Test 3

Write your answers on a separate sheet of paper, check your correct answers afterwards.

1. Void contracts:

a. Can be ratified to be valid, but prescription will never confer validity

b. Can prescribed to be valid, but ratification will never confer validity 

c. Cannot be ratified and cannot be prescribed to be valid

d. Can be ratified and can prescribed to be valid

2. Which of the following is a void contract?

a. Absolutely simulated contracts

b. Relatively simulated contracts

c. Both relatively simulated contracts and absolutely simulated contracts

d. None of the above

3. Which of the following will generally not vitiate consent?

a. Violence

b. Mistake of law

c. Intimidation

d. Negligence

4. Statement 1: A stipulation of pactum commissorium in a contract is valid.

Statement 2: A loan contract without and stipulation as to interest is void.

a. Only statement 1 is true

b. Only statement 2 is true

c. Both statements are true

d. Both statements are false

5. Which of the following is a solemn contract?

a. Contracts of donation involving real property

b. Contract of guaranty

c. Contract to deliver 500 pieces of wood to a church

d. Contract of sale of twenty kilos of sugar

6. This element of obligation is also known as the vinculum juris of the obligation:

a. Efficient cause c. Active subject

b. Prestation d. Passive subject

7. Which of the following is a negative obligation?

a. An obligation not to sell a fish

b. An obligation to give a dog

c. An obligation to enter into a contract loan

d. An obligation to pay debt

8. Which of the following is not a source of obligation?

a. Law

b. Contracts

c. Quasi-law

d. Quasi-contracts 

9. A debtor, in an obligation to give a specific thing, must take care of the thing with:

a. The diligence of a father of a good family

b. The diligence of a father of a family

c. The diligence of a good father of a family

d. The diligence of a good father of a good family

10. Jarred obliged himself to give an accounting book to Daen. 3 days after, Jarred bought an accounting book from the nearby bookstore with an intention to deliver the book to Daen the next day. However, a thief broke inside Jarred’s home that night and stole the accounting book. Is Jarred’s obligation extinguished?

a. Yes, since the theft is a fortuitous event

b. Yes, since the prestation is a generic thing

c. No, since the prestation is a generic thing

d. No, since the theft is not a fortuitous event

11. Mora accipendi is:

a. Delay on the part of the debtor

b. Delay on the part of the creditor

c. Mutual delay on both the debtor and creditor on separate unilateral obligations

d. Mutual delay on both the debtor and creditor on reciprocal obligations

12. It is a condition dependent solely on the will of one of the parties

a. Suspensive condition

b. Resolutory condition

c. Impossible condition

d. Potestative condition

13. Any waiver of past fraud is:

a. Unenforceable

b. Void

c. Voidable for it shows a vitiation of consent on the part of the party waiving

d. Valid if agreed upon by both the debtor and the creditor

14. Which of the following kinds of subrogation takes place by agreement of the parties?

a. Legal subrogation

b. Conventional Subrogation

c. Negotiated subrogation

d. Correlative subrogation 

15. Can legal subrogation exist without the debtor’s knowledge?

a. No

b. Yes

c. Yes, when a creditor less preferred pays a creditor which is more preferred

d. Yes, when a third person not interested in the obligation pays

16. Kyla, representing herself as agent of Livelyn, entered into a contract of loan with Danica amounting to P2,800,000. As against Livelyn, contract is: 

a. Unenforceble

b. Void

c. Valid

d. Perfectly Valid

17. Which of the following is not a void contract?

a. A contract of sale between spouses

b. A contract to sell illegal drugs

c. A contract to sell a parcel of lot located in the Moon

d. A contract to sell a parcel of land where the stated price is P5,000,000, but in fact, no price was paid

18. Donation of movable should be:

a. In writing 

b. In writing, only if the value of the donated property exceeds P5,000

c. In a public instrument

d. In a public instrument, only if the value of the donated property exceeds P5,000

19. Which of the following instances of fraud would the remedy of reformation be availing?

1. Fraud employed by the party in performing his obligation, i.e., what was supposed to be delivered is 100 sacks of flour but the obligor mixed flour with sand for volume.

2. Fraud employed by the party drafting the contract by inserting provisions in very fine print prior to signing.

a. 1 only

b. 2 only

c. 1 and 2

d. Neither 1 nor 2

20. It is a contract where there is no correlative prestation received by the other party

a. Gratuitous contract

b. Consensual contract

c. Remuneratory contract

d. Special Contract 

21. In an obligation between X and Y, which of the following is a mixed condition?

a. A condition that X will buy a car from B

b. A condition that R will enter Med school

c. A condition that X will marry G on or before November 16, 2025

d. A condition that I will be elected as Treasurer and that M will be elected as Assistant Treasurer

22. Statement 1: A rescissible contract is not a valid contract

Statement 2: A rescissible contract’s defect lies in the vitiation of consent of one of the contracting parties.

a. Only statement 1 is true

b. Both statements are true

c. Only statement 2 is true

d. Both statements are not true 

23. Accion paulina is a remedy availed of by:

a. A ward who suffered lesion

b. A creditor who was defrauded

c. A minor who was defrauded

d. An absentee who suffered lesion

24. Mora solvendi is:

a. Delay on the part of the debtor

b. Delay on the part of the creditor

c. Mutual delay on both the debtor and creditor on separate unilateral obligations

d. Mutual delay on both the debtor and creditor on reciprocal obligations

25. The following are requisites of a valid consent, except

a. It should be intelligent (not subject of a mistake or fraud)

b. It should spontaneous

c. It should be free or voluntary (not subject of undue influence, intimidation or violence)

d. In general, should be vitiated

26. On January 1, the offeror sent the letter-offer, on January 10, offeree received the offer, on January 15, offeree sent an acceptance letter, and on January 28, offeror received the acceptance letter. When was there consent or meeting of the minds?

a. January 1

b. January 10

c. January 15

d. January 28 

27. Upin and Ipin are both minors, and they entered into a written contract of loan for P15,000. What is the status of the contract?

a. Void

b. Voidable

c. Unenforceable

d. Perfectly valid 

28. Which of the following contract is not covered by statute of frauds?

a. A lease of car for a period of 15 months

b. A contract of guaranty

c. A construction of building to be done in 2 years

d. A contract of sale of goods amounting to P800

29. It arises when it arises when there is a voluntary management of the property of another without the knowledge or consent of the latter

a. Solutio indebiti

b. Caso fortuito

c. Negotiorum gestio

d. Consitutum possessoruim 

30. Dolo causante exists:

a. During the time of perfection of the obligation

b. During the performance of pre-existing obligation

c. During the restitution of the parties

d. During the consummation of the obligation

31. Which of the following is a real obligation?

a. An obligation to safekeep real property

b. An obligation to give a grand piano

c. An obligation to construct a building

d. An obligation not to marry until 28 years old

32. Which of the following obligations is compellable by judicial processes?

a. Natural obligation

b. Civil obligation

c. Moral obligation

d. Extinguished obligation 

33. An insurance contract is an example of:

a. Onerous, nominate, and aleatory contract

b. Onerous, nominate, and commutative contract

c. Gratuitous, nominate, and aleatory contract

d. Gratuitous, nominate, and commutative contract

34. Which of the following is a valid contract?

a. A contract to buy 2,000 square meters on the surface of the Moon for P2,000,000

b. A contract whereby one undertakes to pay P3,500,000 if a time travel machine will be available in the future

c. A contract whereby one sells P100,000 his share in the inheritance of one of his parents who has not died yet

d. A contract whereby one sells his spousal rights for two nights for P300,100

35. Which phrase is the most accurate to complete the statement: Deaf-mutes who do not know how to _______ are incapable to give consent

a. Read

b. Write

c. Read or write

d. Read and write 

36. When availing the remedy of reformation:

a. The aggrieved party wants the contract to be annulled

b. The aggrieved party wants the other party to re-enter into negotiations

c. The aggrieved party wants to enforce the contract in accordance with their agreement

d. The aggrieved party wants to cure the defect in the consent of the other party

37. Hans, Gretel, and Snow issued a promissory note stating, “We promised to pay Ariel and Marga P120,000 on September 28, 2022”. On September 28, how much can Ariel collect from Hans?

a. P20,000

b. P35,000

c. P120,000

d. None 

38. Payment to a third person is:

a. Always void

b. Always valid

c. Valid only if it has redounded to the benefit of the creditor. This is presumed, and the burden of proving that he has not benefited from the payment rests with the creditor.

d. Valid only if it has redounded to the benefit of the creditor. This is not presumed, and the burden of proving that he has benefited from the payment rests with the debtor.

39. Mr. A obliged himself to deliver a windows 10 laptop with a charger to Mr. B. However, Mr. A instead delivered a windows 11 but without a charger. Mr. B accepted. Is the obligation extinguished?

a. No. Mr. B cannot be compelled to accept a different prestation

b. No. The subject of the obligation is a specific thing

c. Yes. There was a novation

d. Yes. Mr. B’s acceptance constitutes estoppel

40. In this kind of obligation, performance is left to the will of the debtor

a. Natural obligation

b. Civil obligation

c. Moral Obligation

d. Extinguished obligation 

41. Statement 1: Obligations derived from law are presumed

Statement 2: Obligations arising from contracts have the force of law between the contracting parties

a. Only statement 1 is true

b. Both statements are true

c. Only statement 2 is true

d. Both statements are not true 

42. As a general rule, when are contracts perfected?

a. When offer is made

b. When preparations as to the execution of the transaction are made

c. Upon acceptance of the offer

d. When both parties fulfill their obligation

43. This is the stage of contract when the parties perform their obligations

a. Conception

b. Preparation

c. Consummation

d. Perfection 

44. Nadine Lustre offered to sell to Kathyrn Bernardo pieces of jewelry at a price of P650,000. Nadine resides in Siargao while Kathryn resides in Palawan. The pieces of Jewelry are in Cebu. Through sending a letter, Kathryn intimated her acceptance of the offer. Nadine received the letter of acceptance. Nadine delivered the pieces of jewelry from Siargao to Palawan. Kathryn made the payment when they met in Pasay City. Where is the contract deemed perfected?

a. Siargao

b. Palawan

c. Cebi

d. Pasay City

45. Statement 1: Acceptance must be qualified in order to perfect a contract

Statement 2: Acceptance of business advertisements of things for sale perfects a contract

a. Only statement 1 is true

b. Both statements are true

c. Only statement 2 is true

d. Both statements are not true 

46. Any waiver for an action of future fraud is:

a. Unenforceable

b. Void

c. Voidable for it shows a vitiation of consent on the part of the party waiving

d. Valid if agreed upon by both the debtor and the creditor

47. As a general rule, in order to put the debtor in delay, demand must be:

a. Judicial

b. Extrajudicial

c. Either judicial or extrajudicial

d. Neither judicial nor extrajudicial

48. This is defined as everything which is produced by a thing, or which is incorporated or attached thereto, excluding fruits:

a. Accessions

b. Accessants

c. Accessories

d. Accessibles

49. The remedy of substitute performance is available to a creditor in an obligation to give:

a. A specific thing

b. A generic thing

c. A special thing

d. All of the above

50. This kind of fraud makes an obligation voidable

a. Dolo incidente

b. Dolo causante

c. Dolo incidente or dolo causante

d. Neither incidente nor dolo causante