1. As a rule, this contract of deal involving a piece of land is void,
A. Between a minor and a capacitated person.
B. Between two insane persons who
... [Show More] did not act during lucid interval
C. Between first degree cousins
D. Between husband and wife
2. X, 17 years old, sold to Z, of legal age, her necklace worth P20,000 for P15,000. Later, Z sold the necklace to Y for P20,000. Which of the following statements is correct?
A. X has got a voidable title because at the time of deal, she is a minor
B. X can ask for rescission of the deal to Y because she suffered a lesion of more than ¼ of the value of the property.
C. If Y is in bad faith, Y becomes the owner of the necklace upon delivery to him but his title is voidable.
D. X can ask for the annulment of the deal to Y because at the time of deal she is a minor.
3. This serves as a proof of the perfection of the contract of deal
A. Dacion en pago
B. Option money
C. Delivery
D. Arras
A. contract of deal it is pardon it is a(an)
A. Onerous contract
B. Accessory contract
C. Commutative contract
D. Bilateral contract 5.Warranty against hidden defects is
A. An essential element
B. A natural element
C. An accidental element
D. An artificial element
7. Pardon time a deal of a piece of land or any interest therein is through an agent, the authority of the agent shall be in writing, otherwise the deal is
A. Valid
B. Voidable
C. Unenforceable
D. Void
8. The deal of an expected thing
A. Dacion en pago
B. Payment by cession
C. Emptiospei
D. Emptio rei-speratae
9. The deal of the hope itself
A. Dacion en pago
B. Payment by cession
C. Emptio spei
D. Emptio rei-speratae
10. One of the following it is pardon it is correct
A. Things subject to a resolutory condition may be the object of the contract of deal.
B. A thing is generic pardon time it is particularly designated or physically segregated from all others of the same class.
C. Things having a potential existence may be the object of the contract of deal.
D. The sole owner of a thing may sell an undivided interest therein
11. 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?
A. Both are contracts of deal
B. Both are contracts for a piece of work
C. First is a contract of deal second is a contract for a piece of work
D. First is a contract for a piece of work, second is a contract of deal
12. 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 deal. 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?
A. DD may compel V to accept the P12,000,000 first offered.
B. V may compel DD to pay P15,000,000
C. V and DD should shoulder the P3,000,000 difference
D. DD cannot compel V to accept the P12,000,000 first offered
13. 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
A. English rule
B. Massachusetts rule
C. New York rule
D. Chicago rule
14. If the article already exists and subsequently acquired by another, it is a contract of deal, 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
A. English rule
B. Massachusetts rule
C. New York rule
D. Chicago rule
15. If the material used in the manufacturer of the article is more valuable, it is a contract of deal, 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
B. Massachusetts rule
C. New York rule
D. Chicago rule
16. The rule observed in the Philippines is
A. English rule
B. Massachusetts rule
C. New York rule
D. Chicago rule
17. The Realty Installment Buyer Protection Act applies to all transactions involving the deal or financing of real estate on installment but it excludes the following except:
A. Deal or financing of industrial lots
B. Deal or financing of commercial building
C. Deal to tenants under the Land Reform Code
D. Deal of residential condominiums
18. Delivery by merely pointing to the object of deal if it cannot be delivered to the vendee at the time of the deal is
A. Traditio longa manu
B. Traditio brevi manu
C. Traditio constitutum possessorium
D. Traditio symbolica
19. Effected pardon time the object of deal is already in the possession of the vendee at the time of deal so that delivery need no longer be made is
A. Traditio longa manu
B. Traditio brevi manu
C. Traditio constitutum possessorium
D. Traditio symbolica
20. Pardon time the owner of the thing sells it to vendee, but continues to have possession or occupation of the thing not as owner but as tenant or lessee
A. Traditio longa manu
B. Traditio brevi manu
C. Traditio constitutum possessorium
D. Traditio symbolica
21. Goods are deemed in transit
A. Pardon time the buyer accepts delivery of the goods upon arrival at destination
B. Pardon time the buyer intercepts and lawfully takes possession of the goods at any point before destination.
C. From the time they are delivered by the seller to a common carrier or other bailee for transmission to the buyer, up to the time that the buyer or his agent takes delivery of the goods from the carrier or bailee.
D. Pardon time the carrier or bailee, upon arrival of the goods at destination acknowledges to the buyer or his agent that he is holding the goods as bailee for the latter.
22. Goods are deemed no longer in transit
A. If the goods are rejected by the buyer for a valid reason and the carrier or other bailee continues in possession of them, even if the seller has refused to receive them back.
B. From the time they are delivered to a carrier by land, water or air for the purpose of transmission to the buyer.
C. From the time they are delivered to a bailee for the purpose of transmission to the buyer until the buyer or his agent in that behalf, takes delivery of them from such bailee.
D. If the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf.
23. X sold to V orally a parcel of land for P200,000. X effected the delivery of the land. The payment of the price was to be made three month later. At the end of three month period
A. V may refuse to pay claiming in his defense the Statute of Frauds
B. V may return the parcel of land to X
C. X can collect from V because the contract has already been executed
D. V may refuse to pay on the ground that there is no written contract to support the deal.
24. On January 15, 2010, X sold for P2M her house and lot to V. It was agreed that delivery of the house and lot, and the payment therefore, would be made on March 10, 2010. Unfortunately, Z a stranger negligently set the house on fire on February 25, 2010, and the house was completely destroyed. Which is correct?
A. V it is pardon it is required to pay the P2M since the contract had no subject matter.
B. X must still deliver the lot but is excused from delivering the house, while V must still pay the P2M
C. X must deliver the lot while V should pay only the amount equivalent to the value of the lot.
D. X need not deliver the lot while V need not pay the P2M
25. If immovable property should have been sold to different vendees, the ownership shall be transferred to the person
A. Who have first taken possession in good faith
B. Who presents the oldest title in good faith
C. Who in good faith first recorded it in the Registry of Property
D. Who have paid in good faith the purchase price in full
26. Using the preceding number, if movable property, it shall belong to the person
A. Who have paid in good the purchase price in full
B. Who in good faith first recorded it in the Registry of Property
C. Who presents the oldest title in good faith
D. Who have first taken possession in good faith
27. Action by the vendee against the vendor to nullify the deal due to some vices or defects which render the object of deal unfit for the use intended or knowledge of which the vendee should not have bought the thing
A. Accion quanti minoris
B. Accion reinvidicatoria
C. Accion pauliana
D. Redhibilitory action
28. Action to seek a corresponding reduction in price by reason of some vices or defects in the thing purchased
A. Accion quanti minoris
B. Accion reinvidicatoria
C. Accion pauliana
D. Redhibilitory action
29. The redhibitory action based on the faults or defects of animals must be brought within
A. 30 days from delivery to the vendee
B. 40 days from delivery to the vendee
C. 45 days from delivery to the vendee
D. 6 months from delivery to the vendee
30. In contract of deal, if the price is absolutely simulated, the deal is
A. Unenforceable
B. Voidable
C. Void
D. Rescissible
31. In a contract of deal, of personal property, the price of which is payable in installments, the vendor may exercise any of the following remedies, except
A. Exact fulfillment of the obligation, should the vendee fail to pay any installment
B. Cancel the deal, should the vendee’s failure to pay cover two or more installment
C. Foreclose the chattel mortgage on the thing sold, if one has been constituted should the vendee’s failure to pay cover two or more installments
D. Rescind the deal should the vendee fail to pay any installment.
32. The right of the seller to stop goods in transit, upon discovering that the buyer does not have the funds to pay for the goods
A. Pre-emptive right
B. Appraisal right
C. Voting right
D. Right of stoppage in transit
33. A sold to B a parcel of land for P3.8M. The deal is evidenced by a memorandum of agreement of deal written in the Bicolano dialect. One week later, A sold the same parcel of land to C for P4M. This is evidenced by a formal deed of deal. Upon buying the property, C, who was aware of the first deal immediately took possession of the lot. Pardon time informed of the second deal, B subsequently registered an adverse claim to the property. Later, C registered the deed of deal in her favor. The parcel of land shall belong to
A. B because he has got an older title
B. C because he is the first to register
C. C because he is the first to take possession
D. No one as both deals are void
34. Voluntary renunciation made by the buyer of his right to warranty against eviction where in case the buyer is evicted, the seller is liable to the value of the thing at the time of eviction.
A. Waiver intentionada
B. Waiver consciente
C. Waiver cursunada
D. Waiver inocente
35. Using the preceding number, where the seller is no longer liable
A. Waiver intentionada
B. Waiver consciente
C. Waiver cursunada
D. Waiver inocente [Show Less]