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LAW ON SALES A.

No, since it will put the predecessor at the risk of harm


Preliminary Examination from a tempted buyer, contrary to public policy.
St. Bridget College B. Yes, since the death of the decedent is certain to
Atty. Sonny Jose M. Ricablanca occur.
C. No, since the seller owns no inheritance while his
1. A contract whereby one of the contracting parties predecessor lives.
obligates himself to transfer theownership of and to D. Yes, but on the condition that the amount of the
deliver a determinate thing and the other to pay therefore inheritance can only be ascertained after the
aprice certain in money or its equivalent is a contract of: obligations of the estate have been paid
A. barter
B. sale 10. A buyer ordered 5,000 apples from the seller at P20 per
C. dacion en pago apple. The seller delivered 6,000 apples. What are
D. mortgage the rights and obligations of the buyer?

2. The following are the essential elements of a contract A. He can accept all 6,000 apples and pay the seller at
of sale except: P20 per apple.
A. consent of the contracting parties B. He can accept all 6,000 apples and pay a lesser price
for the 1,000 excess apples.
B. subject matter which should be determinate
C. He can keep the 6,000 apples without paying for the
C. price which is certain money or its equivalent 1,000 excess since the seller delivered them anyway.
D. warranty against eviction and against hidden defects D. He can cancel the whole transaction since the seller
violated the terms of their agreement
3. The following are the characteristics of a contract of sale
except: 11. Lino entered into a contract to sell with Ramon,
A. principal which means a contract of sale can stand by undertaking to convey to the latter one of the five lots
itself he owns, without specifying which lot it was, for the
B. real price of P1 Million. Later, the parties could not agree which
which requires the delivery of the object of the contr of five lots he owned Lino undertook to sell to
act of sale for itsperfection Ramon. What is the standing of the contract?
C. onerous where rights are acquired in exchange of a A. Unenforceable
valuable consideration B. Voidable
D. bilateral which means that both parties are bound C. Rescissible
reciprocally to each other D. Void

4. One of the following is not a requisite of the object of a 12. The buyer has the right to the fruits of the things:
contract of sale. A. From the time the fruits have been delivered
A. It must be within the commerce of men B. From the time the obligation to deliver the
B. It must be licit thing bought arises
C. It must be determinate or determinable C. From the time of perfection of the saled
D. Vendor must have the right to transfer the ownership D. From the time the thing is about to delivered
of the thing at the time of sale
13. Kat sold his cat to James for P 15,000. No payment has
5. He has the obligation of paying the price of the sale. been made and the sale document does not provide for
A. Vendor the date of the delivery . Before the delivery and
B. Vendee payment, the cat gave birth to a kitten. Which of the
C. Seller following statements is true?
D. Transferor A. James is entitled to the kitten which was born
after the perfection of the sale.
6. It is a contract in the nature of an option to purchase. B. Kat is entitled to the fruit as James has not yet
A. Sale or return paid the price.
B. Absolute sale C. Kat is entitled to the fruit because it was born
C. Sale on approval before his obligation to deliver the cat.
D. Sale with right to repurchase D. James should pay an additional amount for the
kitten to be entitled to it.
7. A contract of sale is not:
A. Onerous contract 14. Ron delivered his car to Marie by way of a sale with the
B. Accessory contract understanding that on the day following such delivery Ron
C. Commutative contract will name and give the purchase price. The said day came
D. Bilateral contract and Ron telephoned Marie and stated that the price is at P
500,000.00. Is the sale perfected?
8. When a sale of a piece of land or any interest therein is A. Yes because the price was named and given on
through an agent, the authority of the agent shall be in the agreed date.
writing, otherwise the sale is: B. No the price was left to the discretion of the
A. Valid seller only
B. Voidable C. Yes since there was already delivery of the thing sold.
C. Unenforceable D. No the price named by the seller was not accepted
D. Void by the buyer

9. Can future inheritance be the subject of a contract of sale? 15. Three of the following are option money. Which is the
exception?
A. Given when contract of the sale is perfected.
B. Given when there is no contract of sale but as
a consideration.
C. Given to bind the offeror in a unilateral promise to buy
or sell
D. Given as the consideration distinct from the price

16. In sales this is actual delivery:


A. Upon execution and signing of the deed of sale
B. Goods sold are placed in the control and
possession of the vendee
C. Delivery by the vendor of the keys to the place where
the goods are kept or stored
D. The vendee is already in possession of the goods even
before the sale

II. Essay:

1. What are the obligations of the vendor and vendee in


a contract of sale?
2. What is the difference between a contract of sale and
a contract to sell?
3. What is the difference between option money and
earnest money?

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