Exam 28 August 2018, questions and answers PDF

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IA 210Preliminary Examinations – Answer Key Atty. Tyron Kim D. BaculoI.Multiple Choice Questions Which of the following is not a characteristic of a law? a) A positive command imposing a duty to obey and involving sanction which forces obedience. b) Rule of conduct c) Promulgated by legitimate autho...

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IA 210 – LAW OB&CON Preliminary Examinations – Answer Key DO NOT COPY a) Extra-ordinary diligence IA 210 b) Diligence of a good father of a family Preliminary Examinations – Answer Key c) Diligence of a father of a good family. Atty. Tyron Kim D. Baculo d) Good diligence of a family’s father I. 8. It is a wrong committed without any pre-existing Multiple Choice Questions relations between the parties. 1. Which of the following is not a characteristic of a) Natural obligation a law? b) Quasi-contract a) A positive command imposing a duty to c) Quasi-delict obey and involving sanction which forces d) Crime obedience. b) Rule of conduct 9. Obligations may arise from any of the following, c) Promulgated by legitimate authority except: d) For the observance of a limited sector of the a) Law society b) Contracts c) Quasi-contracts 2. This law deals with the nature and sources of d) Prestation obligations and the rights and duties arising from agreements and the particular contracts. 10. The creditor has a right that is enforceable a) Civil Code provisions on Human Relations against a definite passive subject. This right is b) Adjective law known as: c) Civil Code provisions on Obligations and a) Real right Contracts b) Natural right d) Substantive law c) Personal right d) Civil right 3. The requisites for the recovery of interest are the following, except: 11. Which of the following is a determinate thing? a) The agreement to pay the interest must be a) a cow in writing. b) a Toyota Fortuner with engine no. 12345, b) The agreement as to the payment of body no. 6789, and plate no. AAA 1234 interest must be recorded with the Registry c) a ring with a South Sea pearl of Deeds. d) Starbucks Dark Mocha Frappuccino blended c) The interest must be lawful. beverage d) The payment of interest must be expressly stipulated. 12. This refers to the delay on the part of the creditor. 4. The following are the requisites of an obligation, a) Mora Accipiendi. except: b) Mora Apicciendi a) Active subject, creditor, or obligee c) Mora Solvendi b) Passive subject, debtor, or obligor d) Mora Accipiens c) Demand for fulfillment of the obligation d) Efficient cause 13. The following are the remedies of a creditor to pursue his claims against the debtor, except: 5. It is the voluntary administration of the a) Pursue the property owned and in property of another without his consent. possession of the debtor a) Quasi-delict b) Compel the debtor to perform the service in b) Quasi-contract obligations to do c) Solutio indebiti c) Accion pauliana d) Negotiorum gestio d) Exercise all rights and bring all the actions of the debtor. 6. It is a thing that is particularly designated or physically segregated from all others of the 14. Which of the following is not a conditional same class. obligation? a) Indeterminate thing a) Pia to give Maxine P1,000,000.00 if she wins b) Generic thing Miss Universe c) Determinate thing b) Pia to give Maxine P1,000,000.00 is she has d) Real thing the means c) Pia to give Maxine a horse if she wears a red 7. Unless the law or the stipulation of the parties gown on the pageant night require another standard of care, every person d) None of the above. obliged to give something is also obliged to take

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IA 210 – LAW OB&CON Preliminary Examinations – Answer Key 15. An obligation where only one prestation is due, with no period or condition needed is called: a) Pure or simple obligation b) Conjoint obligation 21. c) Alternative Obligation d) None of the above 16. Marlon obliged himself to give a specific car to Mike on December 25, 2017, stipulating that Marlon is liable even if the thing is lost due to fortuitous event, and without need of a demand. On the due date, the car got lost due to a fortuitous event. Which of the following statements is correct? a) Obligation remains to subsist, but converted into a monetary consideration. b) Mike can compel Marlon to deliver another car. c) Mike can require another person to deliver a car, but the expenses are chargeable to Marlon. d) Obligation is totally extinguished. 17. Adele sold her cow to Beyonce for P10,000.00. No date was stipulated for the delivery of the cow. While still in the possession of Adele, the cow gave birth to a calf. Which of the following statements is correct? a) Beyonce is entitled to the calf which was born after the perfection of the contract. b) Adele is entitled to the calf because it was born before his obligation to deliver the cow arises. c) Beyonce, in order to be entitled to the calf, should pay additional cost for the calf to be agreed upon by both parties. d) Adele is entitled to the calf because Beyonce has not paid the price. 18. When the debtor binds himself to pay when his means permit him to do so, the obligation is: a) Pure b) With a period c) Conditional d) None of the above 19. A promissory note signed by Maricar and dated March 15, 2017 is worded as follows “I promise to pay to the order of Kate the sum of P50,000.00 provided that if she should fail in the October 2017 CPA Board Examinations, she shall return to me said amount. The above promissory note gives rise to an obligation with: a) Suspensive Condition b) Resolutory Condition c) Suspensive Period d) Resolutory Period 20. Fruits as resulting from spontaneous products of the soil without the intervention of human labor, as well as animal offspring are: a) Industrial fruits b) Civil fruits

DO NOT COPY c) Natural fruits d) Rents The buyer has a right to the fruit of the thing from: a) the thing is delivered. b) the time the contract is perfected. c) the time the obligation to deliver the thing arises. d) the time the fruits are delivered.

22. Statement 1: “I will give you P10,000 if you will marry Kris this year.” If by the end of the year, Kris dies, my obligation is extinguished. Statement 2: “I will give you P10,000 when my means permit me to do so.” This is a conditional obligation for the benefit of the debtor. a) Only Statement 1 is correct. b) Only Statement 2 is correct. c) Both statements are not correct. d) Both statements are correct. 23. Which obligation is not valid? a) “I promise to give you P100,000 on December 25, 2017.” b) “I promise to give you P100,000 if your patient dies.” c) “I promise to give you P100,000 if you pass the 2020 CPA Board Examinations. d) “I promise to give you P100,000 if I go to New York this year.” 24. The following are definitions of a prestation in an obligation, except: a) It is the subject matter of the obligation b) It refers to the conduct required to be observed by the debtor. c) It may consist in giving, doing, or not doing. d) That which binds or connects the parties to the obligation. 25. It is a kind of obligation the subject matter of which is a thing which the obligor must deliver to the obligee. a) Personal obligation b) Obligation to do c) Real obligation d) Conditional obligation 26. This refers to the interest of a person over a specific thing such as ownership, possession, mortgage, without a definite passive subject against whom the right may be personally enforced. a) Personal right b) Real right c) Right to demand debtor’s performance of obligation d) None of the above 27. The following are the duties of the obligor in obligation to give a determinate thing, except:

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