P a g e |1EASTWEST PROFESSIONAL REVIEW CENTER CPA REVIEW BUSINESS LAW CONTRACTS I. ATTY. MACMOD Identification Basic Concept/ Principles __________ 1. __________ 2. __________ 3. __________ 4. __________ 5. __________ 6. __________ 7. __________ 8. __________ 9. __________10. __________11. __________12. __________13. __________14. __________15. __________16. __________17. __________18. __________19. __________20. Limitations imposed by laws on ones capacity to act. The proposal to make a contract. The unconditional and unqualified agreement to the offer. Remedy in equity by which a written instrument is made to conform to the real intentions of the parties. False notion of a thing or a fact. Agreement that do not appear on the face of the contract and do not bind either party. It occurs when to wrest consent, serious or irresistible force is employed. When one party is compelled by reasonable or well grounded fear of a grave evil upon his person, family or property. When one takes improper advantage of his power or relationship over another. The fear of displeasing a person to whom respect and obedience are due. It affects the substance of the agreement and without it the party would not have consented. The declaration of a fictitious intent manifested deliberately and by agreement of the parties. A remedy to make ineffective a contract validly entered into where there is pecuniary prejudice or lesion, by restoration of things to their original condition. The fact which explains and justifies the creation of an obligation. A ground to modify a contract when there is substantial change in facts or conditions affecting contract. The term used to cover various acts such as confirmation, acknowledgement, and ratification proper. Wherein a person’s admission or representation is rendered conclusive upon him and cannot be disproved against the person relying thereon. Wherein there is a full return of a person’s mind to sanity. Refers to standardized contracts offered to consumers on essentially take it or leave it basis. Instances showing possibility of fraud. TRUE OR FALSE __________ 1. __________ 2. __________ 3. __________ 4. Statute of frauds is applied to executor & partially executed contracts. The right to set up the defense of illegality in void contract can be waived. Stipulation por autrui is an exception to the rule on consensuality of contracts. Failure to disclosed facts, when there is a duty to reveal them, as when confidential relations bind the parties constitutes fraud. __________ 5. Contracts take effect only between the contracting parties. __________ 6. Real contracts are perfected by mere consent. __________ 7. When the real agreement of the parties stated in a contract is void the parties can ask for reformation of the instrument. __________ 8. Consummation of a contract is manifested by the offer and acceptance. __________ 9. Annulment is available only to persons who are obliged principally or subsidiary. It is not available to third persons __________10. Cause is the essential or more proximate purpose, which the parties have in view in entering into the contract. It voids the contract if unlawful like motive. __________11. When, there having been a meeting of the minds of the parties to a contract, their true intention is not expressed in reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for the reformation of the instrument __________12. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed __________13. Acceptance made by letter or telegram does not bind the offerer except from the time it came to this knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made __________14. Legal life of a contract starts in the conception stage __________15. Misrepresentation made in good faith is not fraudulent but may constitute error. __________16. If one party was mistaken and the other acted fraudulently or in such a way that the instrument does not show their true intention, the former may ask for the annulment of the instrument. __________17. Mutual promise to marry if orally entered into is unenforceable. __________18. In the case of an illegal contract where there is a criminal offense, the parties cannot be prosecuted if they are both in pari-delicto. “ It is in your moments of decision that your destiny is shaped.” -A. Robbins- Lesion is inadequacy of the cause of a contract. assigns. Relativity of contract c. __________28. S offers to sell his CAR to B for P100. Relativity of contract c. their assigns or successors-in-interest a. by law or by stipulation. To be valid. Mutuality of contract b. __________22. 42. The statement of a false cause in contracts shall render them void. __________34. __________23. Freedom of contract 43. Because of ambiguity. If the contract does not reflect the true intention of the parties. An action to declare contract void is not subject to prescription d. The interpretation of obscure words or stipulation in a contract shall not favor the party who caused the obscurity. An action to enforce judicially a natural obligation prescribes in 4 years b. Husband and wife cannot absolutely sell property to each other. Contracts invalidly agreed upon maybe reformed in cases established by law. __________27. There can be no action for the reformation of instrument if the real agreement is void. 000 offer. __________30. the heirs. In voidable contracts. By this principle. B’s response is a rejection of the P100. MULTIPLE CHOICE 41. B asks him if he would accept P80. The liability of a 3rd person who induces another to violate a contract is based on quasicontract. B’s response is a mere inquiry. __________37. An advertisement containing some terms of the offer in print needs no further negotiation but an offer by itself. however. 000 because it is too indefinite d. Representation as to the credit of a third person d. This principle means that contracts take effect only upon the contracting parties. 000. a. Recover the painting from X but no damages c. a good faith purchaser. A mere expression of opinion can never result to fraud.P a g e |2 __________19. S is entitled to a. __________20. __________39. Observance of certain forms are necessary for validity in contracts under statute of fraud. which is true and lawful. The determination of the performance may be left to a 3rd person whose decision shall be binding immediately. Guaranty b. __________36. rescission is a primary or principal action. A threat to enforce a legal claim is not a ground that can vitiate consent. 000. Rescind the contract with B plus damages b. Contracts entered by demented persons during lucid interval are perfectly valid. Which of the following is correct? a. __________32. there is no need to ratify the same before they can be considered valid. B’s response is a counter-offer effectively terminating the P100. Mutuality of contract b. the P100. Recover damages from B d. Obligatoriness of contract d. which is direct result of a previous illegal contract. The following contracts should observe the Statute of Frauds. __________38. except in cases where the rights and obligations arising from contract are not transmissible by their nature. Lease of real property longer than one year . B sold it to X for P 2M. In unenforceable contracts. __________29. __________33. except: a. __________35. A party who has brought an action to enforce an instrument can still later ask for its reformation. B forced S to sell him (B) a masterpiece painting for P1M. the validity and efficacy of the contract cannot be left to the will of one of the contracting parties. Freedom of contract 44.000. 000 offer by S is still in force. Lease of personal property longer than one year c. __________25. Just like in voidable contracts. Gross inadequacy of the price does not affect the validity of contracts as a rule. An action for annulment of contract is imprescriptible c. is also void and existent. __________24. __________31. A contract. b. and there is no offer for P80. An action for rescission of contract prescribes in five (5) years counted from the execution of the contract 46. Which of the following is correct? a. __________40. 000 offer and instigating an offer for P80. the main action should be that of annulment. ratification is necessary before they can be considered enforceable. Annul the contract plus damages 45. Obligatoriness of contract d. Most contracts in the Civil Code are formal or solemn contracts. The rule on mutuality of contracts provides that contracts takes effect between the parties. __________21. both offers are terminated by operation of law. if it should not be proved that they were founded upon another cause. c. unenforceabsle contracts must first be ratified. __________26.Subsequently. X discovered that fraud was committed at the time he entered. When the seller cannot return the installment paid to him by the buyer. X. Both are false d. 54. A special promise to answer for the debt. Remedy of X is to annul when? a. On July 15. 2015 50. The contract is binding between the parties (but voidable) d. and no more bids equals his bid. 2014. Meantime. and received by S on January 10. B proposes the following: “I will buy the property for P10. Void 53. 000. However. on January 5. S becomes insane. B makes known his acceptance in a letter sent on January 2. Example No. 2014. a. which of the following statements is correct? a. The advertiser is not bound to accept the higher bidder 49. Business advertisement of things for sale c. I am to equal that offer”. On February 10. b. unless ratified by the guardian of S. 56. was able to obtain the consent of his wife. In the preceding number S is perfectly sane but only an unemancipated minor of the time the acceptance is communicated to him. The offer is considered a counter offer c. All of the above. When there is a meeting of the parties’ minds. Contract is unenforceable. d. the contract is perfected for P20. a. by intimidation. a. c. D promises to pay C P10. No. 2 is false b. as written. When the things. An “invitation to bid”. In letter (b). Voidable d. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The contract is valid because the cause is always presumed to exist. if X increases his bid for P20. he will be considered as the highest bidder and the contract is perfected c. c. are legally in the possession of third persons who acted in good faith. This is a continuing offer which is very certain C The advertiser is not bound to accept the higher bidder 48. Example No. When negotiations are in progress d. the contract is perfected c. When he demands rescission can return whatever he may be obliged to restore. No. An agreement that by its terms is not to be performed within a year from the making thereof. An agreement made in consideration of marriage. No. bidder P15. 1 is true. 000 on September 15. 000 d. The contract is not binding because the party is incapacitated c. An offer made through an agent b. 57. Within four years from February 10. If there is no more offer made. Rescission of contract can take place in this case: a. Within three years from the time of the fraud b. X entered into a contract with Y. The contract is voidable because there was intimidation. The contract is voidable because one party is insane b. other than a mutual promise to marry. Contract is valid. 1: The husband. On February 10. Within four years from the time A entered into the contract d. An agreement in restraint of trade. The offer is speculative. 58. 2: In the above example. When the contract is fully executed b. a. The contract is valid because cause is not essential to a contract d. 2014. b. Decide. There is already a meeting of minds. The contract is not binding because there is no meeting of minds d. b. because it cannot be considered as against another offer which is certain b. No. 1 is false. Unenforceable b. In the preceding question. Both are true c. a. When the party seeking resolution can perform only as to part and rescind as to remainder. 000. Perfectly valid c. Advertisement for bidders d. with regards to the sale of a piece of land to him belonging to the wife for P1 million. if another bidder. .P a g e |3 47. the contract is perfected on the offer of B because he will be considered as the highest bidder b. All of the above 51. d. When the parties come to an agreement c. 55. Which of the following constitutes a definite offer? a. There is no meeting of minds between the parties. Which of the following contracts is required to be in writing to be enforceable? a. 2015. The consideration received by D is not stated in the contract. 2015 c. S makes an offer to B on January 1. a. The contract is void because the cause is not stated. b. 000 if the bid of any other offerrors or bidders shall be considered the best terms of amount and conditions. In a contract. which are the object of the contract. default or miscarriage of another. The stage of “conception” of a contract is: a. the right of the wife is to go to court and file a motion for annulment within four (4) years from the time intimidation ceased. 2 is true 52. The contract is valid so long as it in writing c. B called C by the telephone to guaranty the debt of D to C. 74. the clerk of L. No. Simple obligation 72. undue influence. The contract is valid because the defamatory matter to be published does not relate to B. a. d. T. Onerous and Gratuitous b.1: The interpretation of obscure words or stipulation in a contract shall not favor the party who caused the obscurity. The contract is voidable because such publication when carried out whether true or not will cause serious harm to B and his wife c. Both are false d. Rescissible b. S would publish defamatory matter concerning B’s wife. the document made was that of sale instead of lease. Contract is void. No. typed the document. d. Delivery of the object in contract of pledge d. Both creditor and debtor b. S entered into a contract with B by threatening B that if B does not agree to make the contract. It is imprescriptible as a defense 66. Those which are absolutely simulated or fictitious. 2 is false b. No. An obligation which cannot be enforced by court action. Void contract d. Contracting parties c.1 is false. Both are true c. Statement No. Contract that is made for a valuable consideration is: a. All of them 64. Rescissible b. 2 is true 69. Due to T’s negligence. Void 61. Subject to ratification b. No. it cannot be instituted except when there is no other legal means to obtain reparation for damages suffered. Those where one of the parties is incapable of giving consent to a contract b. 2 is false b. Contract not to be performed within a year from the making thereof d. S sold his car to B. No. All of them 73. Contract which has no effect at all and cannot be ratified is a/an: a. error or mistake. Contracts that cannot be sued upon unless ratified: a. a third person. Unenforceable c. Which of the following contracts is rescissible? a. 2: The action for rescission is subsidiary. Parties may go to court for interpretation c. but which is binding on the party who makes it in conscience and according to natural justice is called a. Onerous c. Natural obligation d. Voidable d. No.P a g e |4 59. Debtor d. Those which are entered into by guardians whenever the wards whom they represent suffer a lesion of more than ¼ of the value of the object of the contract. Gratuitous d. force or violence. The contract is unenforceable but B is entitled to damages the moment the publication is made. 2: Gross inadequacy of the price does not affect the validity of contracts unless it can be shown that there was fraud. Statement No. a. Heirs b.This contract is: a. 60. 2 is true 67. Voidable c. Those where both parties are incapable of giving consent to a contract c. All of the above . Who is liable for the loss of subject matter by fortuitous event? a. No. a. Implied warranty b. L entered into a contract of lease with X. Statement No. Assigns or Assign d. Rescissible 70.1: If the cause is not stated in the contract it is presumed that it is unlawful. Unenforceable d. Oral contract of loan when the amount involved is less than P500 c. Voidable d. or threat or intimidation attending the execution thereof. Civil obligation c. None of them 63. Payment of interest in a loan c. a. b. Action or defense for nullity is subject to prescription d. Both are false d. the contracting party. Aleatory 62. Statement No. Unenforceable b. Unenforceable c. Void c. Creditor c. An incidental element of a contract a. Pure obligation b. All of the above. Both are true c. The contract between B and C is: a.1 is true. 68. Remedy is reformation 65. They exist c. Which of the following can be considered as feature of the void contract? a. No. Parties may enforce their right because it is enforceable d.1 is false. These persons are bound by contracts: a. Partially executed b. The remedy is annulment b.1 is true. Voidable b. Because of the intimidation employed by X. Annullable 71. Statute of Frauds is applicable to a. C may ask S to declare the contract voided d. 83. Which of the following is correct as remedy? a. intimidation.2: One can ask for the annulment of a contract based on dolo incidente. Those whose object is outside the commerce of men 84.1: Ratification of voidable contract is necessary for its validity. Example 2 – S sold to B orally his specific land. S refused to deliver the radio although B was willing to pay. B wanted to have the sale registered. is a valid stipulation. ratification cleanses the defects. b. oral contract is enforceable. In here B may compel S to execute the needed public instrument. Both examples are true. No. a. violence. None of the above 78. Statement No. Void or Inexistence Contract d. No. Those where both parties are incapable of giving consent to a contract. B may compel S to execute the needed public instrument. At the end of the two-year period. in turn paid the purchase price therefore. Both examples are false c. No. but registration requires a public instrument. a. There is no contract. In the preceding number. Which of the following contracts is voidable? a. 2 is true 76. 1: A stipulation in a contract of lease. The contract shall be reformed because there was mistake b. No. Both are true c. 2 is false b. No Statue of Frauds because the price is less than P500. No. 79. No. 000. It turned out however. No. This kind of defective contract refers to that contract which is validly agreed upon because all the essential elements exits. 1: A threat to enforce one’s claim through competent authority. Statement No. Valid until annulled unless there has been ratification a. S may ask C to declare the contract avoided d.1 is true. Both are false d. Lease of car for 18 months d. a. No. it appears S sold his motor vehicle to B and B bought it for P10. b. C may ask for the annulment of the contract. S has three motor vehicles. Lease of land for 12 months c. he wants to register the land in his name but he needed a public instrument of sale. Both are false d. B can compel S to deliver because B is willing to pay the price. if the claim is just or legal does not vitiate consent. and a Jeep valued P60. 2: The seller sold to a minor some necessaries in the amount of P600. S and B orally agree that S would sell and B wound buy S’s radio for P400. d. two years from the date of the agreement. 2 is true 81. In three of the following defective contracts. Both are false d. Inexistence contract d. Contracts agreed into a state of drunkenness or during a hypnotic spell are binding.1 is false. No. Gallant valued P80. Statement No. Only 2 is true b. Voidable contract b. The parties can ask for annulment of the contract d. but courts can nullify it when there is damage or prejudice to one of the parties or to a third person. Both are true c. C may ask for rescission of the contract b. a. Only 1 is true d. 86. In a contract of sale executed by S and B. The contract is unenforceable. c. Rescissible contract c. therefore unenforceable. undue influence or fraud d. a. C a creditor of X is prejudiced by the contract. The parties can ask for interpretation because the word Motor vehicle is ambiguous. In here. 2 is true 85. After B paid S the price of the sale. a.1 is false. Contracts entered into by a person who has been given no authority 77. 000. No. 000. Both parties are incapable of giving consent b. C may ask for the annulment of the contract. None of a and b . S may ask for annulment of the contract b. 80. Voidable contract c. c. Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due to them. Later.P a g e |5 75. Unenforceable Contract 87. Both of a and b b. Sale of piece of land thru an agent the authority is oral d. 2 is false b. S may ask for rescission of the contract c. Sale of immovable property or interest orally entered into c. No. 82. which provides that the tenant shall have the right to continue in possession of the leased premises so long as he pays monthly rentals thereon. 2 is false b. c.1 is true. Those where the consent is vitiated by mistake. 000: Hi-Ace van valued P70. Example 1 – S sold to B in private instrument his land. Statement No. Statement No. C may ask for the reformation c. No. The goods were delivered to the minor who.1 is true.2: Contracts entered into during a lucid interval are valid. The contract falls under the Statue of Frauds. what can C do? a. 000.1 is false. Must be in writing to be enforceable: a. Its enforcement would cause injustice by reason of some external facts. Rescissible Contract b. Both are true c. Which is the exception? a. What can S do? a. S was forced by X to sign a contract with B for the sale of specific property for P10. Statement No. The object is movable. d. All of the above 98. B. No. Unenforceable b. Voidable . 000 to B. Both are true c. A contract entered into in violation of right of first refusal is: a. a. 2: A contract involving fraud (dolo incidente) is voidable. may. One of the parties in a contract is incapable of giving consent d. No. but are susceptible of ratification. Contracts where the cause is immoral b. D forced C to lend him P10. 000 with the approval of the court. Rescissible Contracts b. S sold the painting to B for P1. c. 1: An agreement which. The guardian of an insane person sells a house and a lot belonging to the latter valued at P100. Valid d. Rescissible e. None of the above c. Both are false d. Statement No. 000. by means of fraud induced S to sell his property to him (B) for P10.1 is true. Mutual promise to marry entered into orally b.1 is false. Which is the exception? a. The contract remains unenforceable because it falls under the Statue of Frauds. Both are true c. Void d. 2 is false b. No. 89. 2 is true 93. The contract is: a.1 is true. Unenforceable Contracts d. Sale of immovable property thru an agent 96. No. raped W twice. Capacitated. After the sale it was discovered that the painting was valuable and worth P5. 000. is to be performed within a year from the making thereof is unenforceable even if entered into orally. The marriage may be annulled on the ground of threat or intimidation c. There was no defect. Stipulation por autrui d. a. S owns an oil painting. Both are false d. be ratified d. S may rescind the contract on ground of lesion or inadequacy of cause b. No. The promissory note is in writing. Counter-offer 101. No. No. both contracts are considered void. A conferment of a direct benefit in a contract between two persons in favor of a third person who must accept such benefit before the same is withdrawn is known as: a. 000. a. Void b. Which statement is correct? a. a minor. 2 is true 100. donation propter nuptias b. a bachelor lawyer. No. The defective marriage. 2 is false b. No. Statement No. Three of the following are void contracts.2: If a valid contract is novated to a void contract. however. Contract with a false cause is a. 000 which S did so. 2 is true 99. B is entitled to the benefit of the contract because it is valid and binding 92. Both are true c. Void c.2: Accidental elements of a contract are those agreed upon by the parties.P a g e |6 88. Sale of immovable property orally entered into c. Both are false d. a. Statement No. Policitacion c. and cannot exist without being stipulated. Absolutely simulated contracts 97. Rescissible d. by its terms and conditions.1 is false.1: The action for annulment on the ground of fraud shall be brought within 4 years from the time of the perfection of contract. Contracts to prevent a known supporter of a political rival from voting for his candidate for a valuable consideration c. Voidable contracts c. Which of the following contract is not valid? a. a. Unenforceable 90. S may annul the contract on the ground of error d. owns a specific property valued P50. buyer for P74. Contracts with a valid consideration but with unlawful motives d. Void Contracts 94. Voidable c. The contract is void c. Being in need of money. The contract is void. C cannot demand payment from D because the contract is unenforceable d. 2 is false b.1 is false. Contract remains to be valid 95. Statement No. Upon learning this.1 is true. “F” the father of W. The contract is in writing.1: Advertisements for bidders are simply invitations to make proposals. No. a. S. was able to force A to marry W under pain of being sued in court and debarred from the practice of his law profession. Voidable e. the marriage was perfectly valid 91. The contract is rescissible because the ward suffered lesion by more then one-fourth of the value. The contract is binding from the start b. a. unless the contrary appears. S may rescind the contract on ground of fraud c. No. Statement No. No. Unenforceable b. Statement No. The contract is rescissible because the contract is fraudulent b. A. Type of defective contract that creates no rights and impose no obligation. and the advertiser is not bound to accept the highest or lowest bidder. The marriage may be annulled on the ground of force or violence b. 000. sold his house valued at P1 M for P50. Representation as to the credit of a third person c. while No. Expedition b. No. a. Both contracts are binding 111. Voidable d. No. d. c. X is entitled to the bonus whether the discharge is with or without cause. Relative when: a. X. Example No. d. Cause d. 105. Rescissible c. Lease of car for 2 years b. a. c. After a year. a. Parties not bound at all b. 1st is voidable. The stipulation is void because it is contrary to public policy. The offeror need not know the acceptance by the offeree is the theory of: a. Example No.1 is true. terms and conditions such as this one. One of the stipulations contained in the contract between M Company and its employees is that the company shall pay a bonus to employees of the company who shall continue its employment for at least 2 consecutive years. Both are true c. B or C 109.2: Innominate contracts are exclusively regulated by the stipulations of the parties. The parties conceal their true agreement d. The right to raise defense of illegality cannot be waived d. 2 is true 112.A intimidated B to marry his daughter. Which of the following contract is enforceable even if not reduced in writing.2. The contracts are: a. 110. 1 is rescissible. Which of the following instruments is not subject to reformation? a. No. All of the above 107. No. Essential requisites of a contract: a. X is entitled to the bonus because the debtor company has voluntarily prevented the happening of the condition. No.1 is false. The marriage contract is a. except one.A sold his land orally to B. The defense of illegality of the contract is available to third person whose interests are not directlty affected b. while 2nd is unenforceable d. b.1. 2 is false b. The stipulation is unenforceable as there was no showing that the sale as done in writing d.2 is unenforceable c. Lease of immovable for a period longer than one year. without which the latter would not have entered into the contract. Both are false d.1: Validable contracts can be voided within the period allowed by law. The action or defense for declaration of their nullity or inexistence of the contract does not prescribe 103. The following. Subject b. Both contracts are unenforceable b.P a g e |7 102. with a stipulation that B2 Corporation should not thereafter engage in any business in the Philippines unless consented to and approved by B1 Company.2: There is undue influence if insidious words or machinations were employed by a party on the other just to obtain the latter’s consent.Absolute or relative. unless he quits or is discharged before the expiration of the period of 2 years. Both are true c. because the employer’s right to terminate is superior than the right of the employee to be employed. No. 2 is true 113. are the characteristics of void or inexistent contract. Consent c. X is not entitled to the bonus. Statement No. Which is the exception a. When the real agreement is void d.1:Pledge is an example of a formal contract Statement No.1 is false. . b.W 16 years old. Cognition c. Both are false d. No. Simple donations inter vivos wherein no condition imposed b. Statement No. an employee of the company was discharged without just cause one week before the completion of the two-year period: a. The stipulation is valid because the parties are free to enter into any stipulation. 2 is false b. X is not entitled to the bonus because his discharge was in accordance with the contract. They are not subject to ratification c. The contract is void c. a. Simulation of Contract . Manifestation d. Unenforceable 104. Agreement for the sale of immovable property. B would like to file an action for annulment but could not do so because A was around to intimidate him. Void b. All of them 108. No. None of the above 106. B1 Company bought out a competitor. Wills c.1 is true. B2 Corporation. 000 or a lesion by more than one-fourth of the value of the said house. The stipulation is defective but subject to ratification. No. Statement No. Both are false d. partnership and sale are example of preparatory & counsensual contracts a.P a g e |8 114. 1st S. All are void contracts except: a. Many people focus on the one thing they want and then forget to be grateful for all the things they have. Agency.1 is true. because if you are not emanating gratitude from your being. Both are true c. b.1 is false. Those with unlawful consideration. 2 is false b.” -The Secrets by Rhonda Byrne . then by default you are emanating ungratefulness. ---END--“It is so important that you are grateful for everything in your life. c. Those which contemplate an impossible service. Those which are relatively simulated or fictitious. Place and modes of payment are example of natural elements 2nd S. No. Be proactive and use the frequency of your being to receive what you want. Without gratitude you cannot achieve anything through the law of attraction. No. d. Those whose object is outside the commerce of men. 2 is true 115. No. No.