TRUE OR FALSE.

Write the word TRUE if the statement is true and the word FALSE if the statement is false coupled by an e planation why the same is false. !. Warranty a"ainst e#iction is inherent in a contract of sale$ hence% it is an essential element thereof. &. 'acion en pa"o parta(es of the nature of sale$ hence% there is more freedom in fi in" the price of the thin" con#eyed. ). A contract for a piece of wor( must comply with the Statute of frauds. Accordin"ly% it must be in writin" to be enforceable if the price is *h*+,, or more. -. A sales contract re.uires the deli#ery of the thin" sold for its perfection. +. As a rule% if the consideration recei#ed for the thin" is another thin" and a monetary consideration and the intention of the parties does not clearly appear% the contract will be considered a contract of barter if the #alue of the property consideration is "reater than the monetary consideration. /. 0n a contract to sell% the full payment of the price is a suspensi#e condition which upon fulfilment will re.uire the e ecution of a contract of sale. 1. 0t is not necessary that the #endor of a thin" must be the owner thereof at the time of sale as lon" as he can transfer its ownership to the buyer upon deli#ery. 2. The sale of hope or e pectancy does not come into e istence. 3. 0n a sale of a piece of land is made throu"h an a"ent% the authority of the a"ent must be in writin" for the sale to be #alid. !,. 0n sale by auction% any bidder may retract his bid before the sale is perfected. !!. 0f a by4bidder or puffer is employed by a seller without notice in sale by auction% the sale may be treated as fraudulent by the buyer. !&. The ownership of the thin" sold is transferred upon the perfection of the contract of sale. !). A unilateral promise to buy or sell a determinate thin" at a certain price is bindin" upon the promissor if the promise is supported by a consideration distinct from the price. !-. Earnest money is part of the purchase price of a thin"% hence% deductible from the total sellin" price. !+. 0n sale of personal property payable by instalments% the seller may e act fulfilment of the buyer5s obli"ation when the buyer defaults in the payment of one or more instalments. !/. 0n sale of real property where the buyer has defaulted after payin" at least & years instalments% he shall be entitled to pay without additional interest the unpaid instalments due within the "race period earned by him. !1. A "uardian may #alidly ac.uire by purchase the property of the person under his "uardianship. !2. The buyer shall be entitled to the fruits of the thin" sold from the time of the perfection of the contract. !3. The deli#ery of incorporeal property may be made throu"h the e ercise by the #endee of his ri"hts with the consent of the #endor.

&,. 0f "oods are sold on 6sale or return7 the ris( of loss of the thin" sold remains with the seller after its deli#ery to the buyer &!. 0n 6sale by appro#al7 the buyer becomes the owner of the thin upon deli#ery but ay re#ert such ownership to the seller by returnin" it. &&. The deli#ery of specific "oods to a carrier or other bailee for the purpose of transmission to the buyer "enerally transfers ownership of the "oods to the buyer. &). When a thin" is purchased from a merchant5s store% fair or mar(et% the buyer ac.uires title to the thin" althou"h the seller may ha#e stolen it or ac.uired it from a thief. &-. A warehouse receipt is also a contract between the warehouseman and the depositor of the "oods. &+. A bearer document of title becomes an order document of title if it is specifically endorsed. &/. The deli#ery of an order document of title without any endorsement does not constitute as ne"otiation. &1. A ne"otiable document of title becomes ne"otiable if it stamped with the mar( 6non4 ne"otiable7 &2. 0f the "oods sold are in the possession of a third person% the seller is deemed to ha#e deli#ered the "oods to the buyer if the third person ac(nowled"es to the buyer that he holds the "oods in the buyer5s behalf. &3. 0f a period has been fi ed for the payment of the price which has not yet arri#ed% the seller in the meantime is bound to deli#er the thin" sold. ),. An unpaid seller e ercisin" his ri"ht to resell the "oods may buy the "oods either directly or indirectly. )!. When an unpaid seller e ercises his ri"ht of stoppa"e in transit% the contract of carria"e ceases% the carrier becomes liable is a depositary. )&. 0f real estate is sold for a lump sum% the #endor is bound to deli#er all that is included within the boundaries stated in the contract. )). 0f the same immo#able is sold to two or more persons who are all in "ood faith% ownership shall belon" to the buyer who first paid its price. )-. 0n order that the buyer may enforce the seller5s liability for breach of warranty a"ainst e#iction% the 8ud"ment depri#in" the buyer of the thin" must first be appealed by the buyer. )+. The #endor5s liability for breach of warranty a"ainst e#iction may be #alidly wai#ed by the #endee. 9owe#er% the #endor will still be liable if the wai#er was made by the #endee without (nowled"e of the ris( of e#iction. )/. As a rule% the #endor shall not be liable for a non4apparent easement that is recorded in the re"istry of property. )1. The #endor shall be liable "enerally for any defect on the thin" sold e#en if he was not aware thereof. )2. When animals are sold as a pair% the #endee may as( for the rescission of the sale of both animals althou"h only one of them suffers from redhibitory defect. )3. The sale of animals sufferin" from conta"ious diseases is #oidable.

-,. There is no warrant a"ainst hidden defects of animals sold at fairs or at public auctions% or of animals sold as condemned.