MIDTERM EXAM - BAREBUSX (Law on Sales) 1. SECTION * act2it act212 2. LAST NAME * LUZON 3. FIRST NAME * MAICA JARIE 4. ARTICLE 1458, par. 2 provides that a contract of sale may be absolute or conditional. * When is a sale absolute? Explain in 1 sentence. (3 Points) IT IS WHEN THERE'S NO CONDITION IN THEIR SALES EXCEPT THE PAYMENT OF ‘THE PURCHASE PRICE, IF THE SALE IS ABSOLUTE THE OWNERSHIP CAN ‘TRANSFER IMMEDIATELY IN THE POSSESSION OF THE BUYER IT IS BECAUSE ‘THERE'S NO RESTRICTION AND OR THE FULL PAYMENT IS MADE, THE TITLE ¥5. ARTICLE 1458, par. 2 provides that a contract of sale may be absolute or conditional When is a sale conditional? Explain in 1 sentence only. (3 Points) ITIS WHEN THE OWNERSHIP OF THE GOODS DOES NOT PASS TO THE BUYER UNTILL HE IS NOT FULLY PAID, HERE THE CONDITION IS ATTACHED IN TO THE CONTRACT AND THE TITLE WILL ONLY PASS ONCE THE CONDITIONS HAVE BEEN FIN EWEN 6. ARTICLE 1463 provides that the sole owner of a thing may sell an undivided interest therein. What will be the result if this will happen? Explain in 1 sentence only. (3 Points) IF THE SOLE OWNER OF A THING MAY SELL AN UNDIVIDED INTEREST IN MADONNA FOR EXAMPLE,THEN IN THAT CASE THE SOLE OWNER AND MADONNA WILL BECOME CO-OWNERS. 7. When do we determine if the thing which is the subject matter of a contract of sale is determinate? Answer in 1 sentence only. (3 Points) IF AT THE TIME THE CONTRACT IS ENTERED IN TO, THE THING IS CAPABLE OF BEING MADE DETERMINATE, IT CAN IDENTIFIED BY ITS INDIVIDUALITY. 8. The contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price. (2 Points) Always True Sometime True Never True9. The ownership of the thing shall not pass to the buyer until he has fully paid the» price to the vendee. (2 Points) Always True Sometime True Never True 10. The expenses for the execution and registration of the sale shall be borne by the buyer. (2 Points) Always True Sometime True Never True 11. All persons who are authorized in the Civil Code to become a creditor or debtor may enter into a contract of sale. (2 Points) * Always True Sometime True Never True 12. The thing sold shall be understood as delivered, when it is placed in the possession of the buyer. (2 Points) True False13. A document of title in which it is stated that the goods referred to therein will be delivered to any person named in such document is a negotiable document of title. (2 Points) Always True Sometime True Never True 14, The buyer of goods is not bound to accept delivery thereof by installments from, the seller. (2 Points) Always True Sometime True Never True 15. The buyer of goods is not bound to accept delivery thereof by installments. , (2 Points) Always True Sometime True Never True 16. Eviction shall take place whenever by a final judgment based on a right after the sale or an act imputable to the vendor, the vendee is deprived of the whole or of , a part of the thing purchased. (2 Points) Always TrueSometime True Never True 17. There is no warranty against hidden defects of animals sold at fairs or at public auctions, or of live stock sold as condemned. (2 Points) * True False 18. The redhibitory action, based on the faults or defects of animals, must be brought within one year from the date of their delivery to the vendee. (1 Point) * Always True Sometime True Never True 19. The buyer shall not owe interest for the period between the delivery of the thing and the payment of the price. (1 Point) : Always True Sometime True Never True 20. The sale of animals suffering from contagious diseases shall always be void. (1 Point) Always TrueSometime True Never True 21. Gross inadequacy of price affects a contract of sale. (1 Point) * Always True Sometime True Never True 22. The owner of a thing certain may sell an undivided interest therein. (2 Points) * Always True Sometime True Never True 23. The contract of sale is consummated at the moment there is a meeting of minds upon the thing which is the object of the contract, upon the price, and delivery of , the thing and its accessions and accessories. (2 Points) Always True Sometime True Never True 24, If the vendee has renounced the right to warranty in case of eviction, and eviction should take place, the vendor shall only pay the value which the thing sold had at the time of the eviction. Should the vendee have made the waiver withknowledge of the risks of eviction and assumed its consequences, the vendor shall not be liable. (2 Points) Always True Sometimes True Never True 25. Where the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of the goods to * the buyer. (2 Points) Always True Sometime True Never True 26. In the case of contract of sale of a specified article under its patent or other trade name, there is no warranty as to its fitness for any particular purpose. (2 Points) * Always True Sometime True Never True 27. If the price is simulated, the act is shown to have been in reality a loan (2 Points) * Always True Sometime TrueNever True 28. The fixing of the price can never be left to the discretion of one of the contracting parties. (2 Points) Always True Sometime True Never True ‘This content is created by the owner of the form. 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