Salazar Law Quiz 3

 

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Name:

I. 

SALAZA SALAZAR, R, PRECIOU PRECIOU

DATE:

SCORE SCORE::

MULTIPLE CHOICE (5 items x 2 points) Encircle the letter of the correct answer.

1.  What is the prescriptive period for filing the legal action concerning the sale s ale of real estate for a lump sum? a.  Six (6) months from the date of delivery b.  One (1) year from the date of delivery

c.  Three (3) months from the date of delivery d.  Forty (40) days from the date of delivery

2.  In case of double sale of personal property, who among the buyers shall be preferred? a.  Person who has the oldest title b.  Person who first took possession possessi on of the property in good faith c.  Person who has the latest title d.  Person who first registered the property in go good od faith 3.  Which of the following refers to the deprivation of the vendee of the whole or a part of the thing sold s old by virtue of a final judgment based on right prior to the sale or an act imputable to the vendor? a.  Breach of contract c.  Eviction b.  Evasion of sentence d.  Damages 4.  Which of the following is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner? c.  Pledge a.  Easement b.  Mortgage d.  Lien 5.  Which refers to a defect in an animal and is of o f such nature that expert knowledge, even after a professional inspection has been made, is not sufficient to discover it? a.  Hidden defect c.  Unknown defect b.  Apparent defect d.  Redhibitory defect

II. 

TRUE OR FALSE (5 items x 2 points) Write TRUE if the statement is correct; otherwise, write FALSE on the space provided. 1. In sale of real property for a lump sum, the buyer can ask for a reduction in the price if the FALSE   FALSE seller cannot deliver what is stated within the boundaries.

FALSE   FALSE

2. The vendor is responsible to the vendee for an any y hidden defects in th the e thing sold only if he w was as aware thereof.

FALSE  FALSE 

3. If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be immovable property.

FALSE   FALSE

4. If the seller acted in good faith, and there was was no stipulation exempting him from liability, the vendor shall be liable for damages and interests.

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TRUE

III. 

5. As a general rule, in the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedies for breach of any promise or warranty in the contract of sale.

SITUATIONAL (5 items x 3 points) Read and analyze the following situations. Encircle the letter of the correct correc t answer. 1.  On July 1, S sold a specific parcel of land to X in a public document. On July 5, S sold the land again to Y in a private instrument and took physical possession of the land. On July 9, S sold again the same to Z who registered the sale in the Register of Deeds. Neither X, Y, nor Z was aware of the sale made to the other two (2) buyers. Who is the owner of o f the parcel of land? a.  X, because he was the first purchaser b.  Y, because he took physical possession c.   Z, because he registered the sale d.  S, because the multiple sales he made rendered render ed each sale a void contract 2.  Julian bought a CD player from a store owned by Jem at the mall for P500.00. When Julian used the CD player using a DVD, the player destroyed the DVD. It turned out that Jem was aware that the CD player only accepts pirated CDs from China as it was made in China. What is the liability of Jem? a.  He should return the price plus interest thereon and reimburse the expenses of the contract incurred by Julian. b.  He is liable to Julian who may elect between withdrawing from the contract c ontract and demanding a proportionate reduction of the price, pric e, with damages in either case. c.  He must return the price less the value of the thing at the time of loss. d.  He must bear the loss, return the price, and refund the expenses of the contract with damages. 3.  S sold his lot with an area of 100 square meters to B at a selling price of P1,000 per square meter. m eter. After delivery of the lot, B discovered that the actual area is only 93 square meter. What is the legal remedy available to B? a.  B may ask for a proportionate reduction in the price and must pay P93,000. b.  B can ask for the cancellation of the contract of sale. c.  Either a or b d.  Neither a nor b

 

4.

Using the information in the preceding number, except that the actual area is 89 square meter, what is the legal remedy of B? a.  B may ask for a proportionate reduction in the price and must pay P93,000. b.  B can ask for the cancellation of the contract of sale. c.  Either a or b d.  Neither a nor b

5.  On June 1, Hayley sold her specific laptop to Jeremy in a private instrument wherein Jeremy already paid the price of P10,000. On June 3, Hayley sold again and delivered the said laptop to Kellin, who does not know about the previous sale with Jeremy. Kellin has not yet paid the price of the laptop. Who has a better right over the specific laptop? a.  Hayley, because Kellin has not yet paid the price b.   Jeremy, because he is the first constructive possessor in good faith

 

c.   Kellin, Jeremy, because the price ininfull d. because hehe is has the paid first possessor good faith 03 Quiz 1

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IV. 

ESSAY (5 points) Answer the following item on the space provided. 1.  Explain the rules of preference prefe rence in case of double sale of immovables.

In the sale of immovable properties to different vendees, in order of priority: a.  Ownership shall belong to the person who in good faith registered register ed the sale in the Registry of Property (i.e. first registrant in good faith) b.  If no one registered the sale, ownership o wnership should belong to the person who first took possession of the thing in good faith (i.e. first possessor in good faith) c.  In the absence of both registration and possession, possessi on, ownership should belong to the person who presents the oldest title in good faith.

Rubric for scoring: CRITERIA Content Grammar Organization of ideas TOTAL

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PERFORMANCE INDICATORS Provided pieces of evidence, supporting details, and factual scenarios Used correct grammar, punctuation, spelling, and capitalization. Expressed the points in clear and logical arrangement of ideas in the paragraph

POINTS 3 1 1 5

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