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RFB2 Long Test on Sales b.

The cause or consideration for the buyer is the


delivery to him of the piano.
1. A buyer ordered 5,000 apples from the seller at P20 per c. Insofar as both the seller and the buyer are
apple. The seller delivered 6,000 apples. What are the concerned, there is only one subject matter, the
rights and obligations of the buyer? piano.
a. He can cancel the whole transaction since the d. All of the above.
seller violated the terms of their agreement.
b. He can accept all 6,000 apples and pay a lesser 8. A husband and his wife were living together under a
price for the 1,000 excess apples. conjugal partnership of gains. Later, because of a quarrel,
c. He can keep the 6,000 apples without paying for the wife left the husband without judicial approval. They
the 1,000 excess since the seller delivered them have thus been living apart for more than ten years. The
anyway. wife later sold her land to the said husband. Is the sale
d. He can accept all 6,000 apples and pay the seller valid?
at P20 per apple. a. The sale is void because the spouses are living
apart.
2. A contract of sale is in the stage of conception when b. The sale is valid because after separation there is
a. The parties come to an agreement already a separation of properties between
b. The contract is perfected spouses.
c. There is meeting of the minds c. The sale is valid because the spouses have been
d. Negotiations are in progress separated for more than ten years.
d. The sale is void because of the absence of
3. A contract of sale is perfected: separation of properties between spouses.
a. Upon delivery of the object of the contract.
b. Upon demand. 9. A pacto de retro sale shall be presumed to be an equitable
c. Upon compliance with the requirements of the mortgage, in any of the following, except:
law as to form. a. When the vendor remains in possession as lessee
d. Upon the meeting of the minds on the thing or otherwise.
which is the object of the contract and upon the b. When the purchaser retains for himself a part of
price. the purchase price.
c. When the vendor binds himself to pay the taxes
4. A contract of sale whereby the seller acquires the right to on the thing sold.
redeem or repurchase the object of the sale from the buyer d. When the price of a sale with right to repurchase
within a certain period agreed upon is adequate.
a. On sale or return
b. Absolute sale 10. A sold her specific car to B for P200,000 payable in 5
c. Pacto de retro sale equal installments. A delivered the car to B but a
d. Equitable mortagage mortgage was constituted on the car to answer for the
unpaid installments B paid the first 2 installments but
5. A contract whereby one of the contracting parties failed to pay the last 3 installments. A foreclosed the
obligates himself to transfer the ownership of and to mortgaged property and sold it at public auction for
deliver a determinate thing and the other to pay therefore P100,000. Which is correct?
a piece certain in money or its equivalent is a contract of: a. A cannot recover the deficiency even if there is
a. Barter stipulation to the contrary
b. Dacion en pago b. A cannot recover the deficiency except if there is
c. Sales stipulation to that effect
d. Mortgage c. A can recover from B the balance of P20,000 if
there is stipulation to that effect
6. A form of delivery which takes place after the seller of d. A can recover from B the balance of P20,000
the property continues in possession of said property no even if there is no stipulation to that effect
longer as owner but as a mere possessor:
a. Traditio calvis
b. Traditio constitutum possessorium
c. Quasi-traditio
d. Traditio brevi-manu

7. A has sold a Yamaha Piano to B, by private instrument


for P500K. In that contract of sale, which is the object and
which is the cause? Choose which of the following
choices is correct.
a. The cause or consideration for the seller is the
price paid.

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