1.
When goods are delivered to the buyer “on sale
or return” or “on approval” or “ on trial” or “ on satisfaction”, when does the
ownership thereof vest in the buyer?
2.
D sold a second-hand car to E for 150k. The
agreement between D and E was that half
of the purchase price shall be paid upon
delivery of the car to E and the balance shall be paid in five equal monthly
installments. The car was delivered to E and
E paid 75k. Less than one month thereafter, the car was stolen from E’s
garage with no fault on E’s part. The car was never recovered. Is E legally bound to pay the unpaid balance?
Can E demand from D that the car be replaced? Explain.
3.
A sold a piece of pasture land to B. On the same
date, A sold it again to C. Both sales were made in a private document, bearing
the same date. Neither of the purchasers succeeded in taking physical
possession of the land because it was already leased for one year by A to D. In
your opinion, (1)who is the rightful owner of the land, on the presumption that
both buyers were in good faith; (2) Can the owner oust the lease before the
expiration of the lease? Why?
4.
What is meant by warranty against eviction? What
are its requisites before it can be invoked?
5.
Define accion redhibitoria and action
quanti minoris.
6.
What is conventional redemption? When is it
presumed to be an equitable mortgage?
7.
A sold a parcel of land to B for 50k, with right
of repurchase. It was expressly stipulated
in the contract of sale that A shall have the right to redeem he
property “at any time when he has money”. What is the period of redemption in
such a case? Suppose, it was expressly
stipulated that the right of repurchase
could not be exercised within 3 years from the date of sale, what would be the
redemption period? Would your answer be the same if it was expressly stipulated
that the vendor a retro can redeem the property “as soon as he has
established a certain business”?
8.
Angie and Grace were co-owners of a parcel of
land. On January 31, 2001, Grace discovered that Angie had already sold her
share to Emily on a deed of sale dated November 10, 2000. The following day,
Angie offered to redeem her share from Emily, but the latter refused saying
that the period to redeem has already expired. Is Emily correct? Explain.
9.
A, B and C are co-owners of a small urban land
which they inherited from a rich uncle. D owns the adjoining land. C donated
his portion to E, and B sold his portion
to F. Has D the right of redemption with respect to the portion of B? In case
both A and B want to redeem the portion of C, who is preferred first, the
co-owner or the owner of the adjoining lot? Explain.
10.
(a) Is a promise to buy and/or to sell
demandable? (B) A offered to sell his house and lot to B who was interested in
buying the same for 200k. In his letter to B, A stated that he was giving B, a
period of one month within which to raise the amount and that as soon as B is
ready, they will sign the deed of sale. One week before the expiration of the
one-month period, A went B and told him that he is no longer willing to sell
the property unless the price is increased to 250k. May B compel A to accept
the 200k first offered and execute the deed of sale? Reasons.
END OF EXAMINATION
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