RFBT v2. - 83.doc

# A if the buyer obtains delivery of the goods before

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A. If the buyer obtains delivery of the goods before arrival at the appointed destination. B. If the carrier or other bailee acknowledges to the buyer or his agent, that he is holding the goods in his behalf, after arrival of the goods at their appointed destination. C. If the carrier or other bailee wrongfully refuses to deliver the goods to buyer or his agent. D. If the goods are rejected by the buyer, and the carrier or other bailee continues in possession of them, even if the seller has refused to receive them back. 23. S sold his lot with an area of 100 square meters to B at a selling price of P1,000 per square meter. After delivery of the lot, B discovered that the actual area is only 91 square meters. What is the legal remedy available to B? A. B may ask for proportionate reduction of price and must pay P91,000 only. B. B can ask for cancellation of the contract of sale. C. Either A or B. D. Neither A nor B. Computation (91 square meters x P1,000 = P91,000) Note: Cancellation is allowed only if the lacking area is at least 10% of stated area. 24. A, B, and C are co-owners of a rural lot with an area of 1,000 square meters in the ratio of 6:1:3, respectively. The co-owned lot is bounded by farm lots of D and E with an area of 50 square meters and 75 square meters, respectively. A sold his share of the co-owned lot to F. Who shall have the preferred right to repurchase the lot sold by A to F? A. B because his share in the co-owned lot is smaller. B. B and C with an area of 150 square meters and 450 square meters, respectively C. D because his adjoining rural lot has smaller area. D. E because his adjoining rural lot has larger area. Computation 1,000 x 6/10 = 600 SQM x ¼ = 150SQM to B and 600 SQM x ¾ = 450SQM Page 6

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25. What is the prescriptive period of the right to file an action based on breach of warranty of sale of immovable against non-apparent and unregistered burden or servitude? A. 40 days from the date of contract of sale or from the discovery of burden B. 6 months from the date of contract of sale or from the discovery of burden C. 1 year from the date of contract of sale or from the discovery of burden D. 3 days from the date of contract of sale or from the discovery of burden 26. A and B are legally married and their property regime is governed by absolute community of property. A orally sold his specific cellphone to B at a price of P500 with a carrying amoun of P800 after B pointed a gun to A. Delivery of the specific cellphone will happen after three years. What is the status of the contract of sale? A. Rescissible B. Voidable C. Unenforceable D. Void 27. B rented the specific truck of S. After the end of the contract, S sold the property to B. As a result of sale, B continues to have possession of the property. What type of constructive delivery is present? A. Traditio clavium B. Traditio longa manu C. Traditio brevi manu D. Traditio constitutum possessorium Page 7
LAW ON PLEDGE, REAL ESTATE MORTGAGE, CHATTEL MORTGAGE, ANTICHRESIS 28. A borrowed P100,000 from B and mortgaged his house to secure the payment of the loan. The contract of real estate mortgage is not notarized and not registered with Registry of Deeds. The

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