BAMM 6201 2013 T UGRD Law on Obligations Contracts Copy PDF

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BAMM-6201-2013T(UGRD) Law onObligations & ContractsPQDamages can be recovered when contract is not perfected if withdrawal of the ofer must be without any illegitimate cause.Select one: a. False b. TrueMora means _________________.Select one: a. Negligence b. Delay c. Prestation d. Obligatio...

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BAMM-6201-2013T(UGRD) Law on Obligations & Contracts PQ1 Damages can be recovered when contract is not perfected if withdrawal of the offer must be without any illegitimate cause. Select one: a. False b. True Mora means _________________. Select one: a. Negligence b. Delay c. Prestation d. Obligation Under Quasi contracts, when funeral expenses are borne by the third person, without the knowledge of the relatives who are obliged to give support to the deceased, said relatives must reimburse to the third person, even without claim was made by the third person. Select one: a. True b. False Under Quasi-delict, the State is responsible in like manner when it acts through a special agent but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable. Select one: a. True b. False Demand may be in any form, provided it can be proved. Burden of proof of demand on creditor. Select one: a. False b. True

Under Action for damages, recoverable for damages include any and all damages that a human being may suffer. Responsibility for damages may be divisible. Select one: a. True b. False

The following are the primary remedies of creditor in case of breach except: Select one: a. Action for performance b. Accion Subrogatoria c. Action for damages d. Action for rescission __________________________is a kind of Quasi-contract which states that whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents or to require the person concerned to substitute him, if the owner is in the position to do so. Select one: a. Solutio indebiti b. Negotiorum gesto c. Other quasi contracts d. None of the choices The following are examples of 'Acts of God' except; Select one: a. epidemic b. earthquake c. rebellion d. fires Even in the absence of demand, debtor incurs delay if he acknowledges his delay. Request for extension of time for payment is not sufficient though, the acknowledgement must be express. Select one: a. True b. False

PQ2

If the debt produces interest, payment to the principle should have not deemed have been made until the interest has been covered. Select one: a. True b. False

There is solidarity liability only when obligation expressly so states or when the law or when the nature of the obligation requires solidarity. Select one: a. False b. True

Even though the object or service may be physically divisible but the obligation is indivisible if Select one: a. provided by law b. All of the choices c. intended by both parties d. definite things

The following are requisites of a valid tender of payment except: Select one: a. Should include interest due b. Must be conditional c. Made in lawful currency d. None of the choices

In general, what is to be paid to extinguish obligation? Select one: a. Superior quality b. Money c. Prestation d. Inferior quality The following are words indicating joint obligation except: Select one: a. Prorata b. We promise to pay c. Mancomunicada d. In solidum

In general, what is to be paid in an obligation? Select one: a. Debt b. Undue object/service c. None of the choices d. Prestation due

___________________________is kind of conditional of obligation which depends upon the will of the contracting parties, in the power of one party to realize or prevent it. Select one: a. Negative b. Suspensive c. Potestative d. Positive

In general, the following can be made or authorized to receive payment except: Select one: a. Third party, even in good faith b. Any person authorized to receive it c. Creditor's/ His successor in interest d. Creditor/person in whose favor obligation was constituted

The following are ways to test divisibility of obligations, except: Select one: a. Will or intention of the parties. b. Nature of the thing c. Definite things d. Provisions of law affecting the prestation

PRELIM EXAM Under obligations, an active subject, also known as the________________, who has the power to demand the prestation Select one: a. Obligor

b. Complainant c. Debtor d. Obligee or creditor

____________________ is contracting for or receiving something in excess of the amount allowed by law for the loan or forbearance of money, good of chattels. It is also taking more interest for the use of money, goods or chattels or credits than the law allows. Select one: a. None of the choices b. Moratory c. Compensatory d. Usury

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in bad faith. Select one: a. False b. True

_______________________ is wrongful act or omission which causes loss or harm to another. Select one: a. Culpa b. Dolo c. Injury d. Damage

Elements of negligence are the following except: Select one: a. Duty on the part of the defendant to protect the plaintiff from injury of which the latter complains. b. Failure to perform such duty as a prudent person. c. A person's conduct expected of a reasonably prudent person acting under similar circumstances. d. An injury to the plaintiff through such failure

If the debt produces interest, payment to the principle should have not deemed have been made until the interest has been covered. Select one:

a. False b. True

___________________________ is a kind of Novation as to effect where only a modification or change in some principal conditions of the obligation. Select one: a. Total b. Mixed c. Partial d. Implied

Obligation arising from quasi- delict is demandable not only for one's own acts or omissions but also for those persons for whom one is responsible. Select one: a. Diligence of Employers b. Liability for fault for others c. Test of negligence d. Pre contractual obligation

The following are examples of 'Acts of God' except; Select one: a. fires b. epidemic c. earthquake d. rebellion

Under Quasi contracts, when funeral expenses are borne by the third person, without the knowledge of the relatives who are obliged to give support to the deceased, said relatives must reimburse to the third person, even without claim was made by the third person. Select one: a. False b. True

Under Pure Obligation: G.R. No. L-28602, 29 September 1970,The University of the Philippines (UP) and Associated Lumber Manufacturing Company, Inc. entered into a logging agreement whereby UP awarded logging concessions in one of its properties in favor of the lumber company in consideration of royalties, forest fees, etc. Sometime after, the lumber company failed to pay the said fees despite demands. To avoid termination of the agreement, the lumber company executed an "Acknowledgment of debt and Proposed Manner of Payments" whereby it was expressly stated therein that UP had "the right and

power" to rescind the logging agreement in case of default of the lumber company. Subsequent thereto, the lumber company was in default again. As a result, UP informed the lumber company that it had rescinded the logging agreement. The lumber company claimed that it is only through a judicial declaration that a contract can be rescinded. Does UP had the right to rescind the contract even without declaration? Select one: a. Yes, it is not always necessary for the injured party to resort to court for rescission of the contract. In exercising the power of rescission, the injured party is required to inform the other party of the termination. b. All of the choices c. Yes, Send demand letter and afterwards a notice of rescission - A demand letter should first be sent in order to place the other party in default. Subsequently, a notice of rescission should be sent to the guilty party as the same is required by law. d. Yes, the provision granting UP the power to rescind upon default of the lumber company is valid even without any court intervention.

Even though the object or service may be physically divisible but the obligation is indivisible if Select one: a. definite things b. provided by law c. intended by both parties d. All of the choices

The following are cases when you have the right to damages except: Select one: a. Fraud b. Negligence c. In any manner upholding with tenor of obligation d. Delay or fault

The following are requisites of a valid payment except: Select one: a. None of the choices b. Things to be paid c. Person to whom payment is made d. Person who pays

Civil action for recovery of civil liability arising from the offense is impliedly instituted with the criminal action except;

Select one: a. The law provides for an independent civil action. b. All of the choices c. Civil action may proceed to final judgment irrespective of the result of the criminal action and filing of the criminal action does not suspend the civil action. d. offended parties reserves right to institute it separately

The following are the requisites of Quasi Delict except: Select one: a. Such act or omission causes damage to another. b. Such act or omission is caused by fault or negligence. c. There are pre-existing contractual relations between the parties. d. There must be an act or omission

Commission of crimes causes not only moral evil but also material damage. Select one: a. True b. False

___________________ is a kind of indivisible obligation even the object or service may be divisible, an obligation is indivisible if so provided by law or intended by parties. Select one: a. Passive b. Legal c. Active d. Natural

Obligation arising from Law or 'Obligation ex lege' is imposed by law itself and must be expressly or impliedly set forth and cannot be presumed. Select one: a. False b. True

Partial payment is not allowed except: Select one: a. Debt is partly liquidated and partly unliquidated. b. When there are several subject/parties are bound under different terms and conditions.

c. Contrary stipulation d. All of the choices

__________________________is a kind of Prestation which consist of the delivery of a movable or immovable thing, in order to create a real right or for the use of the recipient or for its simple possession or in order to return to its owner. Select one: a. To do b. None of the choices c. To give d. Not to do In general rule, payment to a wrong third party is valid but obligation is not extinguished even if in good faith of the debtor. Select one: a. True b. False The following are the rights of the creditor under obligations to give under generic thing except: Select one: a. To ask that the obligation be complied with at the expense of the debtor. b. To recover damages in case of breach of obligation c. To ask for the performance of the obligation d. Entitlement of fruits/interests from the time the obligation to deliver arises

No liability for fortuitous events intervene. Select one: a. False b. True

When only one prestation is agreed upon, but the obligor may render another substitution, the obligation is ________________________. Select one: a. Facultative b. Alternative c. Solidary d. Joint

Under Quasi contract, consider a pizza that is delivered to the wrong address. The pizza has already been paid for. If the individual does not correct the delivery man and instead keeps the pizza, the court system could issue a quasi contract that would require the Individual to pay back the amount of the pizza to the party that paid for the pizza. The contract is used to prevent any party from benefiting from the situation at the other party's expense; the restitution required under the contract is to make the situation____________. Select one: a. Fair b. Unfair c. None of the choices.

Under Quasi-delict, Guardians are liable for damages caused by minors or incapacitated person who are under their authority and live in their company. Select one: a. True b. False

The following are requisites of condonation, except: Select one: a. The debtor must accept the remission b. None of the choices c. Debts must be existing and demandable at the time remission made d. The renunciation of the debt must be gratuitous or without any equivalent or consideration.

__________________________is a kind of Prestation which consist of all kinds of work or services, whether mental or physical. Select one: a. To do b. None of the choices c. Not to do d. To give

MQ1 ___________________is a meeting of minds between two persons whereby binds himself, with respect other, or to give something or to render some service.

Select one: a. Contracts b. Obligation c. Laws d. Performance

Absence of cause and unlawful cause produces no effect whatever. The cause is unlawful is it is in contrary to law, morals, good customs, public order and public policy. Select one: a. False b. True Under defective causes, lesion or inadequacy of cause is valid unless fraud or undue influence is valid. Select one: a. True b. False The following are impossible things except: Select one: a. Not susceptible of existing b. None of the choices c. Beyond the ordinary strength of power of man d. Outside the commerce of man

Obligations arising from the contract have the force of law between contracting parties. Select one: a. True b. False

The relativity as a characteristic of contract will take effect only between parties, their assignments and heirs. Select one: a. True b. False

______________________________ is a unilateral proposition which one party makes to the other for the celebration of the contract.

Select one: a. Consent b. Offer c. Cause d. Object

The object of the obligation and object of the contract created thereby need not be identical. Select one: a. False b. True

Stipulations in favor of third persons may demand its fulfillment provided the acceptance is made after revocation. Select one: a. True b. False

In contracts creating real rights, third persons who come into possession of the object of the contract are bound hereby, subject to the provisions of the Mortgage Law and Land Registration Laws. Select one: a. False b. True

MQ2 An exception in the form of contracts is when the law requires that a contract be in order it may be valid or enforceable. Select one: a. False b. True

If two parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the property is sold absolutely or with a right of repurchase, reformation of the instrument is proper. Select one: a. True b. False

A contract to be effective as Cessation must not appear in a public document. Select one: a. False b. True

The following are cases where no reformation is allowed except: Select one: a. Will b. Oral contracts c. Simple donations d. When real agreement is valid. If mistake, fraud, inequitable conduct or accident has prevented to have a meeting of the minds by both parties, the remedy is reformation. Select one: a. True b. False When there is unilateral mistake, the uninjured party may ask for reformation. Select one: a. True b. False

If two parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the property is sold absolutely or with a right to repurchase, __________________________of the instrument is proper. Select one: a. Enforcement b. None of the choices c. Reformation d. Annulment The procedure of reformation of instrument shall be governed by _____________________of the Supreme Court. Select one: a. None of the choices b. Rules of court c. Criminal court d. Clerk of court

If one party was mistaken and the other acted fraudulently or inequitably in such a way that the instrument does not show their true intention, the former may ask for the reformation of the instrument. Select one: a. False b. True

What action may be taken when the true intentions of the parties are not expressed in the instrument? Select one: a. Annulment b. Enforcement c. Reformation d. None of the choices

MIDTERM EXAM ___________________________is a wrong or false notion about such matter, a belief in the existence of some circumstance, a fact or event which in reality does not exist Select one: a. Undue influence b. Violence c. Fraud d. Mistake

____________________means automatic foreclosure. Select one: a. None of the choices b. Pactum de non alienado c. Pactum commisorum d. Pactum leonina

Acceptance made by a letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract in such case is presumed to have been entered in the place where the offer was made. Select one: a. False

b. True

The relativity as a characteristic of contract will take effect only between parties, their assignments and heirs. Select one: a. True b. False

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: Select one: a. when the option is founded upon consideration as something waived. b. when the option is founded upon a consideration, as something fulfilled. c. All of the choices d. when the option is founded upon a consideration, as something paid or promised.

___________________ pertains to certain percepts that cannot be universally recognized as moral, sometimes they only apply to certain communities or localities. Select one: a. Contrary to law b. Contrary to good customs c. Contrary to public policy d. Contrary to morals

Advertisements for bidders are simply ____________________________ to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears. Select one: a. counter offer b. invitations c. information d. none of the choices There is ____________________________when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent. Select one: a. fraud

b. intimidation c. fear d. violence

The following are ways to extinguish or annulment of a current offer, except: Select one: a. Lapse of time for the option period b. Offeror makes a new offer c. Withdrawal by the offeror d. Contracts becomes illegal

The following are impossible things except: Select one: a. Outside the commerce of man b. None of the choices c. Not susceptible of existing d. Beyond the ordinary strength of power of man

The following is a classification of a contract according to form except: Select one: a. common b. special c. gratuitous d. Informal ______________________ means mere unaccepted offer. Select one: a. contract b. none of the choices c. perfected promise d. imperfected promise

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 offer must be certain and the acceptance absolute. A qualified acceptance constitutes a ____________________. Select one: a. counter offer

b. none of the choices c. counter affidavit d. counter strike

Mistake as to the identity or qualifications of one of the parties will _____________________consent only when such identity or qualifications have been the principal cause of the contract. Select one: a. vitiate b. be a voidable c. validate d. invalidate

The following are characteristics of a contract, except: Select one: a. Relativity b. Consensuality c. Obligatory force d. Disagreement A simple mistake of account shall give rise to its _________________________. Select one: a. invalidity b. validity c. correction d. none of ...