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12. A contract of sale is deemed an equitable mortgage in any of the following situations, except:
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14. Which of the following contracts is not unenforceable?
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a. An oral agreement to pay for the debt, default or miscarriage of another.
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b. An oral sale of land.
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c. An oral sale of movables with a value of P500.
d. An oral agreement to lend P50,000.
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15. No. 1 – A contract of sale is a mode of acquiring ownership.
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No. 2 – Every delivery transfers ownership.
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a. Both are false.
b. Both are true.
c. No. 1 is true; No. 2 is false.
d. No. 1 is false; No. 2 is true.
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16. Mr. X pledged his gold watch to Mr. Y as security for a loan. The loan was not paid.
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a. Mr. Y may appropriate the ring as his own if there is a stipulation to that effect.
b. Mr. Y must sell the ring to someone else even in a private sale.
c. Mr. Y may recover the deficiency from Mr. X if after the auction sale, a deficiency exists.
d. Mr. Y cannot recover the deficiency after the auction sale.
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a. guarantee
b. suretyship
c. pledge
d. antichresis
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18. Mr. Seller and Mr. Buyer orally agreed on the following:
(i) the land to be sold has an area of 10,000 sq. meters; (ii) price is P5 million; and (iii) Mr. Seller shall prepare
the deed of sale. With fraudulent intent, Mr. Seller knowing the inadequacies of Mr. Buyer with respect to numbers
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wrote 1,000 sq. meters instead of 10,000 sq. meters. The sale is
a. void
b. voidable but the contract may be reformed
c. valid but the instrument may be reformed
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19. Mr. X promised to deliver a specified dog named “Auger” to Mr. Y on April 29, 2005.On the due date, no was
delivered. Which is not correct?
a. If the dog died on April 30 without anyone’s fault, Mr. X shall be liable to Mr. Y by reason of delay.
b. Mr Y shall bear the loss because of res perit domino.
c. Mr. Y shall bear the loss because of genus nunquan perit.
d. Mr X shall bear the loss because of genus nunquan perit.
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e. No one shall bear the loss.
20. No. 1 – The mortgagor in a real estate mortgage may sell the property mortgaged despite a prohibition to
that EFFECT.
No. 2 – If there is a balance after the foreclosure sale in a chattel mortgage arising he deficiency cannot be
recovered.
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