Evaluating Enforceability of Contracts
Evaluating Enforceability of Contracts
2 out of 2 points
The following contracts, all of which are executory and not in writing, are presented for your
evaluation:Sale of a piece of land for P50,000.00;Sale of a computer for P20,000.00;Lease of a
delivery truck at P1,000.00 for two months.
Selected Answer:
(i) and (ii) are unenforceable
Answers:
(i) and (ii) are unenforceable
(ii) and (iii) are unenforceable
(i) and (iii) are unenforceable
All contracts are unenforceable.
• Question 2
2 out of 2 points
X, who was abroad, phoned his brother, Y, authorizing him to sell X's parcel of land in Pasay.
X sent the title to Y by courier service. Acting for his brother, Y executed a notarized deed of
absolute sale of the land to Z after receiving payment. What is the status of the sale?
Selected
Answer: Void, since X should have authorized agent Y in writing to sell the land.
Answers: Valid, since a notarized deed of absolute sale covered the transaction and
full payment was made.
Void, since X should have authorized agent Y in writing to sell the land.
Valid, since Y was truly his brother X's agent and entrusted with the title
needed to effect the sale.
Valid, since the buyer could file an action to compel X to execute a deed of
sale.
• Question 3
2 out of 2 points
Three of the following contracts are void. Which is not:
Selected
Answer: Oral contract of partnership whereon more that P3,000.00 has been
contributed by the partners
Answers:
Oral contract of partnership whereon more that P3,000.00 has been
contributed by the partners
Agent given oral authority to sell the land of the principal.
Partnership contracts in private instrument wherein immovable have been
contributed
Oral contract of limited partnership.
• Question 4
2 out of 2 points
Who can make a donation?
Selected Answer:
All persons who can enter into contracts and dispose of their property.
Answers:
All persons who can enter into contracts and dispose of their property.
All persons who are of legal age and suffer from no civil interdiction.
All persons who can make a last will and testament.
All persons, whether natural or artificial, who own property.
• Question 5
2 out of 2 points
In order that service may be the object of a contract, it must be:
Selected Answer:
Within the commerce of man
Answers:
Within the commerce of man
Impossible
Indeterminate
Illegal
• Question 6
2 out of 2 points
Which phrase most accurately completes the statement – Any third person who induces
another to violate his contract:
Selected Answer:
shall be liable for damages to the other contracting party.
Answers: shall be liable for damages only if he is a party to the same contract.
Pacto de retro
• Question 8
0 out of 2 points
Which of the following is unenforceable:
Selected Answer:
None of the above.
Answers:
Those that do not comply with the Statute of Frauds.
Those where both parties are capable of giving.
Those entered into in the name of himself.
None of the above.
All of the above.
• Question 9
2 out of 2 points
Consent was given by one in representation of another but without authority. The contract is:
Selected Answer:
unenforceable
Answers: voidable
rescissible
void
unenforceable
• Question 10
2 out of 2 points
The following are the requisites before a contract entered into in fraud of creditors may be
rescinded, except:
Selected
Answer: The credit existed prior to the celebration of the contract.
Answers:
The credit existed prior to the celebration of the contract.
There must be fraud, or at least, the intent to commit fraud to the prejudice of
the creditor seeking rescission.
The creditor cannot in any legal manner collect his credit (subsidiary
character of rescission)
The object of the contract must be legally in the possession of a 3rd person in
good faith.
• Question 11
0 out of 2 points
Aligada orally offered to sell his two-hectare rice land to Balane for P 10Million. The offer
was orally accepted. By agreement, the land was to be delivered (through execution of a
notarized Deed of Sale) and the price was to be paid exactly one-month from their oral
agreement. Which statement is most accurate?
Selected
Answer: The contract between the parties is subject to ratification by the parties.
Answers:
If Aligada refuses to deliver the land on the agreed date despite payment by
Balane, the latter may not successfully sue Aligada because the contract is oral.
If Aligada refused to deliver the land, Balane may successfully sue for
fulfillment of the obligation even if he has not tendered payment of the
purchase price.
The contract between the parties is rescissible.
The contract between the parties is subject to ratification by the parties.
• Question 12
2 out of 2 points
When bilateral contracts are vitiated with vices of consent, they are rendered
Selected Answer:
voidable.
Answers: rescissible.
void.
unenforceable.
voidable.
• Question 13
0 out of 2 points
Contract of lease of a parcel of land for a term of one year must be written otherwise
unenforceable. Contract of sale of a parcel of land must be in a public instrument otherwise
unenforceable.
Selected Answer:
True, True
Answers: False, True
True, True
True, False
False, False
• Question 14
0 out of 2 points
If the cause is not stated in the contract it is presumed that it does not exist and therefore the
contract is void. In order that a contract may be voidable, there must be damage.
Selected Answer:
False, True
Answers: True, True
False, False
False, True
True, False
• Question 15
0 out of 2 points
Which of the following statements is correct?
Selected Answer:
All contracts are perfected by mere consent.
Answers: All contracts are perfected by mere consent.
All contracts are perfected by delivery of the object.
All contracts are required to be in writing.
Yes, provided the donation is moderate and intended for charity or family
rejoicing.
Yes, in a donation mortis causa that the donor may still revoke in his
lifetime.
• Question 17
2 out of 2 points
Michael Fermin, without the authority of Pascual Lacas, owner of a car, sold the same car in
the name of Mr. Lacas to Atty. Buko. The contract between Atty. Buko and Mr. Lacas is ---
Selected
Answer: unenforceable because Michael Fermin had no authority but he sold the car in
the name of Mr. Lacas, the owner.
Answers: void because of the absence of consent from the owner, Mr. Lacas.
valid because all of the essential requisites of a contract are present.
unenforceable because Michael Fermin had no authority but he sold the car in
the name of Mr. Lacas, the owner.
rescissible because the contract caused lesion to Atty. Buko.
• Question 18
0 out of 2 points
Sam, a store owner, sold a gallon of rat poison to Ben for P1,000.00. Ben intended to pour the
poison in the fishpond of Doray, his enemy, to kill all the fishes therein. The sale of the rat
poison is:
Selected
Answer: Void as it is immaterial whether or not Ben kills the fish in the fishpond of
Doray since Ben's motive is void.
Answers: Valid provided Ben does not pursue his motive to kill the fish in the fishpond
of Doray.
Valid even if B pursues his motive to kill the fish in the fishpond of Doray.
Void as it is immaterial whether or not Ben kills the fish in the fishpond of
Doray since Ben's motive is void.
Void if Ben pursues his motive to kill the fish in the fishpond of Doray.
• Question 19
2 out of 2 points
Means that one voluntarily adopts some contract which, without his subsequent approval or
consent, would not be binding on him.
Selected Answer:
Ratification
Answers: Annulment
Concealment
Revocation
Ratification
• Question 20
2 out of 2 points
Implies that there is a cause but the same is unlawful or illegal
Selected Answer:
Illegality of cause
Answers: Absence of cause
Illegality of cause
Falsity of cause
Want of cause
• Question 21
0 out of 2 points
The action for rescission may be brought by:
Selected Answer:
Both
Answers: The injured party or the defrauded debtor
The action for the declaration of its inexistence does not prescribe
It produces force and effect.
• Question 23
0 out of 2 points
An offer becomes ineffective on any of the following grounds, except:
Selected
Answer: Qualified/conditional acceptance of the offer, which becomes counter-offer.
Answers: Death, civil interdiction, insanity/insolvency of either party before
acceptance is conveyed.
Valid.
Void.
Unenforceable.
• Question 26
0 out of 2 points
Human air may be a valid object of a contract of sale. The donation by a mother of a part of
her liver to be transplanted to his son is valid.
Selected Answer:
False, True
Answers:
True, True
False, False
False, True
True, False
• Question 27
0 out of 2 points
Which of the following are considered incompetents:
Selected Answer:
None of the above
Answers: Healed lepers
Prodigals
Deaf and dumb who are able to read and write
All of the above
None of the above
• Question 28
2 out of 2 points
If one of the parties to the contract is without juridical capacity, the contract is:
Selected Answer:
void
Answers: voidable
rescissible
void
unenforceable
• Question 29
2 out of 2 points
Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one of the
five lots he owns, without specifying which lot it was, for the price of P1 million. Later, the
parties could not agree which of five lots he owned Lino undertook to sell to Ramon. What is
the standing of the contract?
Selected Answer:
Void.
Answers: Unenforceable.
Voidable.
Rescissible.
Void.
• Question 30
2 out of 2 points
Are contracts which requires compliance with certain formalities prescribed by law:
Selected Answer:
Solemn Contracts
Answers: Real Contracts
Solemn Contracts
Consensual Contracts
Informal Contracts
• Question 31
2 out of 2 points
It is the fraud used by a party to induce the other to enter into a contract without which the
latter would not have agreed to it.
Selected Answer:
Causal Fraud
Answers: Incidental fraud
Causal Fraud
Mistake of Law
Mistake of fact
• Question 32
2 out of 2 points
X bought a land from Y, paying him cash. Since they were friends, they did not execute any
document of sale. After 7 years, the heirs of X asked Y to execute a deed of absolute sale to
formalize the verbal sale to their father. Unwilling to do so, X's heirs filed an action for
specific performance against Y. Will their action prosper?
Selected
Answer: No, after more than 6 years, the action to enforce the verbal agreement has
already elapsed.
Answers:
No, after more than 6 years, the action to enforce the verbal agreement has
already elapsed.
No, since the sale cannot under the Statute of Frauds be enforced.
Yes, since X bought the land and paid Y for it.
Yes, after full payment, the action became imprescriptible.
• Question 33
2 out of 2 points
Which of the following is entitled to reformation:
Selected Answer:
All of the above
Answers: Either of the parties
In all other cases, the injured party
The heirs or successors in interest, in lieu of the party entitled
Those where the intention of the parties relative to the principal object of the
contract can be ascertained.
• Question 35
2 out of 2 points
Is the damage caused by the fact that the price is unjust or inadequate.
Selected Answer:
Lesion
Answers: Loss
Lesion
Cession
Accretion
• Question 36
2 out of 2 points
Atoy gave Bubuy One million pesos for the latter to kill Cathy. Before Bubuy could
accomplish his criminal intent to kill Cathy, Atoy changed his mind and demanded the return
of the money from Bubuy. Decide:
Selected
Answer: Atoy can recover the money although the contract is void since the crime was
not committed.
Answers: Atoy cannot recover the payment he made to Bubuy because it was a void
contract which does not allow recovery of the guilty party.
Atoy cannot recover the money because the contract is unenforceable
Atoy can recover the money although the contract is void since the crime was
not committed.
No recovery and both Atoy and Bubuy will be prosecuted
• Question 37
0 out of 2 points
Which of the following does not vitiate consent?
Selected Answer:
Error
Answers: Fraud
Violence
Error
Due influence
• Question 38
2 out of 2 points
Which of the following contracts is void?
Selected
Answer: An oral sale of a parcel of land.
Answers:
An oral sale of a parcel of land.
A sale of land by an agent in a public instrument where his authority from
the principal is oral.
A donation of a wrist watch worth P 4,500.00.
A relatively simulated contract.
• Question 39
2 out of 2 points
The following are the attributes of a rescissible contract. Except:
Selected Answer:
It is a principal remedy of the creditor to collect his credit.
Answers: It is valid until rescinded
Damage or lesion is absolutely material
Third person whose interest is affected may ask for rescission
Reformation
Rescission
Declaration of nullity
• Question 42
0 out of 2 points
For intimidation to vitiate the consent of a party to a contract, the following requisites must be
present, except:
Selected Answer:
None of the above
Answers: It must produce a reasonable and well-grounded fear of an evil
The evil must be imminent and grave
Absolute simulation
Qualified simulation
• Question 44
2 out of 2 points
When both parties to the contract are minors, the contract is:
Selected Answer:
unenforceable
Answers: voidable
rescissible
void
unenforceable
• Question 45
2 out of 2 points
When the donor gives donations without reserving sufficient funds for his support or for the
support of his dependents, his donations are:
Selected
Answer: Reducible to the extent that the donations impaired the support due to
himself and his dependents.
Answers: Rescissible, since it results in economic lesion of more than 25% of the
value of his properties.
Voidable, since his consent to the donation is vitiated by mindless kindness.
Void, since it amounts to wanton expenditure beyond his means.
Reducible to the extent that the donations impaired the support due to
himself and his dependents.
• Question 46
2 out of 2 points
Which of the following contract is not void ab initio?
Selected Answer:
Those undertaken in fraud of creditors
Answers: Those whose object are outside the commerce of men
Those whose object did not exist at the time of the transaction
Those which contemplate an impossible service
Selected Answer:
False
Answers: True
False
• Question 2
2 out of 2 points
An innominate contract which means â I do that you may give.â
Selected Answer:
Facio ut des
Answers: Do ut des
Do ut facias
Facio ut des
Facio ut facias
• Question 3
2 out of 2 points
Contracts entered during hypnotic spell are
Selected Answer:
Voidable
Answers: Valid
Voidable
Unenforceable
Void
• Question 4
2 out of 2 points
Wills cannot be reformed.
Selected Answer:
True
Answers:
True
False
• Question 5
2 out of 2 points
There is no intimidation if the threat is to enforce oneâ s claim that is just or legal through
competent court.
Selected Answer:
True
Answers:
True
False
• Question 6
0 out of 2 points
Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith. From perfection the parties are bound not only to the
fulfillment of what has been expressly stipulated but also to all the consequences which,
according to their nature, may be in keeping with good faith, usage and law.
Selected Answer:
Mutuality of contract
Mutuality of contract
Relativity of contract
• Question 7
2 out of 2 points
The contract must bind both contracting parties; its validity or compliance cannot be left to the
will of one of them.
Selected Answer:
Mutuality of contract
Relativity of contract
• Question 8
2 out of 2 points
Accessory contract can stand alone.
Selected Answer:
False
Answers: True
False
• Question 9
2 out of 2 points
A contract may be enforced by or against a third person except â
Selected Answer:
• Question 10
2 out of 2 points
Three of the following are essential elements of a contract, except â
Selected Answer:
• Question 11
2 out of 2 points
If the offerer is an agent, the acceptance must be communicated to him. If the acceptance is
communicated to the agent, the contract is already perfected even the principal has no
knowledge of the acceptance.
Selected Answer:
True
Answers:
True
False
• Question 12
2 out of 2 points
It is manifested by the meeting of the offer and the acceptance upon the thing and the cause
which are to constitute the contract.
Selected Answer:
Consent
Answers:
Consent
Object
Cause
Consideration
• Question 13
2 out of 2 points
It is a meeting of minds between two persons whereby one binds himself, with respect to the
other, to give something or to render some service.
Selected Answer:
Contract
Answers: Obligation
Contract
Quasi-contract
Delict
• Question 14
0 out of 2 points
Contract of sale is a real contract.
Selected Answer:
True
Answers: True
False
• Question 15
2 out of 2 points
The contracting parties may establish such stipulations, clauses, terms and conditions as they
may deem convenient, provided they are not contrary to law, morals, good customs, public
order, or public policy.
Selected Answer:
Autonomy of contract
Answers:
Autonomy of contract
Mutuality of contract
Relativity of contract
• Question 16
2 out of 2 points
When the offerer has allowed the offeree a certain period to accept, the offer may be
withdrawn at any time before acceptance by communicating such withdrawal, except when the
option is founded upon a consideration, as something paid or promised.
Selected Answer:
True
Answers:
True
False
• Question 17
2 out of 2 points
Employment of serious or irresistible force to obtain consent
Selected Answer:
Violence
Answers:
Violence
Intimidation
Undue influence
Fraud
• Question 18
2 out of 2 points
Contract of commodatum is a real contract.
Selected Answer:
True
Answers:
True
False
• Question 19
2 out of 2 points
If the form is required only for the convenience of the parties, the contracting parties may
compel each other to observe the form, once the contract is perfected.
Selected Answer:
True
Answers:
True
False
• Question 20
2 out of 2 points
Mistake of law will vitiate consent if the error as to the legal effect is mutual and the real
purpose is frustrated.
Selected Answer:
True
Answers:
True
False
• Question 21
2 out of 2 points
It is the point when there is meeting of minds between the parties on a definite subject matter
and valid cause.
Selected Answer:
Perfection
Perfection
Termination
Consummation
• Question 22
0 out of 2 points
For a fraud to make the contract voidable â
Selected
Answer:
Must be an incidental fraud and must be serious
• Question 23
2 out of 2 points
Contracts entered by insane person during lucid interval are
Selected Answer:
Valid
Answers:
Valid
Voidable
Unenforceable
Void
• Question 24
2 out of 2 points
If a minor enters into a contract for necessaries, the contract is
Selected Answer:
Valid
Answers:
Valid
Voidable
Unenforceable
Void
• Question 25
2 out of 2 points
Pledge is a real contract.
Selected Answer:
True
Answers:
True
False
• Question 26
2 out of 2 points
The statement of a false cause in contracts shall render them void.
Selected Answer:
True
Answers:
True
False
• Question 27
2 out of 2 points
It is a contract which has been performed. It is a contract not covered by Statute of Fraud.
Selected Answer:
Executed contract
Executed contract
Executing contract
Auto contract
• Question 28
2 out of 2 points
Simple donation inter vivos wherein a condition is imposed may be reformed.
Selected Answer:
True
Answers:
True
False
• Question 29
0 out of 2 points
As a rule, lesion or inadequacy of cause shall invalidate a contract.
Selected Answer:
True
Answers: True
False
• Question 30
2 out of 2 points
Which of the following is not a real contract?
Selected Answer:
Sale
Answers: Deposit
Sale
Commodatum
Pledge
• Question 31
2 out of 2 points
Contracts take effect only between the parties, their assigns, and heirs.
Selected Answer:
Relativity of contract
Mutuality of contract
Relativity of contract
• Question 32
2 out of 2 points
It is a contract whereby one party receives no equivalent consideration. These contracts are
referred to as contracts of pure beneficence, the cause of which is the liberality or generosity of
the benefactor.
Selected Answer:
Gratuitous contract
Gratuitous contract
Remuneratory contract
• Question 33
2 out of 2 points
If one of the parties in a contract is incapable of giving consent, the contract is
Selected Answer:
Voidable
Answers: Valid
Voidable
Unenforceable
Void
• Question 34
2 out of 2 points
If both parties in a contract is incapable of giving consent, the contract is
Selected Answer:
Unenforceable
Answers: Valid
Voidable
Unenforceable
Void
• Question 35
2 out of 2 points
It is a contract that has not yet been performed. Certain executory contracts are covered by
Statute of Fraud and required to be in writing for them to be enforceable.
Selected Answer:
Executory contract
Answers:
Executory contract
Executed contract
Executing contract
Auto contract
• Question 36
2 out of 2 points
There is mistake if the party alleging it knew the doubt, contingency or risk affecting the
object of the contract.
Selected Answer:
False
Answers: True
False
• Question 37
2 out of 2 points
Absolutely simulated or fictitious contract is void.
Selected Answer:
True
Answers:
True
False
• Question 38
2 out of 2 points
It is a contract whereby the parties give almost equivalent values; hence, there is real
fulfillment.
Selected Answer:
Commutative contract
Answers:
Commutative contract
Onerous contract
Reciprocal contract
Auto contract
• Question 39
2 out of 2 points
Contract of deposit is a consensual contract.
Selected Answer:
False
Answers: True
False
• Question 40
2 out of 2 points
It is a contract whereby there is an exchange of valuable consideration. For each contracting
party, the cause is the prestation or the promise of a thing or service by the other.
Selected Answer:
Onerous contract
Answers:
Onerous contract
Gratuitous contract
Remuneratory contract
• Question 41
0 out of 2 points
If the law requires a form to a contract for mere convenience of the parties, what is the right of
the contracting parties once the contract is perfected?
Selected Answer:
• Question 42
2 out of 2 points
If the opinion is made by an expert and the other party relied on it, then it would constitute
fraud.
Selected Answer:
True
Answers:
True
False
• Question 43
2 out of 2 points
It exists when a person takes improper advantage of his power over the will of another,
depriving the latter of a reasonable freedom of choice.
Selected Answer:
Undue influence
Answers: Violence
Intimidation
Undue influence
Fraud
• Question 44
2 out of 2 points
is the legal remedy available to the injured party in a contract when the instrument or
document that serves as tangible evidence of the contract does not express the true intention of
the contracting parties.
Selected Answer:
Reformation
Answers: Annulment
Reformation
Restoration
Rescission
• Question 45
2 out of 2 points
It is a contract perfected by the execution of the formality required by law.
Selected Answer:
Real contract
Traditional contract
• Question 46
2 out of 2 points
Future thing may not become a valid object of contract
Selected Answer:
False
Answers: True
False
• Question 47
2 out of 2 points
It is an onerous contract except â
Selected Answer:
Donation
Answers:
Donation
Partnership
Sale
Lease
• Question 48
2 out of 2 points
Usual exaggerations in trade is fraudulent.
Selected Answer:
False
Answers: True
False
• Question 49
2 out of 2 points
There can be an action for the reformation of instrument if the real agreement is void.
Selected Answer:
False
Answers: True
False
• Question 50
2 out of 2 points
Contracts entered in a state of drunkenness are
Selected Answer:
Voidable
Answers: Valid
Voidable
Unenforceable
Void
•
On August 1, 2020, Mr. Barro Wer issued a check dated August 30, 2020 to Mrs. Nagpa U. Tang
for the loan of P 100,000. On July 1, 2020, Mrs. Nagpa U. Tang has not yet deposited the check
nor went to bank for encashment. Is the obligation extinguished by payment?
Selected
Answer:
No because there was no express stipulation that check payment shall be
considered as legal tender
Answers: Yes because the check is dated and ready for encashment
• Question 2
0 out of 2 points
Steph is obliged to deliver his only horse or Cow or Goat or Sheep to Klay on September 20,
2020. On September 17, 2020, Klay forgot to unplug his cellphone charger causing a raging
fire that resulted in the total destruction of his rest house of Steph and death of the latter's
animals except the Cow and Sheep. If the right of choice belongs to Klay, what is or are the
effect/s?
Selected Answer:
Answers: Creditor may choose from the remaining plus indemnity for damages
Creditor may choose from the remaining without indemnity for damages
• Question 3
2 out of 2 points
Payment of damages awarded to the party winning the case is a kind of?
Selected Answer:
Civil fruit
Industrial fruit
Civil fruit
Industrial-Civil fruit
• Question 4
2 out of 2 points
The debtor shall lose every right to make use of the period in the following except?
Selected
Answer:
When the debtor does not violates any undertaking, in consideration of which
the creditor agreed to the period
Answers: When after the obligation has been contracted, he becomes insolvent, unless he
gives a guaranty or security for the debt
When by his own acts he has impaired said guaranties or securities after their
establishment, and when through a fortuitous event they disappear, unless he
immediately gives new ones equally satisfactory;
When the debtor does not violates any undertaking, in consideration of which
the creditor agreed to the period
• Question 5
2 out of 2 points
The effect of payment after the obligation to pay has prescribed is?
Selected
Answer:
There shall be no reimbursement because the civil obligation was converted to
a natural obligation, unless it was paid by mistake
Answers: The payment shall be reimbursed by the creditor to the debtor because it is
solution indebiti
• Question 6
2 out of 2 points
This provides that where both parties are negligent but the negligent act of one is appreciable
later in point of time than that of the other, the one who had the last clear opportunity to avoid
the impending harm but failed to do so, is chargeable with the consequence?
Selected Answer:
• Question 7
2 out of 2 points
Statement 1: There is a solidary liability only when the obligation expressly so states, or when
the law or the nature of the obligation requires solidarity; Statement 2: The indivisibility of an
obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply
indivisibility.
Selected Answer:
True;True
Answers:
True;True
True; False
False; True
False;False
• Question 8
2 out of 2 points
The following are requisites of payment by cession, except:
Selected
Answer:
The debtor is not insolvent
The Debtor abandons all his properties except those which are exempt from
execution
• Question 9
2 out of 2 points
This is delay on the part of the creditor as oppose to the debtor?
Selected Answer:
Mora Accipiendi
Mora Accipiendi
Compensatio Morae
Dolo Causante
• Question 10
2 out of 2 points
Anna issued a negotiable promissory note to Ben amounting to P 10,000. Ben endorsed it to
Carlos, then Carlos to Denver then eventually to Anna. What is the mode of extinguishment of
obligation of Anna?
Selected Answer:
Confusion or Merger
Answers: Compensation
Payment
Confusion or Merger
Novation
• Question 11
0 out of 2 points
Ms. Jeannie Buzz agreed to deliver 500 pieces of Financial Accounting books to the office of
[Link] after the latter misrepresented as the Dean of USTee Accountancy and issued a
bouncing check. What is the remedy of Ms. Buzz?
Selected
Answer:
To declare nullity of the contract because the contract is void ab initio and
ask for damages
To declare nullity of the contract because the contract is void ab initio and
ask for damages
• Question 12
2 out of 2 points
Statement 1: The happening of a resolutory condition will give rise to an obligation while the
happening of a suspensive condition will extinguish an obligation; Statement 2: A condition is
potestative when the fulfillment depends upon the will of one of the parties
Selected Answer:
False; True
Answers: True;True
True; False
False; True
False;False
• Question 13
2 out of 2 points
Bankero, the payee of a check for P30,000 cahes it with VPI drawee bank. However, Cashing
the bank teller mistakenly gave him P 31,000. What is the obligation of Bankero?
Selected
Answer:
There is obligation to return the full excess amount because of solutio
indebiti
Answers: There is no obligation to return because it was given mistakenly by the bank
• Question 14
2 out of 2 points
Tyler Hero is obliged to deliver an american bully or pitbull or Rottweiler or a German
shepherd to Duncan Robinson on May 20, 2020. However, the house of Tyler Hero was
destroyed due to strong typhoon on May 18, 2020. The destruction led to the death of his
pitbull. If the right of choice belongs to Tyler Hero, what is or are the effect/s?
Selected
Answer:
The debtor may still choose from the remaining prestation without paying
indemnity for damage
Answers: The creditor may claim any of the subsisting prestations plus damages
The creditor may claim any of the subsisting prestation without damages
The debtor may still choose from the remaining prestation without paying
indemnity for damage
The debtor may still choose from the remaining prestation plus damages
• Question 15
2 out of 2 points
Statement 1: The liquidated damages, whether intended as an indemnity or a penalty, shall not
be equitably reduced if they are iniquitous or unconscionable; Statement 2: Exemplary or
corrective damages are imposed, by way of example or correction for the public good
Selected Answer:
False, True
True,False
False, True
False, False
• Question 16
0 out of 2 points
What is the remedy of the creditor if debtor fails to perform his obligation to deliver a
determinate thing?
Selected Answer:
• Question 17
0 out of 2 points
Frank Vogel sold his Green Ford Mustang with plate number LBJ 23 to Rob Pelinka on July
14, 2020. They further agreed that the car will be delivered on July 20, 2020 without need of
demand. However, on July 21, 2020 the house of Frank Vogel including the said car was
burned due to fortuitous event. What is the liability of Frank Vogel?
Selected
Answer:
Frank Vogel is not liable for damages because the loss is due to fortuitous
event and he incurs no delay
Answers: Frank Vogel is liable for damages even if the loss is due to fortuitous event
because the object is a determinate thing
Frank Vogel is not liable for damages because the loss is due to fortuitous
event and he incurs no delay
Frank Vogel is not liable for damages and the obligation to deliver is
extinguihed
• Question 18
2 out of 2 points
Frank Vogel sold his Black Toyota Hilux with plate number ADD 333 to Rob Pelinka on July
14, 2020. The next day, Frank Vogel sold the same car to Jason Pelinka, the brother of Rob
Pelinka. However, on July 16, 2020 the house of Frank Vogel including the said car was
burned due to fortuitous event. What is the liability of Frank Vogel?
Selected
Answer:
Frank Vogel is liable for damages even if the loss is due to fortuitous event
because he promises to deliver the same thing to two persons with different
interest
Answers: Frank Vogel is not liable for damages because the loss is due to fortuitous
event and the object is a determinate thing
Frank Vogel is not liable for damages because the loss is due to fortuitous
event and he incurs no delay since there was no demand to deliver the thing
Frank Vogel is liable for damages even if the loss is due to fortuitous event
because he promises to deliver the same thing to two persons with different
interest
Frank Vogel is not liable for damages even if the loss is due to fortuitous event
because he promises to deliver the same thing to two persons with same
interest
• Question 19
0 out of 2 points
Michael is obliged to deliver his only horse or Cow or Goat or Sheep to Jordan on August 20,
2020. On August 17, 2020, Michael forgot to unplug his cellphone charger causing a raging
fire that resulted in the total destruction of his rest house and death of all his animals at the
backyard. If the right of choice belongs to Michael, what is or are the effect/s?
Selected
Answer:
The creditor may choose the price of any one of the prestations lost plus
indemnity for damages
Answers:
The creditor may recover the value of the last thing which disappeared with
indemnity for damages
The creditor may choose the price of any one of the prestations lost plus
indemnity for damages
The creditor may choose the price of any one of the prestations without
indemnity for damages
Both A and B
• Question 20
2 out of 2 points
Mr. Play boy gave her sweetheart, Ms. Sweet Heart, a gift containing a brand new laptop
worth P 45,000 on September 15, 2020. After 15 days, Ms. Sweet Heart dumped Mr. Play boy.
Very sad and angry, Mr. Play Boy seek your legal advice. What is the remedy of Mr. Play
boy?
Selected
Answer:
He can recall his gift because the donation is void
Answers: None because he must bear the loss of taking the risk of loving a Sweet
girl
Since the donation orally was valid, Play Boy has no remedy
• Question 21
2 out of 2 points
Consignation alone is sufficient or even without a previous tender of payment, except?
Selected Answer:
Answers: When Creditor is absent or does not appear at the place of payment
When the Creditor refuses to give a receipt for a just cause
• Question 22
0 out of 2 points
The following are the obligation of a debtor to deliver a determinate thing except?
Selected
Answer:
To place the thing in the possession or control of the creditor either actually or
constructively
Answers: To take good care of the thing with diligence of a good father of the family
unless Law or Stipulation of the parties provides another standard of care.
To place the thing in the possession or control of the creditor either actually or
constructively
To deliver the accessions and accessories only if they have been mentioned
• Question 23
0 out of 2 points
Frank Vogel agreed to deliver 25 cases of soft drinks specifically 250ml Coca-Cola to Rob
Pelinka on August 14, 2020. However, on August 17, 2020 the warehouse of Frank Vogel
including the said 25 cases of soft drinks was burned due to fortuitous event. What is the
liability of Frank Vogel?
Selected
Answer:
Frank Vogel is not liable because he is not in delay in delivering a generic
object
Answers: Frank Vogel is not liable to deliver because the objects are generic things and
the loss is due to fortuitous event
Frank Vogel is still liable to deliver even if the loss is due to fortuitous event
because the objects are generic things
• Question 24
2 out of 2 points
Which governs this statement, husband supports his wife, while the wife supports her
husband?
Selected Answer:
Law
Answers:
Law
Delict
Quasi-Delict
Contract
• Question 25
2 out of 2 points
This damage includes physical suffering, mental anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social humiliation, and similar injury?
Selected Answer:
Moral Damage
Answers: Actual Damage
Moral Damage
Exemplary Damage
Nominal Damage
• Question 26
2 out of 2 points
Negligence can either be Culpa Aquilana, Culpa Contractual or Culpa Criminal. In Comparing
Culpa Aquilana as oppose to culpa contractual?
Selected
Answer:
There is necessity to prove negligence to warrant recovery
• Question 27
2 out of 2 points
As a rule, the Officious Manager is not liable for any loss or damage in case of fortuitous
event, except when:
Selected
Answer:
Undertaking risky operations which the owner was not accustomed to embark
upon
Undertaking risky operations which the owner was not accustomed to embark
upon
• Question 28
2 out of 2 points
This is a kind of fruit that is produced by land of any kind through cultivation or labor?
Selected Answer:
Industrial fruit
Industrial fruit
Natural fruit
Jackfruit
• Question 29
2 out of 2 points
Mr. Clause promises his son to give a brand new house and lot if the latter will pass the MAY
2021 CPA board examination. What kind of obligation is present in the case?
Selected Answer:
• Question 30
2 out of 2 points
In case of expromision as opposed to delegacion:
Selected
Answer:
Insolvency of new debtor shall not give rise to liability of the old debtor
Answers: Insolvency of new debtor shall give rise to liability of the old debtor
Insolvency shall not give rise to liability of old debtor unless the insolvency
was already in existence at the time of substitution and of public knowledge
Insolvency of new debtor shall not give rise to liability of the old debtor
Insolvency shall not give rise to liability of old debtor unless known to the old
debtor
• Question 31
2 out of 2 points
Kyrie is obliged to deliver his only horse or Cow or Goat or Sheep to Kevin on May 20, 2020.
On May 17, 2020, Kyrie forgot to unplug his cellphone charger causing a raging fire that
resulted in the total destruction of his rest house and death of all his animals at the backyard. If
the right of choice belongs to Kevin, what is or are the effect/s?
Selected
Answer:
The creditor may choose the price of any one of the prestations lost plus
indemnity for damages
Answers: The creditor may recover the value of the last thing which disappeared with
indemnity for damages
The creditor may choose the price of any one of the prestations lost plus
indemnity for damages
The creditor may choose the price of any one of the prestations without
indemnity for damages
Both A and B
• Question 32
2 out of 2 points
Statement 1: The nullity of the penal clause does not carry with it that of the principal
obligation; Statement 2: Creditor may ask another person to perform the obligation at the
expense of the debtor plus damages in case of breach of Positive personal obligation.
Selected Answer:
True;True
Answers:
True;True
True; False
False; True
False;False
• Question 33
2 out of 2 points
Alan, Lord and Bong are joint debtors of Rody and Leni for P60,000. How much can Leni
collect from Alan?
Selected Answer:
P 10,000
Answers: P 60,000
P 20,000
P 12,000
P 10,000
• Question 34
2 out of 2 points
Don Papa told her daughter that she will give the latter P 5,000 every day until the day she
pass the CPA Board Examination. What kind of obligation is present in the case?
Selected Answer:
• Question 35
2 out of 2 points
Under novation as mode of extinguishing the obligation, Obligations may be modified by:
Selected Answer:
All of these
• Question 36
2 out of 2 points
Eric, the cashier, was authorized by her boss to receive payment of P250,000 from Spoelstra
and deposit such amount in his EW account the on same day. However, Eric failed to deposit
and was constrained to bring home the said payment. While sleeping, Butler surreptitiously
entered the house of Eric and stole jewelries including the P250,000 cash. Is Eric liable for the
loss of the P250,000 cash?
Selected
Answer:
Yes, he is liable even if robbery is considered as fortuitous event because he
was negligent and the object is generic
Answers: No, he is not liable because the robbery here is considered as fortuitous event
No, he is not liable because he was not negligent but merely concerned in the
safe keeping of the money.
• Question 37
0 out of 2 points
Statement 1: Waiver of an action based on future fraud is valid while waiver of an action based
on past fraud is void; Statement 2: As a rule, if there is no demand on the part of the Obligee
there is no delay on the part of the Obligor.
Selected Answer:
False; False
False; True
False; False
• Question 38
2 out of 2 points
Albert, Apollo and Chris are solidary debtors of Patricia and Tintin for P40,000. How much
can Tintin collect from Apollo?
Selected Answer:
P 20,000
Answers: P 40,000
P 20,000
P 8,000
P 5,000
• Question 39
2 out of 2 points
The diligence required to a common carrier is?
Selected Answer:
Ordinary diligence
Extraordinary diligence of a very cautious person
• Question 40
2 out of 2 points
Statement 1: Compensation may be total or partial but when the two debts are of the same
amount, there is a total compensation; Statement 2: The parties may agree upon the
compensation of debts which are not yet due.
Selected Answer:
True; True
Answers:
True; True
True; False
False; True
False; False
• Question 41
2 out of 2 points
The following are elements of obligation, except:
Selected Answer:
Presentation
Vinculum Juris
Passive Subject
Presentation
• Question 42
2 out of 2 points
Mike is driving the jeepney of Kobe at a speed of 250Km per hour in Espana Boulevard
without headlight at exactly 9:00 in the evening when he crahed into a barrier and accidentally
bumped and killed a pedestrian named Lebron. Anthony, a passenger was also injured due to
the said accident. What is the civil obligation of the Kobe, the employer?
Selected
Answer:
Kobe is liable to Anthony under contract while he is subsidiarily liable to
Lebron under delict if Mike is insovlent
• Question 43
2 out of 2 points
If one prestation remains after a fortuitous event, what is the effect under alternative
obligation?
Selected
Answer:
The obligation is converted to a simple obligation and the debtor has no right to
substitution
Answers: The obligation remains to be alternative one and the debtor has the right to
substitute another
The obligation is converted to a simple obligation but the debtor has the right
to substitute another
The obligation is converted to a simple obligation and the debtor has no right to
substitution
• Question 44
2 out of 2 points
James and Anthony are jointly and severally liable to Jimmy for P 200,000. How much can
Jimmy collect from James?
Selected Answer:
P 200,000
Answers: P 50,000
P 100,000
P 150,000
P 200,000
• Question 45
2 out of 2 points
Tyler and Jimmy jointly and voluntarily managed the abandoned property of Abedayo located
in Quiapo Manila without the consent of the latter. However, due to negligence of Tyler the
property was destroyed. What is the nature of the obligation of Tyler and Jimmy?
Selected Answer:
• Question 46
2 out of 2 points
Statement 1: Personal obligation involves an obligation to do or not to do while a real
obligation involves and obligation to give; Statement 1: The condition not to do an impossible
thing shall be considered as not having been agreed upon.
Selected Answer:
True;True
Answers:
True;True
True; False
False; True
False;Fasle
• Question 47
2 out of 2 points
In dacion en pago as opposed to cession:
Selected
Answer:
It is the alienation of property to the creditor in satisfaction of a debt in
money
• Question 48
2 out of 2 points
This is a voluntary management of an abandoned property or business in good faith without
the authority and consent of the owner?
Selected Answer:
Negotiorum Gestio
Answers: Law
vinculum juris
Negotiorum Gestio
Solutio Indebiti
• Question 49
2 out of 2 points
This novation is when the original debtor offers and the creditor accepts, a third person who
consents to the substitution and assumes the obligation?
Selected Answer:
Delegacion
Answers: Subrogation
Delegacion
Expromision
Accion PAuliana
• Question 50
2 out of 2 points
A contract of sale between Javale, the seller, and Mcgee, the buyer, indicates that Javale will
deliver 50 sacks of Quinoa Rice on July 1, 2020. The buyer paid his obligation on May 25,
2020 while the seller delivered 50 sacks of rice on July 5, 2020. Mcgee performed a random
check on the delivery and found out that 20 sacks of rice are not of the same quality as agreed.
What is/ are the remedy of Mcgee?
Selected Answer:
To annul the contract because there is fraud that vitiates the consent
•
In a facultative obligation, the loss of the substitute through a fortuitous event before the
substitution has been made by the debtor, shall have no effect on the debtor's obligation to
deliver the principal thing.
Selected Answer:
True
Answers:
True
False
• Question 2
2 out of 2 points
H is obliged to give V PhP100,000.00 if X dies. This is an example of:
Selected Answer:
a pure obligation.
• Question 3
2 out of 2 points
This refers to right of a creditor that is enforceable against a definite passive subject:
Selected Answer:
Personal right
Natural right
Civil right
Personal right
• Question 4
2 out of 2 points
If the debtor fails to perform an obligation to do, the creditor may compel the debtor to
comply with the obligation.
Selected Answer:
False
Answers: True
False
• Question 5
2 out of 2 points
In alternative obligations, the right of choice belongs to the creditor unless it has been
expressly granted to the debtor.
Selected Answer:
False
Answers: True
False
• Question 6
2 out of 2 points
A condition may refer to a past event unknown to the parties.
Selected Answer:
True
Answers:
True
False
• Question 7
2 out of 2 points
A thing, although still physically exists, may be considered lost of it goes out of
commerce.
Selected Answer:
True
Answers:
True
False
• Question 8
2 out of 2 points
Rob, Sansa, Arya, and Rickon, joint debtors, are obliged to give Jessica, Harvey, Lois,
Mike, and Rachel, solidary creditors, PhP200,000.00.
Selected Answer:
• Question 9
2 out of 2 points
Rob, Sansa, Arya, and Rickon, solidary debtors, are obliged to give Jessica, Harvey,
Lois, Mike, and Rachel, solidary creditors, PhP200,000.00.
Selected Answer:
Answers:
• Question 10
0 out of 2 points
On 01 September 2020, Harvey obliged himself to give Mike a red Ferrari car with plate
no. XYZ123 if Mike will not marry Rachel on or before 31 December 2020. Which of
the following statements is incorrect?
Selected
Answer:
The obligation of Harvey is demandable if it is already 01 January 2021
and Mike has not yet married Rachel.
• Question 11
2 out of 2 points
On 01 September 2020, Harvey obliged himself to give Mike a red Ferrari car with plate
no. XYZ123 if Mike will not marry Rachel on or before 31 December 2020. The
condition of the obligation is a:
Selected Answer:
negative condition.
negative condition.
joint condition.
impossible condition.
• Question 12
2 out of 2 points
One of the following is a void obligation:
Selected
Answer:
G is obliged to give E PhP500,000.00 if G goes to Batanes.
• Question 13
2 out of 2 points
In obligations with a penal clause, the penalty shall substitute the indemnity for damages
and the payment of interests, if there is no stipulation to the contrary.
Selected Answer:
True
Answers:
True
False
• Question 14
2 out of 2 points
The following are obligations with a term or period, except:
Selected Answer:
• Question 15
2 out of 2 points
Solidarity may exist although the creditors and debtors may not be bound in the same
manner and by the same periods and conditions.
Selected Answer:
True
Answers:
True
False
• Question 16
0 out of 2 points
P is obliged to give C a specific ring. The parties agreed that P may give a specific
bracelet as substitute. Which of the following statements is true?
Selected
Answer:
If the bracelet is lost through a fortuitous event before substitution, the
obligation is extinguished.
Answers:
If the ring is lost through the debtor's fault after substitution, the debtor
shall pay damages.
• Question 17
0 out of 2 points
In alternative obligations, the creditor may not be compelled to receive part of one and
part of another undertaking.
Selected Answer:
False
Answers:
True
False
• Question 18
2 out of 2 points
On 01 September 2020, Harvey obliged himself to give Mike PhP50,000.00 if Mike will
marry Rachel on or before 31 December 2020. The condition of the obligation is a:
Selected Answer:
positive condition.
Answers:
positive condition.
negative condition.
joint condition.
impossible condition.
• Question 19
2 out of 2 points
J is obliged to give P a red ferrari car with plate no. ABJ 4096 if P passes the CPA
Examination, J's obligation is an example of:
Selected Answer:
• Question 20
0 out of 2 points
If an obligation to do has been poorly done, the creditor may have the same be undone at
the expense of the creditor.
Selected Answer:
True
Answers: True
False
• Question 21
2 out of 2 points
An obligation where various prestations are due and the performance of all of them is
required in order to extinguish the obligation is known as:
Selected Answer:
conjunctive obligation.
facultative obligation.
conjunctive obligation.
simple obligation.
• Question 22
0 out of 2 points
Whenever a period is designated in an obligation, the said period shall be presumed to
have been established for the benefit of:
Selected Answer:
The credtor.
The credtor.
Both the creditor and the debtor.
• Question 23
2 out of 2 points
It is the voluntary administration of the property of another without his/her consent:
Selected Answer:
Negotiorum gestio
Negotiorum gestio
Quasi-delict
Delict
• Question 24
2 out of 2 points
Which of the following is an indivisible obligation?
Selected
Answer:
To give a rendition tonight of Howie Day's "Collide" in a concert at the
MOA Arena.
Answers:
• Question 25
2 out of 2 points
One of the following is a valid obligation. Which is it?
Selected
Answer:
Joffrey promised to give Ramsay a barrel of gold if Ramsay will not
swim across the Pacific Ocean.
Answers:
• Question 26
2 out of 2 points
When there are two or more debtors and/or two or more creditors in one and the same
obligation, the obligation is presumed to be a joint obligation.
Selected Answer:
True
Answers:
True
False
• Question 27
2 out of 2 points
Obligations arising from contracts have the force of law between the contracting parties.
Selected Answer:
True
Answers:
True
False
• Question 28
2 out of 2 points
A natural obligation cannot be enforced in court of justice.
Selected Answer:
True
Answers:
True
False
• Question 29
2 out of 2 points
There shall be no liability for loss due to fortuitous events in one of the following cases.
Which is it?
Selected
Answer:
When the nature of the obligation requires the assumption of risks.
When the parties so stipulated that there shall be liability in case of loss
due to fortuitous events.
• Question 30
2 out of 2 points
The following are the requisites of an obligation, except:
Selected Answer:
efficient cause.
• Question 31
0 out of 2 points
In obligations with a penal clause, the creditor as a rule may recover from the debtor in
case of breach the following:
Selected Answer:
• Question 32
2 out of 2 points
A person obliged to give something is also obliged to take care of it with the diligence of
a father of a good family, unless the law or stipulation of the parties requires a greater
degree of care.
Selected Answer:
False
Answers: True
False
• Question 33
0 out of 2 points
When the debtor binds himself to pay when his means permit him to do so, the obligation
is:
Selected Answer:
a pure obligation.
a pure obligation.
• Question 34
0 out of 2 points
Rob, Sansa, Arya, and Rickon, solidary debtors, are obliged to give Jessica, Harvey,
Lois, Mike, and Rachel, joint creditors, PhP200,000.00.
Selected Answer:
• Question 35
2 out of 2 points
The following obligations are divisible, except an:
Selected
Answer:
obligation to give definite things.
Answers:
obligation which has for its object the execution of a certain number of
days of work.
• Question 36
0 out of 2 points
Harry, 25yo, Hermoine, 24, and Ron, 16, are solidary debtors of Draco in the amount of
PhP9,000.00.
Selected
Answer:
Draco may collect nothing because the obligation is voidable, Ron
being a minor.
• Question 37
0 out of 2 points
Demand must be made on the due date of the obligation in order for delay to exist in one
of the following cases. Which is it?
Selected
Answer:
When time is of the essence of the contract.
Answers: When it was stipulated by the parties that demand need not be made.
When the obligation does not indicate whether demand must be made
or not on due date.
• Question 38
2 out of 2 points
Which of the following obligations is a pure obligation and is demandable at once?
Selected
Answer:
Gendry to give Theon his car. No mention was made when Theon shall
give the car.
Answers: Gendry to allow Theon to use Gendry's car until 31 December 2020.
Gendry to allow Theon to use Gendry's car until Theon finishes his
Accounting course.
Gendry to give Theon his car. No mention was made when Theon shall
give the car.
Gendry to give Theon a car if Theon finishes his Accounting course.
• Question 39
2 out of 2 points
On 01 September 2020, Harvey obliged himself to give Mike PhP50,000.00 if Mike will
marry Rachel on or before 31 December 2020. Which of the following statements is
incorrect?
Selected
Answer:
The obligation is demandable if Mike marries Rachel on 01 January
2021.
• Question 40
2 out of 2 points
In an obligation to give a determinate thing which is subject to a suspensive period, the
deterioration of the thing without the debtor's fault shall render the debtor liable for
damages.
Selected Answer:
False
Answers: True
False
• Question 41
2 out of 2 points
The nullity of the penal clause in an obligation carries with it the nullity of the principal
obligation.
Selected Answer:
False
Answers: True
False
• Question 42
2 out of 2 points
In a joint indivisible obligation, a demand made by one of the joint creditors against all
the joint debtors is a valid demand.
Selected Answer:
False
Answers: True
False
• Question 43
2 out of 2 points
It is a juridical relation whereby a person may demand from another the observance of a
determinative conduct, and in case of breach, may demand satisfaction from the assets of
the latter.
Selected Answer:
Civil obligations
Moral obligations
Civil obligations
Contracts
• Question 44
0 out of 2 points
X is obliged to give Y a specific necklace, a specific ring, or a specific bracelet. They
agreed that Y will have the right to choose the thing which will be given to her. Before Y
could make her choice, the necklace and the ring are lost through X's fault, successively.
What is the right of Y?
Selected
Answer:
Y can only choose to have delivery of the bracelet or the price of the ring
which was the last item that was lost plus damages.
Answers:
Y may choose delivery to her of the bracelet, or the price of the necklace
or the price of the ring plus damages.
Y cannot choose the price of the necklace or the price of the ring because
the said objects have already been lost
Y can only choose to have the bracelet because anyway, X can still
perform his obligation.
Y can only choose to have delivery of the bracelet or the price of the ring
which was the last item that was lost plus damages.
• Question 45
2 out of 2 points
In an action to give an indeterminate thing, the loss or destruction of anything of the
same kind will extinguish the obligation if the cause of the loss is a fortuitous event.
Selected Answer:
False
Answers: True
False
• Question 46
2 out of 2 points
Whenever a period is designated in an obligation, it shall be presumed to have been
established for the benefit of the debtor.
Selected Answer:
False
Answers: True
False
• Question 47
2 out of 2 points
Rob, Sansa, Arya, and Rickon are obliged to give Jessica, Harvey, Lois, Mike, and
Rachel PhP200,000.00.
Selected Answer:
• Question 48
0 out of 2 points
Harvey, Mike, and Lois are solidarily liable to Donna for PhP300,000.00. Harvey pays
Donna the whole amount due. Lois, however, is insolvent.
Selected
Answer:
Harvey can demand a refund of PhP100,000.00 from Donna pertaining
to Lois's share since Lois is insolvent.
Answers: Harvey alone will bear the share of Lois who is insolvent since he made
the payment.
• Question 49
0 out of 2 points
Sansa and Arya are jointly and severally liable to Tommen for PhP100,000.00 The
obligation is due on 30 September 2020. On 25 September 2020, Sansa paid the whole
amount of the note to Tommen. If Arya reimburses Sansa on 15 October 2020, Sansa is
entitled to receive fro Arya:
Selected
Answer:
PhP50,000.00 with no interest because Sansa paid the note before due
date.
PhP50,000.00 with no interest because Sansa paid the note before due
date.
• Question 50
2 out of 2 points
Which of the following is not considered a conditional obligation?
Selected
Answer:
Cersei to pay Olenna PhP500,000.00 as soon as Cersei has the means.
Answers:
•
This is the delay of the obligors in reciprocal obligations
Selected Answer:
Compensatio morae
Mora accipiendi
Compensatio morae
Empleo patriciae
• Question 2
2 out of 2 points
This is the juridical relation which is created when something is received when there is no
right to demand it and it was unduly delivered through mistake
Selected Answer:
Solutio indebiti
• Question 3
2 out of 2 points
The is the remedy of a creditor to pursue the leviable property of the debtor
Selected Answer:
Attachment
Attachment
Accion subrogatoria
Accion pauliana
• Question 4
0 out of 2 points
Responsibility arising from fraud is demandable in all obligations and any waiver of an action
for past fraud is void.
Selected Answer:
True
Answers: True
False
• Question 5
2 out of 2 points
It is the right or interest of a person over a specific thing, without a definite passive subject
against whom the right may be personally enforced.
Selected Answer:
Real right
Real right
Both A & B
• Question 6
2 out of 2 points
The person who is entitled to demand the fulfillment of the obligation
Selected Answer:
Obligee
Answers:
Obligee
Obligor
Prestation
Legal tie
• Question 7
2 out of 2 points
Mr. A and his whole family went to Boracay for a short vacation. Unfortunately, a strong
typhoon hit Manila and it destroyed the cages of Mr. A's dogs. Luckily, his neighbor Mr. B
saw what happened and immediately repaired the cages of the animals. The materials and
labor amounted to P5,000. Is Mr. B entitled to reimbursement?
Selected Answer:
Yes, even if there was no consent from the owner of the dogs.
Answers: Yes, only if he was able to get the consent of Mr. A beforehand.
Yes, even if there was no consent from the owner of the dogs.
No, because there was no consent on the part of the owner of the dogs.
• Question 8
2 out of 2 points
This is the voluntary management of the property or affairs of another without the knowledge
or consent of the latter.
Selected Answer:
Negotiorum gestio
Answers:
Negotiorum gestio
Solutio indebiti
• Question 9
2 out of 2 points
If a person obliged to do something fails to do it, the same shall be executed at his cost.
Selected Answer:
True
Answers:
True
False
• Question 10
2 out of 2 points
It is the contracting for or receiving interest in excess of the amount allowed by law for the
loan or use of money, good, chattels or credits.
Selected Answer:
Usury
Dolo incidente
Usury
• Question 11
2 out of 2 points
Those obliged to deliver or to do something incur in delay from the time the obligee judicially
or extrajudicially demands from them the fulfillment of their obligation.
Selected Answer:
True
Answers:
True
False
• Question 12
2 out of 2 points
The demand by the creditor shall not be necessary in order that delay may exist
Selected
Answer:
All of the above
When from the nature and the circumstances of the obligation it appears that the
designation of the time when the thing is to be delivered or the service is to be
rendered was a controlling motive for the establishment of the contract
When demand would be useless, as when the obligor has rendered it beyond his
power to perform
• Question 13
2 out of 2 points
The obligation to give a determinate thing includes that of delivering all its accessions and
accessories, as long as they have been mentioned.
Selected Answer:
False
Answers: True
False
• Question 14
2 out of 2 points
The creditors, after having pursued the property in possession of the debtor to satisfy their
claims, may exercise all the rights and bring all the actions of the latter for the same purpose,
save those which are inherent in his person.
Selected Answer:
True
Answers:
True
False
• Question 15
2 out of 2 points
These are obligations which are not based on positive law but on equity and natural law. It
does not grant a right of action to enforce their performance although in case of voluntary
fulfillment by the debtor, the latter may not recover what has been delivered.
Selected Answer:
Natural obligation
Moral obligation
Natural obligation
• Question 16
2 out of 2 points
As a general rule, every person who is criminally liable is also civilly liable for damages.
Selected Answer:
True
Answers:
True
False
• Question 17
2 out of 2 points
It is an act or omission by a person which causes damage to another in his person, property, or
rights giving rise to an obligation to pay for the damage done, there being fault or negligence.
Selected Answer:
Quasi – Delicts
Answers: Law
Contract
Delicts
Quasi – Delicts
Quasi – Contracts
• Question 18
0 out of 2 points
Every person obliged to give something is also obliged to take care of it with the proper
diligence of a father of a good family, unless the law or the stipulation of the parties requires
another standard of care.
Selected Answer:
True
Answers: True
False
• Question 19
2 out of 2 points
This is a remedy of a creditor to impugn the acts which the debtor may have done to defraud
him.
Selected Answer:
Accion pauliana
Accion pauliana
Accion redhibitoria
• Question 20
0 out of 2 points
A taxi driver was negligent in driving his car. As a result, an accident occurred. This resulted
to injuries to his passenger (Mr. C) and to a pedestrian (Mr. D). Both victims were rushed to
the hospital and incurred expenses for their treatment. With regards to Mr. C, what is the
source of taxi driver's obligation to reimburse?
Selected Answer:
Quasi Delict
Answers: Law
Contract
Quasi Contract
Delict
Quasi Delict
• Question 21
0 out of 2 points
It is one of the remedies available to a creditor, after having pursued the property in possession
of debtor, exercise all the rights and bring all the actions of the debtor except those inherent in
or personal to the person of the latter.
Selected Answer:
Attachment
Attachment
Accion subrogatoria
Accion pauliana
• Question 22
2 out of 2 points
The receipt of a later installment of a debt with reservation as to prior installments, shall
likewise raise the presumption that such installments have been paid.
Selected Answer:
False
Answers: True
False
• Question 23
2 out of 2 points
It is the meeting of the minds between two persons whereby one binds himself, with respect to
the other, to give something or to render some service.
Selected Answer:
Contract
Answers: Law
Contract
Quasi-Contract
Delicts
Quasi-Delicts
• Question 24
0 out of 2 points
What is the diligence required for contracts of carriage involvings jeeps, buses and taxis?
Selected Answer:
Ordinary diligence
Extra-ordinary diligence
• Question 25
2 out of 2 points
Obligations arise from
Selected Answer:
Answers: Law
Contracts
Quasi-contracts
• Question 26
2 out of 2 points
A taxi driver was negligent in driving his car. As a result, an accident occurred. This resulted
to injuries to his passenger (Mr. C) and to a pedestrian (Mr. D). Both victims were rushed to
the hospital and incurred expenses for their treatment. With regards to Mr. D, what is the
source of taxi driver's obligation to reimburse?
Selected Answer:
Quasi Delict
Answers: Law
Contract
Quasi Contract
Delict
Quasi Delict
• Question 27
2 out of 2 points
It is the juridical relation resulting from lawful, voluntary and unilateral acts by virtue of
which the parties become bound to each other to the end that no one shall be unjustly enriched
or benefited at the expense of another.
Selected Answer:
Quasi-Contract
Answers: Law
Contract
Quasi-Contract
Delicts
Quasi-Delicts
• Question 28
2 out of 2 points
Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and
those who in any manner contravene the tenor thereof, are liable for damages.
Selected Answer:
True
Answers:
True
False
• Question 29
0 out of 2 points
Which among the following is an example of a natural fruit?
Selected Answer:
Both A and B
Answers: Grass
A baby calf that was born without the intervention of human labor
Both A and B
• Question 30
0 out of 2 points
The receipt of the principal by the creditor without reservation with respect to the interest,
shall give rise to the conclusive presumption that said interest has been paid.
Selected Answer:
True
Answers: True
False
• Question 31
0 out of 2 points
This is the conduct required to be observed by the debtor. It may consist in giving, doing or
not doing.
Selected Answer:
Prestation
Answers: Object
Prestation
• Question 32
2 out of 2 points
It is the right or power of a person to demand from another, as a definite passive subject, the
fulfillment of the latter's obligation to give, to do, or not to do.
Selected Answer:
Personal right
Answers:
Personal right
Real right
Both A & B
• Question 33
2 out of 2 points
Except in cases expressly specified by the law, or when it is otherwise declared by stipulation,
or when the nature of the obligation requires the assumption of risk, no person shall be
responsible for those events which could not be foreseen, or which, though foreseen, were
inevitable.
Selected Answer:
True
Answers:
True
False
• Question 34
2 out of 2 points
Which among the following is an example of a specific object?
Selected Answer:
A red house
An old book
• Question 35
2 out of 2 points
Which among the following is an example of a civil fruit?
Selected Answer:
Both A & B
Interest income
Both A & B
• Question 36
2 out of 2 points
Subject to the laws, all rights acquired in virtue of an obligation are transmissible, even if there
has been a stipulation to the contrary.
Selected Answer:
False
Answers: True
False
• Question 37
0 out of 2 points
Under Article 1156 of the New Civil Code, an obligation is a juridical necessity to give, to do
or not to do.
Selected Answer:
False
Answers:
True
False
• Question 38
2 out of 2 points
This is the delay on the part of the debtor to fulfill his obligation
Selected Answer:
Mora solvendi
Answers:
Mora solvendi
More accipiendi
Compensatio morae
• Question 39
2 out of 2 points
Is the failure to perform an obligation on time which failure constitutes a breach of the
obligation.
Selected Answer:
Legal delay
Answers:
Legal delay
Ordinary delay
Both A & B
• Question 40
2 out of 2 points
If the obligor delays, or has promised to deliver the same thing to two or more persons who do
not have the same interest, he shall not be responsible for any fortuitous event until he has
effected the delivery.
Selected Answer:
False
Answers: True
False
• Question 41
2 out of 2 points
Obligations derived from law can be presumed.
Selected Answer:
False
Answers: True
False
• Question 42
2 out of 2 points
Rice, corn and other kinds of vegetables are examples of
Selected Answer:
Industrial fruits
Industrial fruits
Civil fruits
Juicy fruits
• Question 43
2 out of 2 points
On August 1, 2020, Mr. S sold a specific dog to Mr. B for P15,000. Based on their agreement,
the specific dog should be delivered to Mr. B on August 8, 2020. The deadline has passed and
the specific dog is still in possession of the seller. While still in possession of Mr. S, the
mother dog gave birth to three puppies on August 20, 2020. Who is entitled to the three
puppies?
Selected Answer:
Mr. B
Answers: Mr. S
Mr. B
• Question 44
2 out of 2 points
The tie which binds or connects the parties to the obligation
Selected Answer:
Vinculum juris
Answers: Debtor
Creditor
Subject Matter
Vinculum juris
• Question 45
2 out of 2 points
The person who is bound to the fulfillment of the obligation
Selected Answer:
Passive subject
Answers:
Passive subject
Actie subject
Object
Juridical tie
• Question 46
2 out of 2 points
From the moment one of the parties fulfills his obligation, delay by the other begins.
Selected Answer:
True
Answers:
True
False
• Question 47
2 out of 2 points
An obligation is juridical necessity because in case of noncompliance, the courts of justice
may be called upon by the aggrieved party to enforce its fulfillment.
Selected Answer:
True
Answers:
True
False
• Question 48
2 out of 2 points
Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith.
Selected Answer:
True
Answers:
True
False
• Question 49
2 out of 2 points
When the obligation consists in not doing, and the obligor does what has been forbidden him,
it shall also be undone at his expense.
Selected Answer:
True
Answers:
True
False
• Question 50
2 out of 2 points
The creditor has a right to the fruits of the thing from the time the obligation to deliver it
arises.
Selected Answer:
True
Answers:
True
False









