SALES AND OTHER SPECIAL COTRACTS MCQs

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SALES - MCQs School Year 2014-2015 First Semester

1. In a contract of sale, the vendor transfers the ownership of and delivers a determinate thing while the vendee:a. always gives the money;b. delivers the object;c. consents to the payment of a consideration;d. pays a price certain in money or its equivalent;2. What is the primary purpose or essence of sale?a. payment of the price;b. transfer of ownership or title;c. delivery of the object or thing sold;d. fulfillment of the reciprocal obligations.3. An element of the contract of sale, which the parties may or may not stipulate;a. essential;b. necessary;c. natural;d. accidental.4. An essential element of a contract of sale:a. warranty against eviction and hidden defects;b. place and time of payment;c. adequate price;d. determinate thing or at least capable of being made determinate.5. Which of the following is not a characteristic of a contract of sale?a. commutative;b. innominate;c. onerous;d. principal;e. bilateral.6. What is the cause or consideration of the contract of sale?a. consent;b. subject matter or object;c. price certain in money or its equivalent;d. motive.7. The phrase its equivalent may be:a. a check;b. a thing given as a token of payment which price has been determined;c. an assumption of mortgage;d. all of the above;e. none of the above. 8. Which of the following can never be the object or subject matter of a contract of sale?a. a thing;b. a right;c. service;d. all of the above;e. none of the above.9. Melvin and Sunshine entered into a contract of sale over a parcel of land with the condition that the informal settlers should be ejected from the said land. When Melvin failed to eject the settlers, he told Sunshine that he was no longer under obligation to sell the land to Sunshine due to his failure to comply with the condition. Is Melvins argument valid?a. Yes, because his failure to comply with the condition imposed on the perfectionof the contract results in the failure of the contract;b. No, Melvins failure to comply with condition imposed on the performance ofthe obligation gives Sunshine an option either to refuse to proceed with the contract of sale or to waive the condition;c. Yes, the condition is an essential element of the contract of sale;d. No, Melvins failure to comply with the condition is not just and equitable.10. Mr. Blanco gave P10,000.00 to Ms. Seller as down payment for him to acquire a portion of the land owned by the latter. Consequently, Ms. Seller gave Mr. Blanco an acknowledgment receipt in the amount of P10,000.00. Is there a valid contract of sale?a. yes, there was meeting of minds as to the object and price;b. no, the contract is inexistent;c. yes, there was promise to buy and accepted by the seller;d. no, the contract is not in writing hence unenforceable.11. A characteristic of a contract of sale wherein the values exchange are almost equivalent to each other:a. aleatory;b. commutative;c. onerous;d. consensual;e. bilateral/ reciprocal;f. principal.12. Which of the following may not be the object of the contract of sale?a. things having a potential existence;b. vain hope or expectancy;c. future goods;d. goods whose acquisition by the seller depends upon a contingency;e. things subject to a resolutory condition; 13. Even though a sale of future goods (goods to be manufactured, raised, or acquired by the seller after the perfection of the contract) is in the form of present sale, it is actually:a. an executed contract;b. a form of gambling which depends upon a contingency;c. an executory contract;c. a consummated contract.14. Future goods may be subjects of a contract of sale, which is not considered as future goods?a. subscription to a magazine;b. hereafter-acquired property;c. things whose acquisition is dependent upon a contingency;d. things subject to a resolutory condition.15. Effect of perfection of the contract of sale:a. the parties have to execute the agreement;b. the parties may reciprocally demand performance, subject to the requirementson forms of contracts;c. the ownership of the thing sold is transferred to the vendee;d. the consideration has to be paid in money.16. A contract wherein the goods are to be manufactured especially for the customer and upon his special order, and not for the general market:a. contract of sale;b. contract of agency to sell;c. contract for a piece of work;d. contract to sell.17. In a contract of sale, as distinguished from dation in payment (dacio en pago):a. there is no pre-existing credit;b. there is less freedom in determining the price;c. there is always a pre-existing contract;d. the delivery of the object may extinguish completely or partially the obligation.18. Contract of sale, as distinguished from contract to sell:a. full payment of the price is a suspensive condition;b. ownership is retained by the vendor;c. in case of default of and object already delivered to the buyer, the seller, inseeking to oust the former, is enforcing, not rescinding, the contract;d. title over the property generally passes to the buyer upon delivery.19. May a contract to sell be considered as a contract of sale?a. no, because the first essential element of consent is lacking;b. no, because the seller reserves the transfer of title to the prospective buyer untilhappening of the suspensive condition, i.e. full payment of the purchase price;c. no, the seller merely obliges himself to do is to fulfill his promise to sell;d. all of the above;e. none of the above.20. What is the effect on a contract of sale when the purchase price thereof is not paid?a. the non-payment of the price is a negative resolutory condition;b. the seller may file an action for specific performance with damages;c. the seller may rescind the contract with damages;d. all of the above;e. none of the above.21. It is a stipulation where the parties agree that despite delivery, the ownership of the thing shall remain with the seller until the purchaser has fully paid the price:a. pactum reservati diminii;b. option contract;c. contract to sell;d. reserva troncal.22. If the subject matter of sale is illicit, the contract is:a. unenforceable as the parties are in pari delicto;b. voidable;c. rescissible;d. void and cannot be ratified.23. The thing may be illicit per se (if its nature) or per accidens (a law declares it illegal), choose the contract that involves a thing that is illicit per se:a. sale of a parcel of land to an alien;b. sale of decayed food for human consumption;c. sale of future inheritance;d. sale of right of conventional redemption.24. In sale of an expected thing (emptio rei sperati), as differentiated from sale of the hope or expectancy itself (emptio spei):a. it does not matter whether the expected thing materialized or not;b. it deals with a present thing;c. if the object does not materialize, the sale is not effective;d. object already existed.25. It means goods of which any unit is, from its nature or by mercantile usage, treated as the equivalent of any other unit:a. fungible goods;b. non-fungible goods;c. consumable goods;d. non-consumable goods. 26. Mr. Sunny owns an undetermined number of sacks of jasmine rice in his only warehouse. He sells 50 sacks of jasmine rice to Ms. Boring for P1,500.00 each. If the number of sacks of jasmine rice turns out to be 100, what is its legal effect?a. Ms. Boring becomes an owner in common of of the entire mass;b. Ms. Boring can ask for rescission of the contract;c. Ms. Boring becomes the owner of the whole mass but she has to pay forthe 100 sacks;d. Ms. Sunny can ask for rescission of the contract due to lesion.27. Contract of sale, as differentiated from the contract of agency to sell:a. the first transferee pays the price to the seller;b. the first transferee is required to sell the object;c. the first transferee does not become the owner despite delivery;d. the first transferee assumes no personal liability.28. If Ms. Andy gives her car valued at P200,000.00 to Mr. Ted in consideration of P100,000.00 cash and Rolex watch worth P75,000.00, what is the transaction?a. contract for a piece of work;b. consignment;c. barter;d. contract of sale.29. In a contract of sale, the price must be certain. What is the effect to the contract if the money paid is counterfeit? a. the sale is valid;b. void;c. voidable;d. unenforceable.30. Gross inadequacy of price does not affect a contract of sale, however, if the low price indicates a defect in the consent, what is the consequence?a. the sale may be annulled for gross inadequacy of price;b. the sale may be voided because of vitiated consent;c. the sale is valid but may be rescinded for lesion;d. the sale is inexistent due to lack of consideration.31. If the price is simulated or fictitious, what is the legal effect?a. the sale may be void;b. it may be considered a donation or some other act or contract;c. the contract may be subject to reformation;d. all of the above;e. none of the above.32. If the price is simulated, what essential element of a contract is missing?a. consent;b. object;c. cause;d. none of the above.33. The price of securities, grains, liquids, and other things shall be considered certain:a. when the price fixed is that which the thing sold would have on a definite day,or in a particular exchange or market;b. when the price fixed is left to the judgment of a specified person or persons;c. when the price fixed with reference to another thing certaind. when it is subject to the determination of one of the contracting parties.34. If the price has yet to be determined but the thing or any part thereof has been delivered to and appropriated by the buyer, what is the effect?a. the buyer has to return the thing as there is no perfected contract yet;b. the buyer must pay a reasonable price;c. the seller may fix the price to be paid by the buyer;d. the fixing of the price may be assigned to a third person whose decision shallbe final.35. Which of the following rules is not applicable to a thing sold after the contract is perfected but before delivery thereof?a. the vendor is obligated to take care of the thing with proper diligence;b. the vendee shall acquire real right or ownership over the thing;c. the vendee has a right to the fruits of the thing from the time the obligation todeliver it arises;d. the vendee may compel the vendor to make the delivery of a determinatething.36. In the case of a sale by auction, the sale is perfected by the fall of the hammer or in other customary manner. Before the fall of the hammer, the bidder may retract his bid and the auctioneer may withdraw the goods from sale. When is the auctioneer prohibited from withdrawing the goods from sale once a bid is made but before the fall of the hammer?a. the sale has been announced to be without reserve;b. the bid has been recorded in the sales book;c. the highest bidder made a reservation;d. there is notice that the sale is subject to sellers right to bid.37. In a contract of sale, the ownership of the thing sold is transferred to the vendee upon:a. perfection of the contract;b. delivery if the thing sold;c. execution of the contract;d. payment of the purchase price.38. Policitacion means:a. acceptance of the offer to sell;b. mutual promise to buy and sell;c. accepted unilateral promise;d. a unilateral promise to buy or to sell which is not accepted.39. Option money, as distinguished from earnest money:a. part of the purchase price;b. given upon perfection of the contract;c. the buyer is required to buy;d. a consideration distinct from sale.40. Res perit domino means:a. the goods are at the risk of the party in fault;b. the owner bears the loss;c. the object is lost after perfection of the contract but before delivery, the buyerbears the loss;d. the buyer generally bears the loss.41. Which of the following rules regarding the risk of loss is incorrect?(1) If the thing is lost before perfection, the seller bears the loss;(2) If at the time the contract of sale is perfected, the thing which is the object of the contract has been entirely lost, the contract shall be without effect; (3) If the thing is lost after perfection but before delivery, the risk of loss is shifted to the buyer as an exception to the rule res perit domino;(4) If the thing is lost after delivery, the buyer bears the risk of loss.

a. All rules are correct;b. Only (1) is incorrect;c. Only (2) is incorrect;d. Only (3) is incorrect.

42. Ms. Selyou sold to Mr. Buyme, at P200.00/kilo, 1,000 kilos of a specific casoy nut from Palawan stored in her warehouse in Marikina. However, before Ms. Selyou could weigh, count, or measure and deliver 1,000 kilos of that specific casoy nuts, her warehouse in Marikina was totally destroyed by typhoon Ondoy without her fault. What is the legal effect of the loss of the casoy nuts?a. The obligation is extinguished due to fortuitous event;b. The obligation is not extinguished because the object is generic;c. The obligation is extinguished but Ms. Selyou can compel Mr. Buyme to paythe purchase price;d. The obligation is extinguished and Ms. Selyou bears the loss. 43. Statement A: In a contract of sale of goods by description or by sample, the contract may be rescinded if the bulk of the goods delivered do not correspond with the description or the sample. StatementB: If the contract be by sample as well as description, the bulk of goods must correspond with the sample and the description.a. only A is correct;b. only B is correct;c. both are correct;d. both are not correct.44. In a contract of sale of personal property, the price of which is payable in installments, the vendor may exercise any of the following remedies, except: a. exact fulfillment of the obligation, should the vendee failed to pay;b. cancel the sale, should the vendees failure to pay cover two or more installments;c. foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendees failure to pay cover two or more installments;d. foreclose the chattel mortgage and bring an action to recover the deficiency or unpaid balance.45. The husband and the wife cannot sell property to each other, except:a. in case the property subject of sale is of small value;b. when a separation of property was agreed upon in the marriage settlement;c. in case the spouses are separated in fact;d. when the spouses have sufficient assets to cover their liabilities and the surplusis the object of sale.46. A person absolutely incapacitated to enter into a contract of sale:a. guardians;b. agents;c. executors and administrators;d. prodigals.47. Contracts of sale entered into by minors and other persons without capacity to act are voidable, except:a. sale of necessaries;b. sale of personal properties;c. sale by guardians;d. sale with the approval of the court.48. Principal obligations of the vendor, except:a. to transfer ownership of the thing sold;b. to deliver the thing;c. to take care of the thing with extra ordinary diligence;d. to warrant the object sold.49. An example of quasi-traditio:a. delivery of a negotiable instrument payable to bearer;b. the vendor who is the former owner continues the possession of the thing astenant;c. the lessor sells the thing to the lessee who remains in possession thereof;d. delivery of the key to the buyer;e. delivery of a car by mere consent or agreement.50. It is a form of traditio simbolica:a. traditio constitutum possessorium;b. traditio brevi manu;c. traditio longa manu;d. execution of public document.51. Statement 1: In sale, there is transfer of property by mere consent. Statement 2: In sale, tradition is the birth of real right.a. Only statement 1 is true;b. Only statement 2 is true;c. Both statements are true;d. Both statement are false.52. A contract of sale wherein the buyer gets the thing sold on trial and signifies his acceptance or refusal within a certain period while the seller remains the owner:a. on sale or return;b. sale on trial or approval;c. sale by sample;d. sale by description.d. the price quoted applies only at the point of origin and the seller agrees to placethe goods at the disposal of the buyer at the agreed place. 53. Statement A: As a general rule, if it is the duty of the seller to send goods tothe buyer pursuant to a contract of sale, delivery to a carrier is delivery to a buyer. Statement B: In an instance where the seller is obligated to send goods to the buyer, if the seller fails to make contract with the carrier on behalf of the buyer as may be reasonable and the goods are lost or damaged, the seller can still demand payment from the buyer.a. only A is correct;b. only B is correct;c. both are correct;d. both are not correct.54. An instance when the seller is still the owner of specific goods despite delivery to the buyer:a. when by the bill of lading, the goods are deliverable to the seller or his agent, or to the order of the seller or his agent;b. when the seller reserves ownership to secure the performance by the buyer of his obligations under the contract;c. when the buyer does not honor the trade acceptance for the price delivered together with the bill of lading;d. all of the above;e. none of the above.55. As a rule, no one can give what he does not have (nemo dat quad non habet), which of the following statements is true applying this principle?a. a seller without title cannot transfer a better title than he has;b. if the owner is precluded by his conduct to deny the sellers authority to sell, the buyer acquires good title as against the owner;c. a person who buys a thing at merchants stores, fairs or markets acquires a validtitle to the thing although his predecessor in interest was not the owner of the thing sold;d. all of the above;e. none of the above.56. Mr. Suarez, a minor, sold his books to Mr. Soriano. Mr. Soriano, in turn, sold the books to Mr. De Leon,who did not know that Mr. Suarez was a minor. When the parents of Mr. Suarez came to know of the transaction, they sued Mr. De Leon claiming the contract of sale between their son and Mr. Soriano was voidable, therefore Mr. De Leon had no right over the books. Will the suit prosper?a. yes, the books are considered necessaries which a minor should not be deprived of;b. no, Mr. De Leon is a buyer in good faith and the first sale has not yet beenavoided;c. yes, the parents may recover the books without indemnity unless the books were acquired in a public auction;d. none of the above.57. It is a proof of the possession or control of the goods wherein the said goods will be delivered to the bearer, or to the order of any person named therein:a. negotiable instrument;b. document of title;c. negotiable document of title;d. public document.58. F.O.B. or free on board means:a. the seller assumes all responsibilities and cost up to point of delivery;b. the fixed price covers not only the cost of goods but also the expenses of freight and insurance;c. the seller pays all charges and bears the risk until the goods are placedalongside the overseas vessel;d. the price quoted applies only at the point of origin and the seller agreesto place the goods at the disposal of the buyer at the agreed place.59. Which is the exception in the following applicable rules where the seller delivers to the buyer the goods he contracted to sell mixed with goods of different description?a. if the subject matter is divisible, the buyer may reject the entire quantity;b. if the subject matter is divisible, the buyer may accept which are in accordancewith the contract and pay at the contract rate, and reject the rest;c. if the subject matter is divisible, the buyer may accept the correct goods, rejectthe incorrect goods and purchase the rest in the market or from third part;d. If the object is indivisible, the buyer may reject the whole of the goods. 60. The right of the unpaid seller to resume possession of the goods when the buyer is or becomes insolvent:a. possessory lien;b. stoppage in transitu;c. right of resale;d. right to rescind.61. Carlo purchased from Donna a parcel of land at the lump sum of P5M. The contract stated the area of 500 square meters and the boundaries of the land. After the execution of the contract, it was found out that the land, within the boundaries, has an area of 1,000 sq. meters. Is Donna obligated to deliver to Carlo the excess 500 sq. meters?a. No;b. Yes, but Carlo is also bound to pay the value of the excess;c. Yes, and the purchase price should not be increased;d. No, and Donna has the right to rescind the contract.62. Where the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods provided:a. the vendee buys the goods in good faith, for value, and without notice of the vendors defect of title;b. the vendee buys the goods in good faith;c. the sale is for value;d. the vendee has no knowledge of the vendors voidable title.63. In case of double sales of real property, choose the rule of preference:a. registrant in good faith; possessor in good faith; person with the oldest title ingood faith;b. registrant in good faith; possessor in good faith; person with the oldest title ingood faith; buyer in bad faith;c. person with the oldest title in good faith; registrant in good faith; possessor ingood faith; d. registrant in good faith; registrant of anotacion preventiva; person with oldesttitle in good faith; possessor in good faith.64. On September 4, 2012, Mr. Dayao authorized Mr. Bayuga through a special power of attorney to sell Lot 123. On October 12, 2012, Mr. Dayao died. On December 19, 2012, the heirs of Mr. Dayao sold Lot 123 to Mr. Buson in a public instrument which was not recorded. On January 10, 2013, Mr. Bayuga without knowledge of Mr. Dayaos death, sold Lot 123 to Mr. Punuyas who registered the sale. What is the legal effect?a. the two sales are enforceable as the heirs and the agent have no authority tosell;b. Mr. Panuyas is the owner as the first registrant in good faith;c. Mr. Buson is the owner as the first buyer in good faith;d. none of the above.65. It is any affirmation of fact, or any promise by the seller relating to the thing if the natural tendency of such affirmation or promise is to induce the buyer to purchase the same, and if the buyer purchasing the thing relying thereon:a. express warranty;b. implied warranty;c. expert opinion;d. dealers talk.66. If the seller promised that the condition should happen or be performed, the buyer may treat the non-performance of the condition as:a. breach of warranty;b. default;c. violation of a resolutory condition;d. violation of suspensive condition. 67. The following are implied warranties or presumed stipulations, which is the exception? a. warranty against eviction;b. warranty against hidden defects;c. warranty as to merchantability;d. warranty as to the quality or fitness for particular purpose.68. An instance when implied warranty is applicable:a. sale of sheriff, auctioneer, mortgagee or pledgee;b. judicial sale;c. as is and where is sale;d. public auction for tax delinquency;e. all of the above.69. When eviction takes place in consciente waiver(as opposed to intencionada waiver), what is the liability of the vendor;a. he has no liability;b. he shall pay the value which the thing sold had at the time of the eviction;c. he shall reimburse the vendee the purchase price;d. he shall pay the value of the thing sold had at the time of eviction plus the fruits ordered to be delivered to the winning party, costs of suits and expenses of the contract.

70. A warranty that a property sold is not encumbered with non-apparent burden or servitude not mentioned in the agreement of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof is applicable to:a. immovable property only;b. movable property only;c. both movable and immovable properties;d. incorporeal property only. 71. Which of the following instances the warranty of merchantability is not applicable?a. sale of wine bottled by another;b. sale of shampoo in a sachet by a sari-sari store;c. sale of a second hand car;d. sale of goods for resale.72. For P500.00 Mr. Buyout bought a CD player from a store owned by Ms. Sellme at 168. When Mr. Buyout used the CD player using a DVD, the CD player destroyed the DVD. It turned out that Ms. Sellme was aware that the CD player only accepts pirated CDs from China as the player was made from China. What is the liability of Ms. Sellme?a. she should return the price plus interest thereon and reimburse the expenses ofthe contract incurred by Mr. Buyout;b. she is liable to Mr. Buyout who may elect between withdrawing from thecontract and demanding a proportionate reduction of the price, with damages in either case;c. she must return the price less the value of the thing at the time of loss;d. she should bear the loss, return the price, refund the expenses of the contractwith damages.73. Redhibitory defect refers to:a. known contagious diseases of animals;b. unfitness of the object of sale;c. hidden defects which should be of such a nature that expertknowledge is not sufficient to discover them;d. material defects of animals not disclosed by the seller. 74. Void sales of animals except:a. sale of animals with contagious disease;b. sale of animals unfit for use;c. sale of animals unfit for service;d. animals sold as condemned.75. A remedy to avoid a sale on account of some vice or defect in the thing sold which renders its use impossible, or so inconvenient and imperfect:a. accion quanti minoris;b. accion estimatoris;c. accion redhibitoria;d. none of the above.76. Principal obligations of the vendee, except:a. to bear the expenses of the sale;b. to accept delivery of the thing sold;c. to pay the price of the thing;d. none of the above.77. The obligation of the buyer to accept delivery is understood to be subject to his corresponding right:a. to refuse or reject delivery;b. to inspect the goods;c. to suspend payment of the price;d. all of the above;e. a and b only.78. Which of the following remedies is not available to an unpaid seller?a. a lien on the goods or right to retain them for the price while he is in possessionof them;b. In case of insolvency of the buyer, a right of stopping the goods in transit afterhe has parted with the possession of them;c. a right of resale as limited to certain cases;d. a right to rescind the sale in all cases of breach.79. One of the remedies available to a buyer in case of breach of warranty by the seller:a. refuse to accept the goods and maintain an action against the seller fordamages;b. accept or keep the goods and maintain an action against the seller fordamages;c. recoupment;d. all of the above;e. a and b only.80. In conventional redemption, the vendor reserves to himself the right to reacquire the property sold, which of the following is not a characteristic of conventional redemption?a. it is created by stipulation of the parties;b. its nullity affects the sale itself;c. it is a real right;d. it is subject to potestative condition.81. An instance where contract of sale with right to repurchase is presumed an equitable mortgage:a. when the price is inadequate;b. when buyer binds himself to pay the taxes on the thing sold;c. when the buyer retains for himself a part of the purchase price;d. when the buyer takes possession of the thing.82. A co-owner has a right of legal redemption, what are the requisites for the exercise of such right?a. existence of co-ownership and alienation of all or any of the shares of the otherco-owners to a stranger before partition;b. existence of co-ownership, sale of share to another co-owner; notice of sale toco-owners and tender of payment for the price;c. existence of co-ownership; notice of sale to third person; and reimbursement ofthe price;d. existence of the co-ownership; alienation of the property to a co-owner; andconsignation of the redemption price in court.

83. True or False:

a. The thing is licit when the object of a contract is something within the commerce of man.b. It is required that the seller be the owner of the thing sold at the time the contract is entered into.c. Things having potential existence may be the objects of a contract of sale.d. In case of foreclosure of the chattel mortgage and there is deficiency, the seller cannot recover the deficiency.e. Where necessaries are sold and delivered to a person without capacity to act, he must pay a reasonable price therefor.f. A lawyer may purchase a property of his client subject of litigation during the pendency of the case.g. Where delivery of the goods has been made to the buyer or to a bailee for the buyer in pursuance of the contract, and the ownership in the goods has been retained by the seller merely to secure the buyers performance of his obligation under the contract, the goods are at the buyers risk (bears the loss) from the time of such delivery.h. Any stipulation exempting the vendor from the obligation to answer eviction shall be void.i. There is implied warranty of merchantability or warranty for fitness for a particular purpose but there is no implied warranty as to quality or condition of the goods.j. If a thing sold should be lost in consequence of the hidden faults, and the vendor was not aware of them, the vendor shall return the price and interest thereon, and reimburse the expenses of the contract which the vendee might have paid.k. If two or more animals are sold together, whether for a lump sum or for a separate price for each of them, and one animal is found to be suffering under a redhibitory defect, its redhibition gives rise to the redhibition of the other animals.l. Automatic rescission of the sale of immovable property upon failure of the buyer to pay the purchase price at the time agreed upon is authorized by law.m. With respect to movable property not yet delivered, the rescission of the sale shall of right take place in the interest of the vendor, if the vendee, upon the expiration of the period fixed for delivery of the thing, failed to appear to receive the goods, or having appeared, failed to tender the price.n. The seller reserves a right to the possession of the goods despite delivery to buyer if the bill of lading, although stating that goods are to be delivered to the buyer or his agent, is kept by the seller or his agent.o. Acceptance of the goods by the buyer discharges the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract.p. A stolen thing sold at a merchants store, or in fairs or markets cannot be recovered by the real owner from the buyer without reimbursing the price paid therefor.q. In order for a document of title to be negotiable, it must refer to future delivery of goods.r. A seller is deemed an unpaid seller when only a part of the price has been paid or tendered.s. The buyer may suspend the payment of the price should he have reasonable grounds to fear such disturbance by a vindicatory action or a foreclosure of mortgage.t. Where the goods have been delivered to the buyer, he cannot rescind the sale despite the breach of warranty when the buyer accepts the goods without protest.u. Conventional redemption or the right to repurchase is a right mandated by law. v. In pacto de retro sale, any money, fruits or other benefits to be received by the vendee a retro shall be considered as interest.w. In co-ownership, if the sale is made to another co-owner, the other co-owners cannot legally redeem the share sold.x. In co-ownership, if a third person acquires the property by gratuitous title, the right of legal redemption cannot be exercised.