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1. In Sales, ownership is transferred by the perfection of the contract.

False. In a contract of sale, it is the delivery of the object that


constitutes the transfer of ownership and not during the perfection of
the contract.

2. Dation in payment is only applicable if the debtor is insolvent.


False. It is not necessary that the debtor is insolvent in Dation in
payment. The law provided requisites when dation in payment is
applicable.
a. existence of a money obligation
b. alienation to the creditor of a property by the debtor with the consent of the
former
c. satisfaction of the money obligation of the debtor
Since, in the requisites provided, the law did not mention any of which, that
in order for dation in payment to take place the debtor must be insolvent, the
statement above therefore is false
3. A contract of sale by itself transfers real rights and is one of the modes
of acquiring ownership.
False. Under the law, the contract by itself is not a mode of
acquiring ownership. The contract transfers no real rights. It merely
causes certain obligations to arise.
4. If there is a defect in the consent of the one of the contracting parties,
the contract of sale is deemed to be voidable.
True. The law provides that a contract is deemed voidable if one
of the parties is incapable of giving consent to a contract and if
consent is vitiated by mistake, violence, intimidation, undue influence
or fraud.
5. If Bruno purchased 100 sacks of rice from Ryan and the latter was not
able to produce the quantity from his harvest, Ryan will still be liable for
the balance.

True. Ryan committed breach of contract. Under the law there


are 2 kinds of breach of obligations, first is voluntary and second is
involuntary.
Under Voluntary breach of obligations, the debtor, in the performance
of the obligation is guilty of default, fraud, negligence or contravention of the
tenor of the obligation. Here, the debtor is liable for damages also.
Under Involuntary breach of obligations, the debtor is unable to comply
with his obligation because of fortuitous event. And here, the debtor is not
liable for damages.
In relation to the case, Ryan cannot reason out that the failure to
produce 100 sacks or rice is due to fortuitous event. Under the law,
fortuitous event is defined as an event which could not be forseen or which
though forseen was inevitable. Ryan could have forseen that he will not be
able to produce 100 sacks of rice and that as a seller, he should have made
sure that he had planted rice equivalent to 100 sacks.
Ryan is, instead, is therefore guilty of default and is liable for the
balance and damages.
6. When contract is thru a mere text message, there is still perfection
once the offeror is aware of the acceptance of the offeree.
True. Under the law, the requirement for perfection when
contract is thru correspondence or thru telegram is when the offeror
receives or has knowledge of the acceptance of the offeree. Here, it is
worthy to note also that if the buyer has already accepted but the
seller does not know yet of the acceptance, the seller may still
withdraw.

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