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Contra C

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Katrizia Abad
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21 views

Contra C

Uploaded by

Katrizia Abad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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a. No, because the entire obligation is not yet paid.

b. Yes, because he had already paid his share of the obligation and thus his bike must
be released.
c. Yes, because obligation of the parties is joint as it is silent to the nature of liability.
d. Yes, because the indivisibility of pledge does not apply if the obligation to pay is joint.

14 Cognition theory is being followed in the Philippines with respect to perfection of


contracts, which means
a. The contract is perfected from the moment the acceptance is declared or made.
b. The contract is perfected from the moment the acceptance comes to the
knowledge of the offeror.
c. The contract is perfected from the moment the notification of acceptance is in the
hand of the offeror, even if he is not able to actually acquire such knowledge by reason
of absence or some other cause.
d. a. The contract is perfected from the moment the offeree transmits the notification of
the acceptance to the offeror.

15 Carl bought a subdivision lot from Patella Homes for P2 million payable in 5 years.
Unfortunately, Patella Homes failed to develop the subdivision according to the
approved plans and within the time limit for complying with the same. The following are
the rights of Carl with the exception of:
a. At his option, Carl may be reimbursed of the total amount paid, including amortization
interest, but excluding delinquency interests, with interest thereon at legal rate.
b. If Carl had already paid at least 2 years of installments, he is entitled to a cash
surrender value if he decides to cancel the sale.
c. No installment payment made by Carl will be forfeited in favor of Patella Homes.
d. Carl may desist from further payment of the installments due.

16 Ben and Sam executed a deed of absolute sale of real property. According to the
deed, the consideration was already paid by Ben, but the truth was that no
consideration was ever paid by him. What is the status of the contract?
a. The contract is void for being absolutely simulated.
b. The contract is valid because the cause is presumed to exist.
c. The contract is void due illegality of cause.
d. The contract is valid since it is merely relatively simulated.

17 Three of the following are the requisites in order that the vendee may enforce the
vendor's liability in case of eviction. Which one is not?
a. The vendee must have appealed from such judgment rendered against him.
b. The deprivation of the vendee is based on a right prior to the sale or an act imputable
to the vendor.
c. There must be a final judgment depriving the vendee of a part or whole of the thing
sold.
d. The vendor is impleaded in the suit at the instance of the vendee.
18 In 2019, Sam, a 15-year-old minor, sold his property for P700,000 to Bucky without
the knowledge of his guardian, Gringo. At the time of sale, the value of the property was
P 1,500,000. Under the circumstances,
a. Sam may file an action for rescission today.
b. Gringo may file an action for rescission today.
c. Sam may file an action for annulment today
d. Gringo may file an action for annulment today.

19 Statement 1: Where the seller of goods has a void title, the buyer acquires a good
title to the goods, provided he buys them in good faith, for value, and without notice of
the seller's defect of title.
Statement 2: If the animal should die within 5 days after its purchase, the vendor is
liable if the disease which caused the death existed at the time of contract.
a. Both statements are true

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