MULTIPLE CHOICE.

Select the best answer .

1. The time and place of delivery of the object of contract is:

a. An essential element c. Accidental element

b. Natural element d. None of the above

2. Which of the following obligation of the vendor cannot be waived?

a. To allow the buyer to examine the goods sold

b. To transfer ownership to the buyer

c. To pay the expenses of the Deed of Sale

d. To warrant the thing sold

3. This happens when the seller is in possession of the thing after the purchase as

agreed.

a. Traditio longa manu b. Traditio brevi manu

c. Constitutum possessorio d. Answer not given

4. Contract of Agency is perfected at.

a. Consent b. Delivery

c. Execution of the documents d. Payment of the money

5. They are factors whose business is to receive, handle and sell goods foe a commission:

a. Su- agent b. Commission Agents

c. Guaranteed Commission Agents d. None of the above

6. Agency couched generally involves:

a. Power of administration b. Power of Dominion

c. Power of ownership d. all of the choices

7. It bars an action because the law requires that a transaction shall be in writing to

prevent fraud.

a. Statute of Limitation b. Statute of Fraud

c. Both A and B d. Neither A nor B

8. Delivery by delivering instrument of sale

a. Constitutum Possessorium b. Traditio Brevi Manu

c. Traditio Longa Manu d. Tradition

9. Agency is presumed to be

a. Gratuitous b. For a compensation c. Free d. None of the above

10. It is a contract wherein another act in representation of another

A. Sale B. Barter C. Exhange D. Agency

11. A special power to sell includes the power to mortgage

a. This is true

b. This is false

c. Both A and B

d. Neither A nor B

12.. Cedie appointed Recca as his agent with general power of on January 1, 2010. The

next day, Ramil transacted business with Recca. On January 5, 2010, CEdie Revoked the

agency and published it in a newspaper of general circulation. However, Ramil did not

read the newspaper publication. After 5 days, (January 10) Ramil consummated another

transaction with Recca. Is the act of Recca binding against Cedie?

a. Yes, because Ramil is in good faith

b. No, because the agency is considered revoke and its publication is a sufficient warning

c. No, because the power is general, there must also be a special power

d. Yes, because there was no special notice sent to Ramil

13. Bears risk of collecting from the buyer the price of the sale.

a. Commission agent

b. Delegacion

c. Quasi-tradition

d. Guaranteed Commission Agent

14. P, the owner of a piece of residential land orally authorized A to sell the land for Php

500.00 with 5% commission. Today A sold the land to C. One day later P sold the sale

land to D. Assuming that both buyers are in good faith, who is the lawful owner?

a. C, being the first buyer

b. C, because A was given authority by P

c. D, because the sale made by A to C is only voidable

d. D, because the sale between A and C is void

15. A commission agent:

a. Has the option to act in his own name

b. Generally, cannot sell on credit

c. May be an agente del credere if he receives guaranty commission

d. All of the above

16. The principal is not liable for the expense incurred by the agent

a. If the agent acted in contravention of the principal's instruction

b. Expenses were due to the fault of the agent

c. Agent incurred them knowing that an unfavorable result would ensue, and the principal

was not aware thereof

d. All of the above

17. P appointed A as his agent to sell his specific car in cash for Php 10,000.00 with 10%

commission. A using persuasive skill was able to sell it for Php 15, 000.00 on credit.

After the sale but before payment of the buyer.

a. A must give Php 10,000.00 only

b. A must give Php 10,000.00 minus the commission

c. A must give Php 15,000.00 minus the commission

d. A must give Php 15,000.00 and turn is to give A Php 5,000.00 as commission

18. A passenger bus while in motion collided with another bus. X, the conductor of the

bus was bodily injured. D, the driver although not authorized, engage the services of a

physician in the name of the company. In here, there is an.

a. Implied Agency

b. Agency by Estoppel

c. Agency by necessity

d. None of the above

19. Today, P appointed A1 his agent covered by general power to lease his car to X for 6

months. The next day, P, appointed A2 with special power to lease the same car to X for

5 months. On the third day, P directly transacted business with X leasing the car for 2

months. What is the effect of agency between the parties?

a. The appointment of A1 is valid because is has got a prior date

b. The appointment of A2 is the one that is valid because it is covered by a special power

c. The agency of A1 and A2 are considered revoked because the principal directly

transacted with X

d. None of the above

20. Without P's authority, A (agent), sold P's car to X in P's behalf. The contract is.

a. Unauthorized

b. Unenforceable

c. Subject to ratification

d. All of the above