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    Final Exam On Sales

    Uploaded by

    Jayron Yangco
    This document provides a final examination on Philippine contract and sales law. It contains 10 multi-part questions testing understanding of key concepts like conditional vs absolute sales, distinguishing between contracts to sell and contracts of sale, remedies for breaches of contract, and consumer rights. Key topics covered include warranties in contracts of sale, rights of buyers and sellers, remedies for contractual breaches, and protections for consumers under Philippine law.

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    © All Rights Reserved
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    Final Exam On Sales

    Uploaded by

    Jayron Yangco
    199 views2 pages
    This document provides a final examination on Philippine contract and sales law. It contains 10 multi-part questions testing understanding of key concepts like conditional vs absolute sales, distinguishing between contracts to sell and contracts of sale, remedies for breaches of contract, and consumer rights. Key topics covered include warranties in contracts of sale, rights of buyers and sellers, remedies for contractual breaches, and protections for consumers under Philippine law.

    Original Title

    FINAL-EXAM-ON-SALES

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    This document provides a final examination on Philippine contract and sales law. It contains 10 multi-part questions testing understanding of key concepts like conditional vs absolute sales, distinguishing between contracts to sell and contracts of sale, remedies for breaches of contract, and consumer rights. Key topics covered include warranties in contracts of sale, rights of buyers and sellers, remedies for contractual breaches, and protections for consumers under Philippine law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    199 views2 pages

    Final Exam On Sales

    Uploaded by

    Jayron Yangco
    This document provides a final examination on Philippine contract and sales law. It contains 10 multi-part questions testing understanding of key concepts like conditional vs absolute sales, distinguishing between contracts to sell and contracts of sale, remedies for breaches of contract, and consumer rights. Key topics covered include warranties in contracts of sale, rights of buyers and sellers, remedies for contractual breaches, and protections for consumers under Philippine law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    PHILIPPINE LAW SCHOOL

    Donada cor. San Juan St., Pasay City

    FINAL EXAMINATION ON THE LAW ON SALES

    Please read carefully the questions before you answer.

    1. When is sale conditional and when is it absolute. Give an example of each.

    2. In a Contract To Sell of a parcel of land entered into between the Vendor and
    Vendee, the following are some of the stipulations:

    a) Price – P 25,000,000.00;
    b) Down payment - P 5,000,000.00;
    c) Balance – payable in four (4) equal quarterly payments of P5,000,000.00
    commencing March 1, 2021;
    d) Ownership – unless the price is fully paid, ownership shall remain with the
    VENDOR who shall execute a Deed of Sale over the property in favor of
    VENDEE only upon full payment thereof;
    e) Default – failure by VENDEE to pay any f the quarterly payment when due shall
    ipso facto rescind the contract and 25% of the payment given is forfeited in favor
    of VENDOR;

    2.1 Is it an absolute or conditional sale. Explain briefly.


    2.2 Distinguish Contract To Sell from Contract of Sale.
    2.3 Distinguish Earnest Money from Option Money.

    3. Supposes that on the above facts, VENDEE fails to pay the second quarter on time.
    After a month, he is tendering payment for the said quarter but refused acceptance by
    VENDOR contending that the contract was already rescinded and/or cancelled as
    expressly stipulated between the parties.

    3.1 Is the Contract To Sell rescinded. Explain briefly with legal reason.
    3.2 What right if any does VENDEE have to protect his interest. Decides briefly with
    legal reason.
    3.3 Will your answer be the same for failure by VENDEE to pay the down payment
    when the object of sale is a car. Briefly discussed with legal reason.

    4. On a Writ of Execution issued by the Court against the husband for P 5,000,000.00
    judgment obligation, the Sheriff enforces it by issuing a Levy on Execution over his
    property located in Pasay City. The Registrar of Deeds for Pasay City refuses to
    annotate the Levy on Execution for the property is no longer in the name of the
    husband but already in the name of the wife through a Deed of Sale executed by the
    former in favor of the latter appearing to have sold it for P 4,000,000.00.

    4.1 Can the Levy on Execution be enforced against the property already in the name of
    the wife. Explain briefly with legal reason.

    4.2 When the Registrar of Deeds insisted of not annotating/inscripting the Levy on
    Execution on the Certificate of Title covering the property, what remedy will the
    Judgment Creditor has against him to cause annotation thereof. Explain briefly.
    Page (2)

    4.3 As counsel for the Judgment Creditor, what action will you take to protect the
    interest of your client in enforcing the Judgment. Explain briefly with legal reason.
    5. On a Deed of Sale of a parcel of land, the price as stated therein is P 1,000,000.00
    when the property can command a price of no less than P 10,000,000.00.

    5.1 As lawyer for the VENDOR what action will you take to protect the interest of your
    client. Explain briefly with legal reason.

    5.2 On the action for reformation of instrument filed by VENDOR against VENDEE,
    what defense will you set-up tp protect the interest of your client. Explain briefly
    with legal reason.

    5.3 As the Judge, rule briefly with legal reason.

    6. When is contract of sale perfected. When is ownership transferred. What are the
    warranties in a Contract of Sale? Discuss briefly the rights of VENDEE in Maceda
    Law.

    7. Discuss briefly the remedies on breach of Contract of Sale.

    8. What is the legal concept of Conventional Redemption. Discuss them briefly.

    9. In an instrument executed by the parties, it appears that VENDOR sold the property
    to VENDEE for P1,000,000.00 when its fair market value is P 10,000,000.00. As
    counsel for VENDOR, what action will you take to protect the interest of your client.
    Discuss briefly with legal reason.

    10. What are covered by Consumer Act of the Philippines. What are the rights of the
    VENDEE under the said law.

    “ GOOD LUCK”

    By: ATTY. EDGARDO A. ARANDIA

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