: bought, can he hold the vendor
LS-LEGAL SOURCE: liable for eviction even though
nothing was agreed upon in the
(92) Is an affirmation of the value of the contract regarding the warranty
thing or the sellers expression of against eviction?
opinion considered express LA-LEGAL ANSWER/S:
warranty? LD/E- LEGAL
LD/E- LEGAL LB/R- LEGAL BASIS:
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE: (98) Are there cases where the vendor
shall not be liable for eviction?
(93) What are the implied warranties in LA-LEGAL ANSWER/S:
a contract of sale? LD/E- LEGAL
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE: (99) Does this warranty against
eviction apply to judicial sales?
(94) Does the rule on implied warranty LA-LEGAL ANSWER/S:
apply to all persons who make a LD/E- LEGAL
sale? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (100) What is the effect of the stipulation
LS-LEGAL SOURCE: exempting the vendor from the
obligation to answer for eviction?
(95) What is eviction? LA-LEGAL ANSWER/S:
14 | P a g e
LB/R- LEGAL BASIS:
(101) What are the kinds of waiver of LS-LEGAL SOURCE:
eviction?
LA-LEGAL ANSWER/S: (107) In case the warranty against
LD/E- LEGAL eviction has been expressly agreed
DISCUSSIONS/EXPLANATIONS: upon or nothing has been stipulated
LB/R- LEGAL BASIS: on this point, but eviction takes place,
LS-LEGAL SOURCE: what can the vendee demand from
the vendor?
(102) In case eviction takes place but LA-LEGAL ANSWER/S:
the vendee has made a waiver LD/E- LEGAL
consciente, can he hold the vendor DISCUSSIONS/EXPLANATIONS:
liable? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (108) What is partial eviction?
(103) What is waiver conciente? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (109) What are the rights of the vendee
LB/R- LEGAL BASIS: in case of partial eviction?
LD/E- LEGAL
(104) What is waiver intencionada? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (110) In case the immovable sold is
LS-LEGAL SOURCE: encumbered with any non
apparent burden or servitude, what
(105) Differentiate waiver conciente are the rights of the vendee?
from waiver intencionada LA-LEGAL ANSWER/S:
LS-LEGAL SOURCE:
(111) What circumstances must be
(106) In the event eviction takes place present to enable the vendee to
but the vendee has made an waiver avail of any of the above remedies?
intencionada, can he hold the LA-LEGAL ANSWER/S:
vendor liable? LD/E- LEGAL
15 | P a g e
LB/R- LEGAL BASIS: (117) When does the implied warranty
LS-LEGAL SOURCE: as to fitness or quality apply?
LA-LEGAL ANSWER/S:
(112) What are the remedies available LD/E- LEGAL
to the vendee should the immovable DISCUSSIONS/EXPLANATIONS:
sold be encumbered with any non LB/R- LEGAL BASIS:
apparent servitude? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (118) When does the implied warranty
DISCUSSIONS/EXPLANATIONS: of merchantability apply?
(113) When shall these alternative LB/R- LEGAL BASIS:
remedies be not available to the LS-LEGAL SOURCE:
vendee?
LA-LEGAL ANSWER/S: (119) Distinguish between the warranty
LD/E- LEGAL for fitness and the warranty of
DISCUSSIONS/EXPLANATIONS: merchantability
(114) What circumstances must be LB/R- LEGAL BASIS:
present so that the vendor shall be LS-LEGAL SOURCE:
responsible for his warranty against
hidden defects? (120) Is there an implied warranty in the
LA-LEGAL ANSWER/S: case of a sale of a specified article
LD/E- LEGAL under its patent or trade name?
LB/R- LEGAL BASIS:
(115) For what defects is the vendor not LS-LEGAL SOURCE:
liable?
LA-LEGAL ANSWER/S: (121) What warranty exists in case the
LD/E- LEGAL sale is a sale by sample?
LB/R- LEGAL BASIS:
(116) What are the implied warranties in LS-LEGAL SOURCE:
the case of sale of goods?
LA-LEGAL ANSWER/S: (122) Shall the vendor be responsible for
LD/E- LEGAL any hidden defects in the thing sold,
DISCUSSIONS/EXPLANATIONS: even though he was not aware
LB/R- LEGAL BASIS: thereof?
16 | P a g e
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (128) What is interest vis--vis contract
LB/R- LEGAL BASIS: of sale?
LD/E- LEGAL
(123) What are the alternative remedies DISCUSSIONS/EXPLANATIONS:
for the buyer to enforce the LB/R- LEGAL BASIS:
warranty? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL Lesson 10-7 GQs
DISCUSSIONS/EXPLANATIONS: PARTIES
LB/R- LEGAL BASIS: (129) Who are the parties in a contract
LS-LEGAL SOURCE: of sale?
LA-LEGAL ANSWER/S:
(124) What are the Latin terms for such LD/E- LEGAL
remedies? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (130) Are all persons authorized to buy
LS-LEGAL SOURCE: and sell?
LA-LEGAL ANSWER/S:
(125) Within what time shall the vendee LD/E- LEGAL
bring either the action to withdraw DISCUSSIONS/EXPLANATIONS:
from the contract or the action to LB/R- LEGAL BASIS:
demand proportionate reduction of LS-LEGAL SOURCE:
the price?
LA-LEGAL ANSWER/S: (131) What is the meaning of capacity
LD/E- LEGAL to buy and sell?
LB/R- LEGAL BASIS:
(126) What are the accidental LS-LEGAL SOURCE:
elements of a contract of sale?
LA-LEGAL ANSWER/S: (132) What is the meaning of
LD/E- LEGAL incapacity to buy and sell?
LB/R- LEGAL BASIS:
(127) What is the meaning of accidental LS-LEGAL SOURCE:
elements?
LA-LEGAL ANSWER/S: (133) What are the kinds of incapacity
LD/E- LEGAL to buy and sell?
17 | P a g e
LB/R- LEGAL BASIS:
(134) Give some examples of persons LS-LEGAL SOURCE:
especially disqualified by law.
LA-LEGAL ANSWER/S: (140) Does actual or real delivery
LD/E- LEGAL always pass ownership to the
DISCUSSIONS/EXPLANATIONS: vendee?
(135) To what other transactions does LB/R- LEGAL BASIS:
this prohibition extend? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (141) What are the exceptions to the
DISCUSSIONS/EXPLANATIONS: rule that delivery to the carrier is
LB/R- LEGAL BASIS: delivery to the buyer?
LD/E- LEGAL
SELLER/VENDOR LB/R- LEGAL BASIS:
(136) Who is a seller/vendor is LS-LEGAL SOURCE:
contemplation of the law?
LA-LEGAL ANSWER/S: (142) When shall delivery of goods by
LD/E- LEGAL the seller to the carrier be considered
DISCUSSIONS/EXPLANATIONS: delivery to the buyer?
(137) Enumerate the obligations of the LB/R- LEGAL BASIS:
seller/vendor LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (143) What are the exceptions to the
DISCUSSIONS/EXPLANATIONS: above rule?
Lesson 11A-11 GQs LB/R- LEGAL BASIS:
DELIVERY/TRADITION LS-LEGAL SOURCE:
(138) What is meant by delivery?
LA-LEGAL ANSWER/S: (144) What do the following trade terms
LD/E- LEGAL mean?
DISCUSSIONS/EXPLANATIONS: a. F.O.B.
LB/R- LEGAL BASIS: b. C.I.F
LD/E- LEGAL
(139) What are the kinds of delivery? DISCUSSIONS/EXPLANATIONS:
18 | P a g e
LS-LEGAL SOURCE: (150) What is ownership vis--vis a
contract of sale?
(145) Under the obligation of the seller LA-LEGAL ANSWER/S:
to deliver, who shall bear the LD/E- LEGAL
expenses in order to place the thing DISCUSSIONS/EXPLANATIONS:
in a deliverable state? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (151) When is ownership transferred to
LB/R- LEGAL BASIS: the buyer?
LD/E- LEGAL
(146) Who shall pay for the expenses for DISCUSSIONS/EXPLANATIONS:
the execution and registration of the LB/R- LEGAL BASIS:
sale? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (152) Must the seller have ownership of
DISCUSSIONS/EXPLANATIONS: the thing at the time of perfection of
LB/R- LEGAL BASIS: the contract of sale?
LD/E- LEGAL
(147) What is the meaning of care vis-- DISCUSSIONS/EXPLANATIONS:
vis a contract of sale? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (153) When shall ownership of the thing
LB/R- LEGAL BASIS: sold be transferred to the vendee or
LS-LEGAL SOURCE: buyer?
LA-LEGAL ANSWER/S:
(148) What are the rules anent care of LD/E- LEGAL
the object of sale from perfection to DISCUSSIONS/EXPLANATIONS:
delivery? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (154) Is there a case where though the
LB/R- LEGAL BASIS: thing has been delivered to the
LS-LEGAL SOURCE: buyer, yet the buyer does not acquire
ownership?
Lesson 11B-12 GQs LA-LEGAL ANSWER/S:
OWNERSHIP LD/E- LEGAL
(149) What is meant by transfer vis--vis DISCUSSIONS/EXPLANATIONS:
a contract of sale? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (155) How is ownership of the thing
LB/R- LEGAL BASIS: transferred to the vendee?
19 | P a g e
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: Lesson 11C-24 GQs
LB/R- LEGAL BASIS: REMEDIES OF UNPAID SELLER
LS-LEGAL SOURCE: (161) When is the vendor not bound to
deliver the thing sold?
(156) So that ownership is transferred LA-LEGAL ANSWER/S:
must the vendor have ownership at LD/E- LEGAL
the time of perfection of the DISCUSSIONS/EXPLANATIONS:
contract? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (162) Who is considered an unpaid
LB/R- LEGAL BASIS: seller?
LD/E- LEGAL
(157) In a sale of specific goods when DISCUSSIONS/EXPLANATIONS:
does ownership pass to the buyer? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (163) What are the remedies of an
LB/R- LEGAL BASIS: unpaid seller?
LD/E- LEGAL
(158) Can a seller who has no DISCUSSIONS/EXPLANATIONS:
ownership over the thing sold transfer LB/R- LEGAL BASIS:
ownership to the buyer? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (164) What is stoppage in transit?
LB/R- LEGAL BASIS:
(159) What are the exceptions to the LS-LEGAL SOURCE:
abovementioned rule?
LA-LEGAL ANSWER/S: (165) What is rescission?
LS-LEGAL SOURCE:
(160) If the seller has a voidable title to
the goods, will the buyer acquire a (166) What is possessory lien?
good title thereto? LA-LEGAL ANSWER/S:
LS-LEGAL SOURCE:
20 | P a g e
(167) What is resale? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (173) Under what cases is a resale of the
LB/R- LEGAL BASIS: goods allowed?
LD/E- LEGAL
(168) Under what cases may the DISCUSSIONS/EXPLANATIONS:
possessory lien of the unpaid seller be LB/R- LEGAL BASIS:
exercised? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (174) Is notice of resale essential to
DISCUSSIONS/EXPLANATIONS: make the resale valid?
(169) Does the unpaid seller lose his lien LB/R- LEGAL BASIS:
if he makes part delivery of the LS-LEGAL SOURCE:
goods?
LA-LEGAL ANSWER/S: (175) What are the effects of resale
LS-LEGAL SOURCE:
(170) Under what circumstances does
an unpaid seller of goods lose his lien (176) Under what circumstances may
thereon? the unpaid seller exercise his right to
LA-LEGAL ANSWER/S: rescind?
LS-LEGAL SOURCE:
(171) What are the requisites so that the
unpaid seller can exercise his right of (177) Is the unpaid sellers right of lien or
stoppage in transit? stoppage in transitu affected by any
LA-LEGAL ANSWER/S: sale or disposition of the goods by the
LD/E- LEGAL buyer?
LB/R- LEGAL BASIS:
(172) How does an unpaid seller stop LS-LEGAL SOURCE:
the goods in transit?
LA-LEGAL ANSWER/S: (178) In case of sale on credit when has
LD/E- LEGAL the vendor the right to withhold
DISCUSSIONS/EXPLANATIONS: delivery?
21 | P a g e
LB/R- LEGAL BASIS: (184) Should the vendor deliver a
LS-LEGAL SOURCE: greater area or number in the
immovable than that stated in the
(179) In what condition shall the thing contract, what is the right of the
object of the contract be delivered vendee?
to the vendee? LA-LEGAL ANSWER/S:
LS-LEGAL SOURCE:
Lesson 12-17 GQs
(180) In the sale of real estate when is BUYER/VENDEE
the vendor said to have delivered the (185) Who is a buyer in a contract of
thing? sale?
(181) In the event the vendor cannot (186) Enumerate the obligations of the
deliver everything as mentioned in buyer/vendee
the contract, what are the remedies LA-LEGAL ANSWER/S:
of the vendee? LD/E- LEGAL
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE: (187) Enumerate the rights of the
buyer/vendee
(182) When is the vendee entitled to LA-LEGAL ANSWER/S:
rescind the sale? LD/E- LEGAL
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE: (188) At what time and place shall
payment and acceptance or
(183) Under what cases may the delivery be made?
vendee choose proportionate LA-LEGAL ANSWER/S:
reduction of the price? LD/E- LEGAL
22 | P a g e
LS-LEGAL SOURCE:
(189) Is the buyer bound to accept
delivery by installments? (194) Does acceptance by the buyer
LA-LEGAL ANSWER/S: bar any action for damages against
LD/E- LEGAL the seller?
LB/R- LEGAL BASIS:
(190) In case the contract provides for LS-LEGAL SOURCE:
delivery of goods by stated
installments which are to be paid for (195) What is required of the buyer if the
separately what remedies are rightfully refuses to accept the
available in case the seller makes goods?
defective deliveries in respect of one LA-LEGAL ANSWER/S:
or more installments, or the buyer LD/E- LEGAL
neglects or refuses without just cause DISCUSSIONS/EXPLANATIONS:
to take delivery of or pay for one or LB/R- LEGAL BASIS:
more installments? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (196) What is the effect of the buyers
DISCUSSIONS/EXPLANATIONS: wrongful refusal to accept the
LB/R- LEGAL BASIS: goods?
LD/E- LEGAL
(191) Has the buyer an absolute right to DISCUSSIONS/EXPLANATIONS:
examine the goods before he LB/R- LEGAL BASIS:
accepts them? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (197) When shall the vendee pay
DISCUSSIONS/EXPLANATIONS: interest of on the purchase price?
(192) In what manner may the buyer LB/R- LEGAL BASIS:
accept the goods delivered? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (198) What are the cases where the
DISCUSSIONS/EXPLANATIONS: vendee can suspend the payment of
LB/R- LEGAL BASIS: the purchase price?
LD/E- LEGAL
(193) What are the cases or implied DISCUSSIONS/EXPLANATIONS:
acceptance? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (199) What are the options of the buyer
LB/R- LEGAL BASIS: in the event the seller delivers a
23 | P a g e
quantity of goods less that he
contracted to sell? (204) When is a contract of sale
LA-LEGAL ANSWER/S: conditional?
LS-LEGAL SOURCE:
(200) What are the options of the buyer
in case the seller delivers a quantity of (205) What is the effect if a unilateral
goods larger than he contracted to promise or offer to sell or to buy a
sell? thing has not been accepted
(201) In the event the seller delivers to (206) What is the effect if a bilateral
the buyer the goods he contracted promise to buy and sell is reciprocally
to sell mixed with goods of a different accepted
description not included in the LA-LEGAL ANSWER/S:
contract, what remedies has the LD/E- LEGAL
buyer? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (207) What is Policitation?
LD/E- LEGAL
KINDS OF SALE LB/R- LEGAL BASIS:
(202) State the two kinds of contract of LS-LEGAL SOURCE:
sale as regard the presence or
absence of conditions. (208) If A promised to sell his car for
LA-LEGAL ANSWER/S: P50,000 to B and B promised to buy
LD/E- LEGAL As specific car for P50,000, is there a
DISCUSSIONS/EXPLANATIONS: perfected contract of sale
(203) When is a contract of sale LB/R- LEGAL BASIS:
absolute? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (209) If the offerer has allowed the
DISCUSSIONS/EXPLANATIONS: offeree a certain period to accept
LB/R- LEGAL BASIS: the offer can the offerer withdraw his
LS-LEGAL SOURCE: offer?
24 | P a g e
LS-LEGAL SOURCE:
(215) What are the applicable rules for
(210) When may an offerer not such kind of sale?
withdraw his offer even though LA-LEGAL ANSWER/S:
acceptance has not yet been LD/E- LEGAL
communicated? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (216) What is the warranty of the seller in
LS-LEGAL SOURCE: a sale by description?
LA-LEGAL ANSWER/S:
(211) What are the kinds of conditional LD/E- LEGAL
sales? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (217) What is the warranty of the seller
LS-LEGAL SOURCE: in a sale by sample?
LA-LEGAL ANSWER/S:
LESSON 13A-2 GQs LD/E- LEGAL
SALE BY SAMPLE DISCUSSIONS/EXPLANATIONS:
(212) When is sale of goods considered LB/R- LEGAL BASIS:
as sale by sample? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (218) What is the warranty of the seller
DISCUSSIONS/EXPLANATIONS: in case the sale is by description and
LB/R- LEGAL BASIS: sample?
LD/E- LEGAL
(213) What are the applicable rules for DISCUSSIONS/EXPLANATIONS:
such kind of sale? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: LESSON 13C-2 GQs
LB/R- LEGAL BASIS: SALE OR RETURN
LS-LEGAL SOURCE: (219) What is a sale or return?
LA-LEGAL ANSWER/S:
LESSON 13B-5 GQs LD/E- LEGAL
SALE BY DESCRIPTION AND SAMPLE DISCUSSIONS/EXPLANATIONS:
(214) When is sale considered sale by LB/R- LEGAL BASIS:
description and sample? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
25 | P a g e
(220) What are the applicable rules for LA-LEGAL ANSWER/S:
such kind of sale? LD/E- LEGAL
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE: (226) Will the above remedies apply to
a contract purporting to be a lease of
LESSON 13D-3 GQs personal property with option to buy?
SALE ON TRIAL OR APPROVAL LA-LEGAL ANSWER/S:
(221) When is a sale considered to be a LD/E- LEGAL
sale on trial or approval? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (227) What is the effect of the
LS-LEGAL SOURCE: stipulation that the installments or
rents paid shall be forfeited by the
(222) Within what time shall the buyer vendor or lessor?
notify the seller of his approval? LA-LEGAL ANSWER/S:
LS-LEGAL SOURCE:
(228) In the event the buyer cannot pay
(223) What re the applicable rules for the agreed installments or the lessee
such kind of sale? the agreed rental, can the vendor or
LA-LEGAL ANSWER/S: the lessee forfeit the installments or
LD/E- LEGAL rentals already paid?
LB/R- LEGAL BASIS:
Lesson 13E-5 GQs LS-LEGAL SOURCE:
INSTALLMENT SALES
(224) What is meant by installment Lesson 13F-3 GQs
sales? MACEDA LAW
LA-LEGAL ANSWER/S: (229) What is the Maceda Law?
LS-LEGAL SOURCE:
(225) What are the remedies of the
vendor in a contract of sale of (230) What is the Maceda Law vis--vis
personal property the price of which a contract of sale?
is payable in installments? LA-LEGAL ANSWER/S:
26 | P a g e
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (236) What is the Recto Law vis--vis a
LB/R- LEGAL BASIS: contract of sale?
LD/E- LEGAL
(231) What are the applicable and DISCUSSIONS/EXPLANATIONS:
relevant features of the law related to LB/R- LEGAL BASIS:
sale? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (237) What are the applicable and
DISCUSSIONS/EXPLANATIONS: relevant features of the law related to
LB/R- LEGAL BASIS: sale?
LD/E- LEGAL
Lesson 13G-3 GQs DISCUSSIONS/EXPLANATIONS:
PD 957 LB/R- LEGAL BASIS:
(232) What is PD 957? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (238) What is chattel?
LB/R- LEGAL BASIS:
(233) What is PD 957 vis--vis a contract LS-LEGAL SOURCE:
of sale?
LA-LEGAL ANSWER/S: (239) What is foreclosure?
LS-LEGAL SOURCE:
(234) What are the applicable and
relevant features of the law related to (240) What are the rules on foreclosure?
sale? LA-LEGAL ANSWER/S:
LS-LEGAL SOURCE:
(241) What are the rules anent
Lesson 13H-7 GQs deficiency and excess vis--vis sale at
RECTO LAW public auction of the thing subjected
(235) What is the Recto Law? to foreclosure?
27 | P a g e
In the case of a sale by auction:
Lesson 13I-5 GQs (1) Where goods are put up for
DOUBLE SALE sale by auction in lots, each lot
(242) What is double sale? is the subject of a separate
LA-LEGAL ANSWER/S: contract of sale.
LD/E- LEGAL (2) A sale by auction is perfected
DISCUSSIONS/EXPLANATIONS: when the auctioneer
LB/R- LEGAL BASIS: announces its perfection by
LS-LEGAL SOURCE: the fall of the hammer, or in
other customary manner. Until
(243) Differentiate movable from each announcement is made,
immovable property any bidder may retract his bid;
LA-LEGAL ANSWER/S: and the auctioneer may
LD/E- LEGAL withdraw the goods from the
DISCUSSIONS/EXPLANATIONS: sale unless the auction has
LB/R- LEGAL BASIS: been announced to be
LS-LEGAL SOURCE: without reserve.
(3) A right bid may be reserved
(244) In case of sale of the same expressly by or on behalf of the
property to two or more vendees to seller, unless otherwise
whom shall ownership of the thing provided by law or by
pertain? stipulation.
LA-LEGAL ANSWER/S: (4) When notice has not been
LD/E- LEGAL given that a sale by auction is
DISCUSSIONS/EXPLANATIONS: subject to a right to bid on
LB/R- LEGAL BASIS: behalf of the seller, it shall not
LS-LEGAL SOURCE: be lawful for the seller to bid
himself or to employ or induce
(245) What is meant by possession in any person to bid at such sale
good faith? on his behalf or for the
LA-LEGAL ANSWER/S: auctioneer, to employ or
LD/E- LEGAL induce any person to bid at
DISCUSSIONS/EXPLANATIONS: such sale on behalf of the
LB/R- LEGAL BASIS: seller or knowingly to take any
LS-LEGAL SOURCE: bid from the seller or any
person employed by him. Any
(246) What is meant by registrant in sale contravening this rule
good faith? may be treated as fraudulent
LA-LEGAL ANSWER/S: by the buyer.
LD/E- LEGAL
LS-LEGAL SOURCE: In the case of a sale by auction:
(1) Where goods are put up for
Lesson 13J-6 GQs sale by auction in lots, each lot
SALE BY AUCTION is the subject of a separate
(247) What is sale by auction? contract of sale.
LA-LEGAL ANSWER/S:
28 | P a g e
(2) A sale by auction is perfected (1) Where goods are put up for
when the auctioneer sale by auction in lots, each lot
announces its perfection by is the subject of a separate
the fall of the hammer, or in contract of sale.
other customary manner. Until (2) A sale by auction is perfected
each announcement is made, when the auctioneer
any bidder may retract his bid; announces its perfection by
and the auctioneer may the fall of the hammer, or in
withdraw the goods from the other customary manner. Until
sale unless the auction has each announcement is made,
been announced to be any bidder may retract his bid;
without reserve. and the auctioneer may
(3) A right to bid may be reserved withdraw the goods from the
expressly by or on behalf of the sale unless the auction has
seller, unless otherwise been announced to be
provided by law or by without reserve.
stipulation. (3) A right to bid may be reserved
(4) Where notice has not been expressly by or on behalf of the
given that a sale by auction is seller, unless otherwise
subject to a right to bid on provided by law or by
behalf of the seller, it shall not stipulation.
be lawful for the seller to bid (4) Where notice has not been
himself or to employ or induce given that a sale by auction is
any person to bid at such sale subject to a right to bid on
on his behalf or for the behalf of the seller, it shall not
auctioneer, to employ or be lawful for the seller to bid
induce any person to bid at himself or to employ or induce
such sale on behalf of the any person to bid at such sale
seller or knowingly to take any on his behalf or for the
bid from the seller or any auctioneer, to employ or
person employed by him. Any induce any person to bid at
sale contravening this rule such sale on behalf of the
may be treated as fraudulent seller or knowingly to take any
by the buyer. bid from the seller or any
person employed by him. Any
LB/R- LEGAL BASIS: sale contravening this rule
Article 1476 of the Civil Code of may be treated as fraudulent
the Philippines also known as by the buyer.
Republic Act 386
LD/E- LEGAL
Sale perfected by the fall of
(248) When is sale by auction the hammer. In putting up the
perfected? goods for sale, the seller is merely
LA-LEGAL ANSWER/S: making an invitation to those
In the case of a sale by present to make offers which they
auction: do by making bids, one of which
is ultimately accepted. Each bid is
29 | P a g e
an offer and the contract is any person to bid at such sale
perfected only by the fall of the on his behalf or for the
hammer or in other customary auctioneer, to employ or
manner. induce any person to bid at
such sale on behalf of the
LB/R- LEGAL BASIS: seller or knowingly to take any
Article 1476 of the Civil Code of bid from the seller or any
the Philippines also known as person employed by him. Any
Republic Act 386 sale contravening this rule
may be treated as fraudulent
LS-LEGAL SOURCE: by the buyer.
p. 29. De Leon, H. S. (2013) The
Law on Sales, Agency and Credit LD/E- LEGAL
Transactions. (2013) Manila : Rex DISCUSSIONS/EXPLANATIONS:
Book Store. It follows that the bidder may
retract his bid and the auctioneer
(249) In, auction sale can be may withdraw the goods from
auctioneer withdraw the goods from sale any time before the hammer
the sale? falls. However, if the sale has been
LA-LEGAL ANSWER/S: announced to be without reserve,
In case of a sale by auction: the auctioneer cannot withdraw
(1) Where goods are put up for the goods from sale once a bid
sale by auction in lots, each lot has been made and the highest
is the subject of a separate bidder has a right to enforce his
contract of sale. bid.
(2) A sale by auction is perfected
when the auctioneer LB/R- LEGAL BASIS:
announces its perfection by Article 1476 of the Civil Code of
the fall of the hammer, or in the Philippines also known as
other customary manner. Until Republic Act 386
each announcement is made,
any bidder may retract his bid; LS-LEGAL SOURCE:
and the auctioneer may p. 29. De Leon, H. S. (2013) The
withdraw the goods from the Law on Sales, Agency and Credit
sale unless the auction has Transactions. (2013) Manila ; Rex
been announced to be Book Store.
without reserve.
(3) A right to bid may be reserved (250) Is the seller or his agent allowed to
expressly by or on behalf of the bid?
seller, unless otherwise LA-LEGAL ANSWER/S:
provided by law or by In the case of a sale by
stipulation. auction:
(4) Where notice has not been (1) Where goods are put up for
given that a sale by auction is sale by auction in lots, each lot
subject to a right to bid on is the subject of a separate
behalf of the seller, it shall not contract of sale.
be lawful for the seller to bid (2) A sale by auction is perfected
himself or to employ or induce when the auctioneer
30 | P a g e
announces its perfection by
the fall of the hammer, or in LS-LEGAL SOURCE:
other customary manner. Until p. 29. De Leon, H. S. (2013) The
each announcement is made, Law on Sales, Agency and Credit
any bidder may retract his bid; Transactions. (2013) Manila ; Rex
and the auctioneer may Book Store.
withdraw the goods from the
sale unless the auction has (251) What is puffing or by bidding?
been announced to be LA-LEGAL ANSWER/S:
without reserve. In the case of a sale by
(3) A right to bid may be reserved auction:
expressly by or on behalf of the (1) Where goods are put up for
seller, unless otherwise sale by auction in lots, each lot
provided by law or by is the subject of a separate
stipulation. contract of sale.
(4) Where notice has not been (2) A sale by auction is perfected
given that a sale by auction is when the auctioneer
subject to a right to bid on announces its perfection by
behalf of the seller, it shall not the fall of the hammer, or in
be lawful for the seller to bid other customary manner. Until
himself or to employ or induce each announcement is made,
any person to bid at such sale any bidder may retract his bid;
on his behalf or for the and the auctioneer may
auctioneer, to employ or withdraw the goods from the
induce any person to bid at sale unless the auction has
such sale on behalf of the been announced to be
seller or knowingly to take any without reserve.
bid from the seller or any (3) A right to bid may be reserved
person employed by him. Any expressly by or on behalf of the
sale contravening this rule seller, unless otherwise
may be treated as fraudulent provided by law or by
by the buyer. stipulation.
(4) Where notice has not been
DISCUSSIONS/EXPLANATIONS: subject to a right to bid on
The seller or his agent may bid behalf of the seller, it shall not
in an auction sale provided: (a) be lawful for the seller to bid
such right was reserved; (b) notice himself or to employ or induce
was given that the sale is subject any person to bid at such sale
to a right to bid on behalf of the on his behalf or for the
seller; and (c) the right to bid by auctioneer, to employ or
the seller is not prohibited by law induce any person to bid at
or stipulation. such sale on behalf of the
seller or knowingly to take any
LB/R- LEGAL BASIS: person employed by him. Any
Article 1476 of the Civil Code of sale contravening this rule
the Philippines also known as may be treated as fraudulent
Republic Act 386 by the buyer.
31 | P a g e
Where notice has not been
DISCUSSIONS/EXPLANATIONS: subject to a right to bid on behalf
Person who, without any of the seller, it shall not be lawful
intention to buy, are employed by for the seller to bid himself or to
the seller to raise the price by employ or induce any person to
fictitious bids, thereby increasing bid at such sale on his behalf or for
the competition among the the auctioneer, to employ or
bidders, while they themselves are induce any person to bid at such
secured from risk by a secret sale on behalf of the seller or
undertaking with the seller that knowingly to take any bid from
they shall not be bound by their the seller or any person employed
bids. by him. Any sale contravening this
rule may be treated as fraudulent
LB/R- LEGAL BASIS: by the buyer.
Article 1476 of the Civil Code of
the Philippines also known as LD/E- LEGAL
Republic Act 386 DISCUSSIONS/EXPLANATIONS:
Though bidding by the seller or
LS-LEGAL SOURCE: his agent is fraudulent, a right to
bid may be expressly reserved by
(252) Under what circumstances the or on behalf of the seller. It is,
auction sale may be treated as therefore, the secrecy of puffing
fraudulent by the buyer? which renders it a fraud upon
LA-LEGAL ANSWER/S: bidding. Where there is notice of
In the case of a sale by the intention to bid by the seller,
auction: the bidding in such a case would
(1) Where goods are put up for not operate as a fraud.
sale by auction in lots, each lot
is the subject of a separate LB/R- LEGAL BASIS:
contract of sale. Article 1476 of the Civil Code of
(2) A sale by auction is perfected the Philippines also known as
when the auctioneer Republic Act 386
announces its perfection by
the fall of the hammer, or in LS-LEGAL SOURCE:
other customary manner. Until p. 29-30. De Leon, H. S. (2013) The
each announcement is made, Law on Sales, Agency and Credit
any bidder may retract his bid; Transactions. (2013) Manila : Rex
and the auctioneer may Book Store.
withdraw the goods from the
sale unless the auction has Lesson 14-9 GQs
been announced to be RULES ON
without reserve. LOSS/DETERIORATION/IMPROVEMENT
(3) A right to bid may be reserved (253) What is loss in contemplation of
expressly by or on behalf of the the law?
seller, unless otherwise LA-LEGAL ANSWER/S:
provided by law or by LD/E- LEGAL
stipulation. DISCUSSIONS/EXPLANATIONS:
32 | P a g e
LB/R- LEGAL BASIS: Loss in civil law may be:
LS-LEGAL SOURCE: (1) Physical Loss when a thing
perishes as when a house is
(254) What are the kinds of loss? burned and reduced to ashes;
LA-LEGAL ANSWER/S: (2) Legal Loss when a thing goes
When the conditions have out of commerce or when a
been imposed with the intention thing heretofore legal
of suspending the efficacy of an becomes illegal; or
obligation to give, the following (3) Civil Loss when a thing
rules shall be observed in case of disappears in such a way that
the improvement, loss or its existence is unknown; or
deterioration of the thing during even if known, it cannot be
the pendency of the condition: recovered, whether as a
(1) If the thing is lost without the matter of fact or of law.
fault of the debtor, the
obligation shall be LB/R- LEGAL BASIS:
extinguished; Article 1189 of the Civil Code of
(2) If the thing is lost through the the Philippines also known as
fault of the debtor, he shall be Republic Act 386
obliged to pay damages; it is
understood that the thing is LS-LEGAL SOURCE:
lost when it perishes, or goes p. 101. De Leon, H. S. (2011) The
out of commerce, or Law on Obligation and Contracts.
disappears in such a way that (2011) Manila : Rex Book Store.
its existence is unknown or it
cannot be recovered; (255) What is meant by deterioration?
(3) When the thing deteriorates LA-LEGAL ANSWER/S:
without the fault of the debtor, LD/E- LEGAL
the impairment is to be borne DISCUSSIONS/EXPLANATIONS:
by the creditor; LB/R- LEGAL BASIS:
(4) If it deteriorates through the LS-LEGAL SOURCE:
fault of the debtor, the creditor
may choose between the (256) What is meant by improvement?
recession of the obligation LA-LEGAL ANSWER/S:
and its fulfillment, with LD/E- LEGAL
indemnity for damages in DISCUSSIONS/EXPLANATIONS:
either case; LB/R- LEGAL BASIS:
(5) If the thing is improved by its LS-LEGAL SOURCE:
nature, or by the time, the
improvement shall inure to the (257) What are the rules anent loss vis-
benefit of the creditor; vis sale?
(6) If it is improved at the expense LA-LEGAL ANSWER/S:
of the debtor, he shall have no In case of loss, deterioration or
other right than that granted improvement of the thing before
to the usufructuary. (1122) its delivery, the rules in article 1189
shall be observed, the vendor
LD/E- LEGAL being considered the debtor.
33 | P a g e
LD/E- LEGAL
Article 1189 of the Civil Code p. 121-122. De Leon, H. S. (2013)
states: The Law on Sales, Agency and
When the conditions have Credit Transactions. (2013) Manila
been imposed with the intention : Rex Book Store.
of suspending the efficacy of an
obligation to give, the following (258) What are the rules anent
rules shall be observed in case of deterioration vis-v-vis sale?
the improvement, loss or LA-LEGAL ANSWER/S:
deterioration of the thing during In case of loss, deterioration or
the pendency of the condition: improvement of the thing before
(1) If the thing is lost without the its delivery, the rules in article 1189
fault of the debtor, the shall be observed, the vendor
obligation shall be being considered the debtor.
extinguished;
(2) If the thing lost through the LD/E- LEGAL
fault of the debtor, he shall be DISCUSSIONS/EXPLANATIONS:
obliged to pay damages; it is Article 1189 of the Civil Code
understood that the thing is states:
lost when it perishes, or goes When the conditions have
out of commerce, or been imposed with the intention
disappears in such a way that of suspending the efficacy of an
its existence is unknown or it obligation to give, the following
cannot be recovered; rules shall be observed in case of
(3) When the thing deteriorates the improvement, loss or
without the fault of the debtor, deterioration of the thing during
the impairment is to be borne the pendency of the condition:
by the creditor; (1) If the thing is lost without the
(4) If, it deteriorates through the fault of the debtor, the
fault of the debtor, the creditor obligation shall be
may choose between the extinguished;
rescission of the obligation and (2) If the thing lost through the
its fulfillment, with indemnity for fault of the debtor, he shall be
damages in either case; obliged to pay damages; it is
(5) If the thing is improved by its understood that the thing is
nature, or by time, the lost when it perishes, or goes
improvement shall inure to the out of commerce, or
benefit of the creditor; disappears in such a way that
(6) If it is improved at the expense its existence is unknown or it
of the debtor, he shall have no cannot be recovered;
other right than that granted (3) When the thing deteriorates
to the usufructuary. without the fault of the debtor,
the impairment is to be borne
LB/R- LEGAL BASIS: by the creditor;
Article 1538 of the Civil Code of (4) If, it deteriorates through the
the Philippines also known as fault of the debtor, the creditor
Republic Act 386 may choose between the
34 | P a g e
rescission of the obligation and (2) If the thing lost through the
its fulfillment, with indemnity for fault of the debtor, he shall be
damages in either case; obliged to pay damages; it is
(5) If the thing is improved by its understood that the thing is
nature, or by time, the lost when it perishes, or goes
improvement shall inure to the out of commerce, or
benefit of the creditor; disappears in such a way that
(6) If it is improved at the expense its existence is unknown or it
of the debtor, he shall have no cannot be recovered;
other right than that granted (3) When the thing deteriorates
to the usufructuary. without the fault of the debtor,
LB/R- LEGAL BASIS: by the creditor;
Article 1538 of the Civil Code of (4) If, it deteriorates through the
the Philippines also known as fault of the debtor, the creditor
Republic Act 386 may choose between the
rescission of the obligation and
LS-LEGAL SOURCE: its fulfillment, with indemnity for
p. 121-122. De Leon, H. S. (2013) damages in either case;
The Law on Sales, Agency and (5) If the thing is improved by its
Credit Transactions. (2013) Manila nature, or by time, the
: Rex Book Store. improvement shall inure to the
benefit of the creditor;
(259) What are the rules anent (6) If it is improved at the expense
improvement vis--vis sale? of the debtor, he shall have no
LA-LEGAL ANSWER/S: other right than that granted
In case of loss, deterioration or to the usufructuary.
improvement of the thing before
its delivery, the rules in article 1189 LB/R- LEGAL BASIS:
shall be observed, the vendor Article 1538 of the Civil Code of
being considered the debtor. the Philippines also known as
Republic Act 386
LD/E- LEGAL
Article 1189 of the Civil Code p. 121-122. De Leon, H. S. (2013)
states: The Law on Sales, Agency and
When the conditions have been Credit Transactions. (2013) Manila
imposed with the intention of : Rex Book Store.
suspending the efficacy of an
obligation to give, the following (260) If the thing object of the contract
rules shall be observed in case of of sale is lost, who shall suffer the risk
the improvement, loss or of loss?
deterioration of the thing during LA-LEGAL ANSWER/S:
the pendency of the condition: In case of loss, deterioration or
(1) If the thing is lost without the improvement if the thing before its
fault of the debtor, the delivery, the rules in article 1189
obligation shall be shall be observed, the vendor
extinguished; being considered the debtor.
35 | P a g e
Article 1538 of the Civil Code of
LD/E- LEGAL the Philippines also known as
DISCUSSIONS/EXPLANATIONS: Republic Act 386
Article 1189 of the Civil Code
states: LS-LEGAL SOURCE:
When the conditions have p. 121-122. De Leon, H. S. (2013)
been imposed with the intention The Law on Sales, Agency and
of suspending the efficacy of an Credit Transactions. (2013) Manila
obligation to give, the following : Rex Book Store.
rules shall be observed in case of
the improvement, loss or (261) What are the rules to govern in
deterioration of the thing during case the object of the contract is lost?
the pendency of the condition: LA-LEGAL ANSWER/S:
(1) If the thing is lost without the In case of loss, deterioration or
fault of the debtor, the improvement of the thing before
obligation shall be its delivery, the rules in article 1189
extinguished; shall be observed, the vendor
(2) If the thing lost through the being considered the debtor.
fault of the debtor, he shall be
obliged to pay damages; it is LD/E- LEGAL
understood that the thing is DISCUSSIONS/EXPLANATIONS:
lost when it perishes, or goes Article 1189 of the Civil Code
out of commerce, or states:
disappears in such a way that When the conditions have
its existence is unknown or it been imposed with the intention
cannot be recovered; of suspending the efficacy of an
(3) When the thing deteriorates obligation to give, the following
without the fault of the debtor, rules shall be observed in case of
the impairment is to be borne the improvement, loss or
by the creditor; deterioration of the thing during
(4) If, it deteriorates through the the pendency of the condition:
fault of the debtor, the creditor (1) If the thing is lost without the
may choose between the fault of the debtor, the
rescission of the obligation and obligation shall be
its fulfillment, with indemnity for extinguished;
damages in either case; (2) If the thing lost through the
(5) If the thing is improved by its fault of the debtor, he shall be
nature, or by time, the obliged to pay damages; it is
improvement shall inure to the understood that the thing is
benefit of the creditor; lost when it perishes, or goes
(6) If it is improved at the expense out of commerce, or
of the debtor, he shall have no disappears in such a way that
other right than that granted its existence is unknown or it
to the usufructuary. cannot be recovered;
(3) When the thing deteriorates
LB/R- LEGAL BASIS: without the fault of the debtor,
by the creditor;
36 | P a g e
(4) If, it deteriorates through the
fault of the debtor, the creditor (265) What remedies are available for
may choose between the breach of contract of sale?
rescission of the obligation and LA-LEGAL ANSWER/S:
its fulfillment, with indemnity for LD/E- LEGAL
damages in either case; DISCUSSIONS/EXPLANATIONS:
(5) If the thing is improved by its LB/R- LEGAL BASIS:
nature, or by time, the LS-LEGAL SOURCE:
improvement shall inure to the
benefit of the creditor; (266) What is an action for rescission?
(6) If it is improved at the expense LA-LEGAL ANSWER/S:
of the debtor, he shall have no LD/E- LEGAL
other right than that granted DISCUSSIONS/EXPLANATIONS:
to the usufructuary. LB/R- LEGAL BASIS:
LS-LEGAL SOURCE:
LB/R- LEGAL BASIS:
Article 1538 of the Civil Code of (267) What is an action for
the Philippines also known as proportionate reduction of the price?
Republic Act 386 LA-LEGAL ANSWER/S:
LD/E- LEGAL
p. 121-122. De Leon, H. S. (2013) LB/R- LEGAL BASIS:
The Law on Sales, Agency and LS-LEGAL SOURCE:
Credit Transactions. (2013) Manila
: Rex Book Store. (268) What is the Latin term for such
action?
Lesson 15-25 GQs LA-LEGAL ANSWER/S:
ACTIONS LD/E- LEGAL
(262) What is action? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (269) What are the rights of the vendee
LS-LEGAL SOURCE: in case the vendor could not deliver
everything designated in the
(263) What is action vis--vis sale? contract?
(264) What is breach of contract? (270) Within what time shall the action
LA-LEGAL ANSWER/S: for either rescission of the contract or
LD/E- LEGAL the proportionate reduction of the
DISCUSSIONS/EXPLANATIONS: price expire?
LS-LEGAL SOURCE:
37 | P a g e
(271) Where the obligation of either the (276) Who may file an action for the
vendor or the vendee to a contract breach of contract of sale of goods?
of sale is subject to any condition LA-LEGAL ANSWER/S:
which is not performed, what are the LD/E- LEGAL
remedies of the parties? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (277) What are the actions available for
LS-LEGAL SOURCE: breach of the contract of sale of
goods available to the seller?
(272) What are the cases where the LA-LEGAL ANSWER/S:
vendee cannot suspend the LD/E- LEGAL
payment of the price? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (278) Under what circumstances can
LS-LEGAL SOURCE: the seller avail of any of the actions
for breach of contract of sale of
(273) When may the vendor goods?
immediately sue for rescission of the LA-LEGAL ANSWER/S:
sale of immovable property? LD/E- LEGAL
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE: (279) When may the seller maintain an
action against the buyer for
(274) What is the effect of a stipulation damages?
in a contract of sale of immovable LA-LEGAL ANSWER/S:
property authorizing automatic LD/E- LEGAL
rescission of the sale? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (280) What is the measure of damages
LS-LEGAL SOURCE: the seller can recover from the
buyer?
(275) When shall automatic rescission of LA-LEGAL ANSWER/S:
the sale of movable property take LD/E- LEGAL
place? DISCUSSIONS/EXPLANATIONS:
38 | P a g e
LS-LEGAL SOURCE:
(286) If the sale involves two or more
(281) When may the seller sue for immovables for single price which
rescission of the contract? aside from the boundaries being
LA-LEGAL ANSWER/S: mentioned, its area or number is
LD/E- LEGAL designated in the contract when is
DISCUSSIONS/EXPLANATIONS: the vendor considered to have
LB/R- LEGAL BASIS: complied with his obligation to
LS-LEGAL SOURCE: deliver?
LA-LEGAL ANSWER/S:
(282) What are the actions available to LD/E- LEGAL
the buyer in case of breach of DISCUSSIONS/EXPLANATIONS:
contract by the seller? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: Lesson 16-37 GQs
LB/R- LEGAL BASIS: EXTINGUISHMENT OF SALE
LS-LEGAL SOURCE: (287) How is contract of sale
extinguished?
(283) What are the requisites to be LA-LEGAL ANSWER/S:
performed in case the buyer elects to LD/E- LEGAL
rescind the contract? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (288) What is conventional
LS-LEGAL SOURCE: redemption?
LA-LEGAL ANSWER/S:
(284) Under what cases is the remedy of LD/E- LEGAL
rescission not available to the buyer? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (289) What is the Latin term/another
LS-LEGAL SOURCE: term for a sale with a right to
repurchase?
(285) In case of sale of real estate or a LA-LEGAL ANSWER/S:
lump sum and not at the rate of a LD/E- LEGAL
certain sum for a unit of measure or DISCUSSIONS/EXPLANATIONS:
number, what rules apply in case of LB/R- LEGAL BASIS:
either a greater or lesser area or LS-LEGAL SOURCE:
number than that stated in the
contract? (290) Does conventional redemption
LA-LEGAL ANSWER/S: apply to sales of both immovable
LD/E- LEGAL and movable property?
39 | P a g e
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE: (296) In the case of sale of immovable
property with a right to repurchase,
(291) What are the cases where the does absolute ownership
contract with a right to repurchase automatically transfer to the vendee
be presumed as an equitable if the vendor fails to repurchase within
mortgage? the period stipulated?
(292) What is equitable mortgage? (297) Against whom shall the vendor
LA-LEGAL ANSWER/S: bring his action to repurchase?
LS-LEGAL SOURCE:
(293) In case of doubt, how shall a
contract purporting to be a sale with (298) Who else aside from the vendor
right to repurchase be construed? may exercise the vendors right or
LA-LEGAL ANSWER/S: repurchase?
LS-LEGAL SOURCE:
(294) What is the remedy in case the
parties really intended a mortgage (299) If the vendor sells a part of an
but the instrument states that it is an undivided immovable with a right to
absolute sale or with a right to purchase to the vendee, and the
repurchase? vendee subsequently acquires the
LA-LEGAL ANSWER/S: whole immovable under Art. 498, can
LD/E- LEGAL the vendor be compelled to redeem
DISCUSSIONS/EXPLANATIONS: the whole property if he wishes to
LB/R- LEGAL BASIS: make use of his right of redemption?
LD/E- LEGAL
(295) Within what period shall the right DISCUSSIONS/EXPLANATIONS:
to repurchase be exercised by the LB/R- LEGAL BASIS:
vendor? LS-LEGAL SOURCE:
LA-LEGAL ANSWER/S:
LD/E- LEGAL (300) If several co-owners of an
DISCUSSIONS/EXPLANATIONS: undivided immovable sold their
LB/R- LEGAL BASIS: shares jointly or collectively, in the
LS-LEGAL SOURCE: same contract with a right of
40 | P a g e
repurchase may anyone of them LB/R- LEGAL BASIS:
exercise his right for more than his LS-LEGAL SOURCE:
respective share?
LA-LEGAL ANSWER/S: (305) In case a piece of land is sold with
LD/E- LEGAL a right to repurchase and the vendor
DISCUSSIONS/EXPLANATIONS: avails himself of the right of
LB/R- LEGAL BASIS: redemption what are the rights of the
LS-LEGAL SOURCE: redemption what are the rights of the
parties to the fruits of the land?
(301) In the case a person sells an LA-LEGAL ANSWER/S:
immovable alone with a right to LD/E- LEGAL
repurchase dies before exercising his DISCUSSIONS/EXPLANATIONS:
right of redemption, leaving several LB/R- LEGAL BASIS:
heirs, may the heirs exercise his right LS-LEGAL SOURCE:
of redemption?
LA-LEGAL ANSWER/S: (306) In what condition shall the vendor
LD/E- LEGAL a retro recover the thing sold?
LB/R- LEGAL BASIS:
(302) If each one of the co-owners of LS-LEGAL SOURCE:
an undivided immovable sells his
share separately but to the same (307) Define Legal Redemption.
vendee, can the vendee be LA-LEGAL ANSWER/S:
compelled to allow partial LD/E- LEGAL
redemption? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (308) Who are granted the right of legal
LS-LEGAL SOURCE: redemption?
LA-LEGAL ANSWER/S:
(303) Should the vendee a retro leave LD/E- LEGAL
several heirs, against whom shall the DISCUSSIONS/EXPLANATIONS:
action for redemption be brought? LB/R- LEGAL BASIS:
LD/E- LEGAL
DISCUSSIONS/EXPLANATIONS: (309) What is the purpose of granting
LB/R- LEGAL BASIS: the right of legal redemption to co-
LS-LEGAL SOURCE: owners?
LA-LEGAL ANSWER/S:
(304) What requites must be complied LD/E- LEGAL
with before the vendor can exercise DISCUSSIONS/EXPLANATIONS:
his right of redemption? LB/R- LEGAL BASIS:
LD/E- LEGAL
41 | P a g e
(310) What requisites must be present LA-LEGAL ANSWER/S:
for a co-owner to exercise the right of LD/E- LEGAL
legal redemption? DISCUSSIONS/EXPLANATIONS:
LB/R- LEGAL BASIS: (316) Should two or more adjoining
LS-LEGAL SOURCE: landowners desire to exercise the
right of redemption at the same time,
(311) For how much shall the co-owner which of them should be preferred?
redeem the property sold? LA-LEGAL ANSWER/S:
LS-LEGAL SOURCE:
(317) What are the rights of owners of
(312) What is the rule if two or more co- adjoining urban lands in the case of
owners desire to exercise the right of sale of urban lands?
redemption? LA-LEGAL ANSWER/S:
LS-LEGAL SOURCE:
(318) When shall the adjacent owners
(313) If a co-owner sells his share to of urban lands exercise the right of
another co-owner can the other co- pre-emption?
owner exercise the right of LA-LEGAL ANSWER/S:
redemption? LD/E- LEGAL
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE: (319) When shall the owners of the
adjoining lands exercise the right of
(314) Which adjoining owners are redemption?
granted the right of redemption? LA-LEGAL ANSWER/S:
LS-LEGAL SOURCE:
(320) Who shall be preferred in case
(315) What requisites must be present two or more owners of adjoining
for adjacent owners of rural lands to lands wish to exercise the right of pre-
exercise the right of legal emption of redemption?
redemption? LA-LEGAL ANSWER/S:
42 | P a g e
LD/E- LEGAL
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE:
(321) Within what time shall the right of

pre-emption or redemption be
exercised?
LA-LEGAL ANSWER/S:
LD/E- LEGAL
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE:
(322) What requisite must be followed

so that the deed of sale can be
recorded in the Registry of Property?
LA-LEGAL ANSWER/S:
LD/E- LEGAL
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE:
(323) If both co-owners and adjoining

owners would want to exercise the
right of redemption at the same time,
who shall be preferred?
LA-LEGAL ANSWER/S:
LD/E- LEGAL
LB/R- LEGAL BASIS:
LS-LEGAL SOURCE:
end of SALES-(323 GQ)

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THE GREATER THE GLORY!
YOU WILL BECOME A CPA!
Prepared by:
ATTY. GENE B. CALONGE

Assistant Professor
43 | P a g e

Business Law 2: Workbook

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Business Law 2: Workbook

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WORKBOOK

LD/E- LEGAL LS-LEGAL SOURCE:

LD/E- LEGAL (10) Why is a contract of sale bilateral?

LS-LEGAL SOURCE: LB/R- LEGAL BASIS:

(12) Why is a contract of sale LS-LEGAL SOURCE:

LS-LEGAL SOURCE: LB/R- LEGAL BASIS:

LB/R- LEGAL BASIS: LD/E- LEGAL

LS-LEGAL SOURCE: (31) What are the effects of

LS-LEGAL SOURCE: LD/E- LEGAL

(37) If a contract contains provisions LS-LEGAL SOURCE:

(321) Within what time shall the right of

(322) What requisite must be followed

(323) If both co-owners and adjoining

end of SALES-(323 GQ)

YOU WILL BECOME A CPA!

ATTY. GENE B. CALONGE

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