OBLIGATIONS AND CONTRACTS6. Multiple Choice Questions in Obligations and Contracts 1. 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. a. b. c. d. 2. Agreement Vinculum juris Contracts Quasi-Contracts 3. a. b. c. 7. This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake. a. b. c. d. a. b. Solutio Indebiti Negotiorum Gestio Vinculum juris Prestation c. d. 8. Negligence Mora solvendi Mora accipiendi Compensatio morae Demand is not necessary to incur delay when: a. b. c. d. 5. If the account is personal The debtor's acts are fraudulent The debtor has performed an act subsequent to the contract, giving advantage to other persons d. Creditor must have the right of return against debtor In Accion Pauliana Rescission, which involves the right of the creditor to attack or impugn by means of rescissory action any act of the debtor which is in fraud and to the prejudice of his rights as creditor provided: This happened when the creditor make a demand and the obligor fails to deliver the thing. a. b. c. d. 4. In Accion subrogatoria the creditor may exercise all of the rights and bring all of the actions which the debtor may have against third persons if: Creditor refuses the performance without just cause. The debtor is guilty of nonperformance. Time is the controlling motive If the obligation bears interest In what instance may we consider that there is no delay? a. b. c. d. In civil obligations In positive obligation In obligation arising from crime In natural obligation It causes the extinguishment or loss of rights already acquired upon the fulfillment of the condition, that is, the happening of the event which constitutes the condition. In other words, the fulfillment of which will extinguish an obligation (or right) already existing. a. b. c. d. 9. The debt is due and demandable There is a failure of the debtor to collect his own debt from 3rd persons either through malice or negligence The debtor's assets are insufficient The debtor has performed an act subsequent to the contract, giving advantage to other persons Condition subsequent Suspensive facultative condition positive condition When the thing deteriorates with the debtor’s fault, the creditor may choose one of the following: a. b. c. Mutual restitution Rescission (cancellation) of the obligation with indemnity for damages Suffer the deterioration of the thing the obligation is: ANSWER: B a. Institute an action for negligence. When the characters of the creditor and the debtor are merged in one and the same person. There ANSWER: D is: a. b. Unenforceable 6. d. c. Rescissible ANSWER: B c. a. 1. It is a future and certain event upon the arrival of which the obligation (or right) subject to it either arises or is terminated. With a Period able to induce B to enter into a contract which without them B would not have agreed to it. Contracts which cannot be sued upon unless b. Remission means permit him to do so. thus it is as if they have no effect yet are: c. Pure c. Resolutory Condition a. Fraud ratified. Unenforceable b. If the obligation of the debtor is "I will pay a. "A sells to B his lot and house in the city if A ANSWER: D decides to transfer and live in the countryside" is an example of: 3. Misrepresentation a. 10. With a Period c. Casual Condition d. Void d. Compensation b. Undue Influence 2." this b. Mistake d. Simple 5. Potestative Condition is c. Conditional ANSWER: B . Void d. Voidable b. Novation d. Fortuitous events Condition Period Date and time II. Through insidious words or machinations. When the debtor binds himself to pay when his ANSWER: D 4.d. there is extinguishment of the obligation by: a. A was d. Merger of Rights c. Conditional b. Mixed Condition you my debt after I have arrived from abroad. Suspensive d. Unenforceable 9. Confusion 1.7. ratified. With a Period c. b. Compensation d. Conditional ANSWER: D 10. b. Conditional c. The parties come to an agreement. Voidable ANSWER: B b. a. If the obligation of the debtor is "I will pay you my debt after I have arrived from abroad. Compensation . 2. When the characters of the creditor and the a. Reformation means permit him to do so. Void d. There is meeting of the minds. Contracts entered into in a state of drunkenness or during a hypnotic spell are: 4. Void ANSWER: B d. The contract is perfected. thus it is as if they have no effect yet are: d. With a Term b. Pure ANSWER: C c. Conditional b. Valid there is extinguishment of the obligation by: c. Voidable d. this obligation is: a. Novation a. III. A contract is in the stage of conception when: ANSWER: D a. If the obligor binds himself to perform his obligation as soon as "he shall have obtained a ANSWER: D loan" from a certain bank. With a Period 8. When the debtor binds himself to pay when his b. a. Negotiations are in progress. Resolutory 3." this is a. Simple d. Void debtor are merged in one and the same person. Legal a. It is a mode of extinguishing an obligation when two persons in their own right are creditors of each ANSWER: C other. Contracts which cannot be sued upon unless c. Unenforceable b. the obligation is: c. Rescissible c. Fraud c. Reformation d. c. Suspensive ANSWER: B d. Remission a. 5. Valid d. Confusion c. Novation 8. Legal ANSWER: B ANSWER: C 7. Conditional c. Potestative Condition a. Mistake a. The contract is perfected. There is: 9. Undue Influence loan" from a certain bank. Which of the following statements is false? of . The parties come to an agreement. Void c. Mora accipiende ex persona c. Mora solvendi ex re b. With a Term d. Through insidious words or machinations. Mora solvendi ex persona a. Merger of Rights c. It is a mode of extinguishing an obligation 11. Delay in the giving or delivering of a thing when two persons in their own right are creditors of each other. A was able to induce B to enter into a contract ANSWER: B which without them B would not have agreed to it. Compensation d. this obligation is: b. A contract is in the stage of conception when: d. d. If the obligor binds himself to perform his obligation as soon as "he shall have obtained a a. Mixed Condition b. Novation ANSWER: C ANSWER: A 12.b. There is meeting of the minds. Negotiations are in progress. ANSWER: B b. Casual Condition b. a. Contracts entered into in a state drunkenness or during a hypnotic spell are: a. Resolutory ANSWER: B 6. "A sells to B his lot and house in the city if A decides to transfer and live in the countryside" is an example of: 10. Voidable d. Mora accipiende ex re b. Resolutory Condition c. Misrepresentation b. Oral contract of partnership where real estate contract is legally in the possession of a third is contributed as capital person who acted in bad faith d. is essential ANSWER: A a. Three of the following contracts are void. When the instrument does not express the true intention of the parties due to mistake a. Contract of sale between husband and wife d. Those whose object is outside the commerce d. b. Contract of sale between two insane persons ANSWER: A c. An instrument may be reformed d ANSWER: B a. That whose object did not exist at the time of ANSWER: C transaction c. When the seller cannot return the installments shall be deemed divisible. ANSWER: B c. Written contract contemplating impossible services a. Void b. When the thing which is the object of the c. When the real agreement is void of men b. Voidable c. This contract is without effect unless ratified: b. Rescission of contract can take place in this cash case b. When the party seeking resolution can perform a.000 in 15. Simple donations inter vivos wherein no condition is imposed 14. Rescissible 13. paid to him by the buyer b. Obligations to give definite things and those only as to part and as to remainder that are not susceptible of partial performance d. Execution of a certain number of days of work shall be divisible. Marriage between first degree cousins d. Which of the following contracts is not void ab b. Unenforceable a. Accomplishment of work by metrical units are divisible d. Which one is not? ANSWER: D a. A defective contract where damage or lesion annual installments is divisible. An obligation to pay a certain amount in ten 16. Oral contract of partnership of three partners and capital contribution is more than P3. Agent's authority to sell land is given orally. When he who demands rescission can return whatever he may be obliged to restore ANSWER: A . Donation between husband and wife 17. Wills initio? c.c. That which contemplates an impossible service d. That which is undertaken in fraud of creditors 18. In a simple. if what was delivered to the buyer is more than what he paid for. They might not be well versed. why do we have to fulfill our obligations. each of them will not just rescind or refuse to comply. Then. that is. That is because he knows no one should be enriched at the expense of another. There is subrogation d. yet they apply these simple principles of law unconsciously. hence. . unknowingly. Even without knowledge of law. Like. isn't? If the money given is more than the price of the pandesal. in return. the buyer will offer to buy and the seller will accept. for example. but very common. When a third person assumes the payment of the obligation even without the knowledge and consent of the debtor but with the consent of the creditor a. it is necessary to faithfully fulfill one's obligation. Thus. or even. the seller will give the change. we apply it unknowingly. There are two or more persons who are creditor or debtors of each other. have not had any formal education. There is delegation if debtor is released c. he has the obligation to return what is not due him. will hand over the pandesal.19. Hence. A clear example of reciprocal obligations. they will go on to consummate the same. and their minds have met. after the perfection of the contract of sell. There are two or more debts of the same kind d. that is to achieving order between the parties to the contract. creating an implied obligation to return. There is expromission if debtor is released ANSWER: D 20. Debts to be compensated are due and demandable b. buying a piece of pandesal. Question: How do you apply the laws on obligations and contracts to everyday activities and business dealings? Answer: We apply laws on obligations and contracts unconsciously to our daily activities. Likewise. the parties are not aware that they are applying the basic principles of law on obligations and contracts. once the seller and buyer agrees to the object and price. Which of the following is not an element of legal compensation? a. transaction. but instinctively. At this point. ANSWER: B Question: Why is it important that obligation in contractsbe faithfully fulfiiled?? Answer: Laws are enacted to have order (or require the performance of a particular action to achieve the same) Since the terms and conditions of a contract are considered the governing laws between parties. The buyer will hand the money and the seller. depending on one's value. he will return the same under the same principle. one will not just back out from the perfected sale. If you ask: how we apply laws on obligations and contracts on our daily activities. There is novation b. There is controversy or adverse claim over any debts to be compensated c. One will not notice that in performing a simple common task you have applied several principles on obligations and contracts. to avoid the occurrence of dispute.
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