Test 2

1. It is a juridical necessity to give, to do, or not to do.

a. Contract

b. Obligation

c. Law

d. Crime

2. The following are elements of obligations, except

a. Active Subject

b. Passive Subject

c. Presentation

d. Juridical tie

3. Which is generally not required to make an obligation binding?

a. Form

b. Determinability

c. Legality

d. Possibility

4. A source of obligation that arise from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another.

a. Law

b. Contracts

c. Quasi-contracts

d. Quasi-delicts

5. Low owed Obi the sum of P5,000.00. By mistake, Low paid P6,000.00. This is an example of

a. Solutio Indebiti

b. Negotiorum Ingestio

c. Negotiorum Gestio

d. Delicts

6. It is the omission of that diligence which is required by the nature of the obligation.

a. Delay

b. Mistake

c. Negligence

d. None of the above

7. The duties of the debtor in obligation to give a determinate thing are, except one

a. To preserve or take care of the thing due

b. To deliver the fruits of the thing

c. To deliver its accessions and accessories

d. To deliver not the thing itself

8. Statement 1: Mora accipiendi or the delay on the part of the debtor to fulfill his obligation (to give or to do) by reason of a cause imputable to him.

Statement 2: Compensatio morae or the delay of the obligors in reciprocal obligations, the delay of the obligor cancels the delay of the obligee, and vice versa.

a. True, True

b. True, False

c. False, False

d. False, True

9. Obi entered into a contract of sale with Con to deliver a specific cow on a certain day and the cow died through the negligence of Obi before delivery, Obi is liable for damages to Con for having failed to fulfill a pre-existing obligation because of his negligence. 

a. Culpa

b. Culpa Aquiliana

c. Culpa Contractual

d. Culpa Criminal

10. To constitute a fortuitous event, it is essential that

a. The event must be dependent of the human will or at least of the obligor’s will

b. The event could not be foreseen, or if it could be foreseen, must have been impossible to avoid

c. The event must be possible for the obligor to comply with his obligation in a normal manner

d. None of the above

11. A person is not, as a rule, responsible for loss or damage resulting from fortuitous events. In other words, his obligation is extinguished, except

a. When expressly specified by law

b. When declared by stipulation

c. Both a and b

d. There is no exception

12. It is contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, chattels, or credits.

a. Delay

b. Usury

c. Accessories

d. Accessions

13. Statement 1: Pure obligation is one which is subject to any condition and no specific date is mentioned for its    fulfillment and is, therefore, immediately demandable.

Statement 2: Conditional obligation is one whose consequences are not subject in one way or another to the fulfillment of a condition.

a. True, True

b. True, False

c. False, False

d. False, True

14. Which statement is true

a. If the suspensive condition is fulfilled, the obligation arises, while if it is the resolutory condition that is fulfilled, the obligation is extinguished

b. If the suspensive condition is fulfilled, the obligation extinguished, while if it is the resolutory condition that is fulfilled, the obligation is arises

c. If the suspensive condition does not take place, the tie of law (juridical or legal tie) does appear, while if it is the resolutory condition, the tie of law is consolidated. 

d. If the suspensive condition does not take place, the tie of law (juridical or legal tie) does not appear, while if it is the resolutory condition, the tie of law is not consolidated.

15. This obligation is characterized by being immediately due and by lack of burden of time or condition.

a. Pure obligation

b. Conditional obligation

c. Joint obligation

d. Solidary obligation

15. This obligation is characterized by being immediately due and by lack of burden of time or condition.

a. Pure obligation

b. Conditional obligation

c. Joint obligation

d. Solidary obligation

16. Rio obliged himself to give Mia his car worth P150,000.00 if Mia sells Rio’s property. The car was lost without the fault of Rio.

a. The obligation is extinguished and Rio is not liable to Mia even if Mia sells the property. A person, as a general rule, is not liable for a fortuitous event.

b. The obligation is not extinguished and Rio is still liable to Mia.

c. The obligation is not extinguished and Rio is still liable to Mia even if Mia sells the property.

d. None of the above

17. A debtor is liable for the whole obligation although he has other co-debtors.

a. Pure obligation

b. Conditional obligation

c. Joint obligation

d. Solidary obligation

18. “I will support you from the time your father dies.” This is an example of

a. Period

b. Term

c. Suspensive period

d. Resolutory period

19.  The debtor shall lose every right to make use of the period when

a. after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or security for the debt

b. he does not furnish to the creditor the guaranties or securities which he has promised

c. the debtor violates any undertaking, in consideration of which the creditor agreed to the period

d. All of the above

20. This obligation gives the obligor an option to perform only one of several prestations.

a. Simple obligation

b. Alternative obligation

c. Facultative obligation

d. Obligation with a penalty

21. Which is an example of alternative obligation?

a. Dona borrowed from Cora P15,000. It was agreed that Dona could comply with his obligation by giving Cora P15,000, and a color television set, and by painting the house of Cora.

b. Dona borrowed from Cora P15,000. It was agreed that Dona could comply with his obligation by giving Cora P15,000, or a color television set, or by painting the house of Cora.

c. Dona borrowed from Cora P15,000. It was agreed that Dona could comply with his obligation by giving Cora P15,000 or a color television as a substitute.

d. None, all are facultative obligations

22. Statement 1: Alternative obligation, several prestations are due but compliance with one is sufficient, while in Facultative obligations, only one prestation is due although the debtor is allowed to substitute another.

Statement 2: Facultative obligation, several prestations are due but compliance with one is sufficient, while in Alternative obligations, only one prestation is due although the debtor is allowed to substitute another.

a. True, True

b. True, False

c. False, False

d. False, True

23. Statement 1: A divisible obligation is one the object of which, in its delivery or performance, is capable of partial fulfillment.

Statement 2: An indivisible obligation is one the object of which, in its delivery or performance, is not capable of partial fulfillment.

a. True, True

b. True, False

c. False, False

d. False, True

24. Which statement is true?

a. Principal obligation is one which can stand by itself and does not depend for its validity and existence upon another obligation.

b. Accessory obligation is one which is attached to a principal obligation and, therefore, cannot stand alone.

c. Penal clause is an accessory undertaking attached to an obligation to assume greater liability on the part of the obligor in case of breach of the obligation.

d. All statements are true

25. Obligations are extinguished by, except:

a. payment or performance

b. the loss of the thing due

c. violation

d. novation

26. Aryan bound himself to pay Kish P12,000.00. Aryan is giving only P9,000.00. 

a. Kish can refuse to accept P9,000.00 because the fulfillment is not complete.

b. Kish cannot refuse to accept P9,000.00 because the fulfillment is partially complete.

c. Kish shall accept P9,000.00 even if fulfillment is not complete.

d. Kish can demand another P12,000.00.

27. Sheena borrowed from Alex P4,000.00. Dan is the guarantor. Without the knowledge or consent of Sheena, Dali paid Alex P4,000.00. In relation to subrogation and reimbursement,

a. Dali can claim reimbursement from Sheena for the whole amount of P4,000.00 inasmuch as Sheena was benefited up to that amount.

b. If Sheena cannot pay Dali, the latter cannot proceed against Dan, the guarantor (even if Alex is willing because, having paid without the consent of Sheena, Dali is not entitled to subrogation.

c. Dali cannot claim reimbursement from Sheena for the whole amount of P4,000.00.

d. Both a and b

28. Application of payments is the designation of the debt to which should be applied the payment made by a debtor who has various debts of the same kind in favor of one and the same creditor. The requisites are, except

a. There must be one debtor and one creditor

b. There must be two or more debts

c. The debts to which payment made by the debtor has been applied must be due

d. The payment made must be sufficient to cover all the debts

29. It is another special form of payment. It is the assignment or abandonment of all the properties of the debtor for the benefit of his creditors in order that the latter may sell the same and apply the proceeds thereof to the satisfaction of their credits.

a. Application of Payments

b. Payment by Cession

c. Tender of Payment and Consignation

d. Dation in Payment

30. Sam promised to deliver 120 cavans of rice to Beth. The 120 cavans of rice which Sam intended to deliver were lost in a flood. In accordance with Article 1263, is Sam still liable to Beth?

a. Yes, Sam is still liable to Beth because his obligation is to deliver a generic thing, and it can still be paid from other sources.

b. Yes, Sam is still liable to Beth because his obligation is to deliver a generic thing, but it cannot be paid from other sources

c. No, Sam is not liable to Beth because of fortuitous event

d. No, Sam is not liable to Beth because he does not have any cavans of rice

31. Article 1278, ________ shall take place when two persons, in their own right, are creditors and debtors of each other.

a. Salary

b. Compensation

c. Confusion or Merger of Rights

d. Condonation

32. Statement 1: Obligation is the legal tie or relation itself that exists after a contract has been entered into.

Statement 2: Contract is one of the sources of obligations.

Statement 3: There can be no contract if there is no obligation. But an obligation may exist without a contract.

a. All Statements are true

b. All Statements are false

c. Only Statement 1 and 2 are true

d. Only Statement 3 are true

33. Classes of elements of a contract are, except

a. Essential elements

b. Natural elements

c. Accidental elements

d. Physical elements

34. Which is an example of an offer?

a. “Will you buy this phone for P9,000.00?”

b. “I am willing to consider the sale of my land to you for P110,000.00.’’ 

c. “I am willing to buy your house.” 

d. “I am willing to sell my house”

35. It is the manifestation by the offeree of his assent to the terms of the offer.

a. Consent

b. Offer 

c. Acceptance

d. Option

36. Aside from incapacity and simulation of contract, the following are the causes that vitiate consent or render it defective so as to make the contract voidable, 

a. It is intelligent

b. Intimidation or threat or duress

c. It is conscious or spontaneous

d. None

37. On August 1, Sam offered to sell a specific generator set to Beck for P300,000. Beck sent his letter of acceptance to Sam on August 8. On August 10, however, Sam became insolvent. On August 12, Sam received the letter of acceptance. Was the contract perfected?

a. Yes, the contract was perfected

b. The contract was perfected despite of the insolvency of Sam occurred before he came to learn of the acceptance of his offer.

c. The contract was not perfected because the insolvency of Sam occurred before he came to learn of the acceptance of his offer. It is well settled rule that an offer becomes ineffective upon the insolvency of either party before acceptance is conveyed.

d. Some other answer

38. Sia and Bor orally entered into a contract whereby Sia sold his one-year production of mangoes to Bor for P80,000. Bor gave a downpayment of P20,000 for which Sia issued a receipt. What is the status of the contract between Sia and Bor?

a. The contract is valid. Future things may be the object of contracts.

b. The contract is not valid because Bor gave a downpayment of P20,000 only

c. Either a or b

d. Neither a nor b

39. There is no effective consent in law without the capacity to give such capacity. Those who are incapacitated to give consent under Article 1327 is

a. Unemancipated minors

b. Insane or demented persons

c. Deaf-mutes

d. All are incapacitated to give consent

40. Fred promised to give P20,000 by way of support to Micah, if Micah agrees to live with Fred as his wife without the benefit of marriage. Micah because she truly loves Fred accepted his promise. After 6 months, because Micah was seen with Eros, her ex-boyfriend, Fred left their home and never came back. Can Micah now still receive the support promised by Fred?

a. Yes, Micah can still receive the support promised by Fred

b. Yes, promised is a promise

c. Yes, the contract between Fred and Micah is valid

d. No, the contract between Fred and Micah is illegal and constitutes an offense, therefore it is void.