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3. “P” authorized “A” to sell his brand new car on his behalf. “A” sold it
to a buyer in good faith. However the contract executed by the agent
did not disclose his principal. In effect, “A” was acting in his own
name. Which is correct?
I. In case of hidden defects, the buyer can sue “P” for breach of
warranty.
II. The contract executed by “A” binds “P” even if “A” did not
disclose his principal.
III. The contract is binding on “A” only because “A” acted in
his own name without disclosing his principal.
a. Only I is correct c. Only III is correct
b. Only I and II are correct d. Only II is correct
7. This refers to the warranty of the seller that he has the right to sell
the thing at the time when ownership is to pass, and which can be
enforced if the buyer is deprived of the property sold by a final
judgment in court.
a. Warranty against hidden defects.
b. Warranty of merchantable quality.
c. Warranty against eviction.
d. Warranty of possession.
8. In one of the following cases, the ownership of the thing object of the
contract is transferred to the other party upon delivery.
a. Contract to sell.
b. Agency to sell.
c. Sale on approval.
d. Sale or return.
13. When two persons contract with regard to the same immovable
thing, one of them with the agent, and the other with the principal,
and the contracts are incompatible with each other, ownership shall
be transferred to:
a. The first purchaser in good faith
b. The first who completed the payment of the price in good faith
c. The first who will register in good faith the transaction
d. The one who presents the oldest title who must be in good faith
15. P, the owner of a certain car, wanted to sell the car. A learned
that P was selling the car. Without the authority of P, A sold the car in
his (A’s) name to B. What is the status of the sale of the car?
a. Valid between A and B but A must be able to transfer the ownership of
the car to B at the time of delivery
b. Unenforceable against P because he did not authorize A to sell the car
c. Void because A was not the owner of the car at the time of sale
d. Voidable because the sale was without the consent of P
24. The partnership will bear the risk of the loss of three of the
following things. Which is the exception?
a. Things contributed to be sold.
b. Fungible things or those that cannot be kept without deteriorating.
c. Things contributed so that only their use and fruits will be for the
common benefit.
d. Things brought and appraised in the inventory.
32. ••The bailee in commodatum can lend or lease the object of the
contract to a third person
••When there are two or more bailees to whom a thing is loaned in the
same contract, they are liable jointly
a. Both are True b. Both are False c. only the first is true d. only the
second is true
33. ••In commodatum one of the parties delivers money or
consumable thing upon the condition that the same amount of the
same kind and quality shall be paid
••In commodatum and mutuum ownership of the thing loan is
transferred to the borrower
a. Both are True b. Both are False c. only the first is true d. only the
second is true
35. “P” gave authority to “A” as follows: “I will make you my agent
for all my properties. You are authorized to perform and execute such
acts as you may consider proper and appropriate under the
circumstances. You are hereby given full, complete and unlimited
management and authority. (Signed) “P”. Which of the following is
correct?
I. “A” can compromise in behalf of “P” regarding his properties.
II. The agent can repudiate any inheritance due to “P”.
III. The agent may mortgage the properties of “P”.
IV. The agent may sell the properties of “P”.
a. III is only correct c. I, III and IV alone are
correct
b. III and IV only are correct d. All are incorrect