Law on Obligations and Contracts Final EXAM PDF

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Question 1Correct Mark 1 out of 1.Flag questionQuestion text When the thing deteriorates with the debtor's fault, the creditor may choose one of the following:Select one:a. Mutual restitutionb. None of the choicesc. Suffer the deterioration of the thin.d. Rescission (cancellation) of the obligation ...

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Question 1 Correct Mark 1.00 out of 1.00

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Question text When the thing deteriorates with the debtor's fault, the creditor may choose one of the following: Select one: a. Mutual restitution b. None of the choices c. Suffer the deterioration of the thin. d. Rescission (cancellation) of the obligation with indemnity for damages Question 2 Correct Mark 1.00 out of 1.00

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Question text Tony enters into a contract of sale with Sharon who paid the purchase of a motorcycle unit. Tony did not deliver the motorcycle unit. Identify the object/prestation in the statement as an essential requisite of an obligation. Select one: a. Sharon b. Tony c.

Motorcycle unit d. Obligation to deliver Question 3 Correct Mark 1.00 out of 1.00

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Question text ___________________________contracts as by its effect is valid but cannot be enforced by a proper action in court. Select one: a. Voidable b. Rescissible c. Unenforceable d. Void Question 4 Correct Mark 1.00 out of 1.00

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Question text The duty to repair damages due to negligence is an example of obligations arising from ____________________. Select one: a. Acts or omissions punished by law

b. Quasi delicts c. Quasi contracts d. Law Question 5 Correct Mark 1.00 out of 1.00

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Question text Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to question the validity of their marriage two years after the intimidation ceased, Judy decided in the meantime to freely cohabit with Baldo. After more than 5 years following their wedding, Judy wants to file a case for annulment of marriage against Baldo on ground of lack of consent. Will her action prosper? Select one: a. No, since the action prescribed 5 years from the date of the celebration of the marriage. b. Yes, because the marriage was celebrated without Judy's consent freely given. c. No, since the marriage was merely voidable and Judy ratified it by freely cohabiting with Baldo after the force and intimidation had ceased d. Yes, the action for annulment is imprescriptible. Question 6 Correct Mark 1.00 out of 1.00

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Question text ____________________________ is the remedy allowed by law by means of which a written instrument is amended or rectified so as to express or confirm the real agreement or intention when by reason of mistake, fraud, inequitable conduct or accident, the intention fails to express such in agreement or intention. Select one: a. To declare void b. Annulment c. Reformation d. None of the choices Question 7 Correct Mark 1.00 out of 1.00

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Question text X bought a land from Y, paying him cash. Since they were friends, they did not execute any document of sale. After 7 years, the heirs of X asked Y to execute a deed of absolute sale to formalize the verbal sale to their father. Unwilling to do so, X's heirs filed an action for specific performance against Y. Will their action prosper? Select one: a. No, since the sale cannot under the Statute of Frauds be enforced. b. No, after more than 6 years, the action to enforce the verbal agreement has already elapsed. c. Yes, since X bought the land and paid Y for it. d. Yes, after full payment, the action became imprescriptible. Question 8

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Question text This happens when the creditor makes a demand and the obligor fails to deliver the thing. Select one: a. mora solvendi b. mora accipiendi c. culpa aquilana d. dolo Question 9 Correct Mark 1.00 out of 1.00

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Question text Russel owed Mary the sum of P1, 000.00. By mistake, Russel paid P2, 000.00. Mary has the obligation to return the P1,000.00 excess because there was payment by mistake. Select one: a. False b. True Question 10 Incorrect Mark 0.00 out of 1.00

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Question text ___________________________contracts as by its nature of the defect entered by a debtor who is in a state of insolvency like contracts entered in fraud of creditors Select one: a. Void b. Unenforceable c. Voidable d. Rescissible Question 11 Correct Mark 1.00 out of 1.00

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Question text Various stipulations of a contract shall be interpreted together. Select one: a. False b. True Question 12 Correct Mark 1.00 out of 1.00

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Question text Facts: The Dela Cruz sisters were the aunts of Dolores Rongavilla. They borrowed P2,000 from the Rongavillas to have their rooftop repaired. Later, petitioners went back to their aunts to have them sign a contract. Taking advantage of their lack of education, the sisters were made to believe that such document, typewritten in English, was just for the acknowledgment of their debt. After four years, petitioners asked their aunts to vacate the land subject to litigation claiming that she and her husband were the new owners. After verifying with the Registry of Deeds, the aunts were surprised that what they have signed was actually a deed of sale. Their land title was cancelled and the ownership was transferred to their nephews. The land was mortgaged with the Cavite Development Bank. Issue: Was the deed of sale void? Select one: a. No, it is a valid transaction in payment of debt. b. Yes, because there is fraud and absence of consent Question 13 Correct Mark 1.00 out of 1.00

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Question text Joe and Jane were to marry in 3 months. Meantime, to express his affection, Joe donated a house and lot to Jane, which Joe wrote in a letter to Jane. Jane wrote back, accepting the donation and took possession of the property. Before the wedding, however, Jane suddenly died of heart attack. Can Jane's heirs get the property? Select one: a. No, since the donation and its acceptance are not in a public instrument. b.

Yes, since all the requisites of a donation of an immovable are present. c. Yes, since Joe freely donated the property to Jane who became its owner. d. No, since the marriage did not take place. Question 14 Correct Mark 1.00 out of 1.00

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Question text Knowing that the car had a hidden crack in the engine, X sold it to Y without informing the latter about it. In any event, the deed of sale expressly stipulated that X was not liable for hidden defects. Does Y have the right to demand from X a reimbursement of what he spent to repair the engine plus damages? Select one: a. No, because Y is in estoppel, having changed engine without prior demand. b. Yes, since the defect was not hidden; X knew of it but he acted in bad faith in not disclosing the fact to Y. c. Yes. X is liable whether or not he was aware of the hidden defect. d. No, because Y waived the warranty against hidden defects. Question 15 Correct Mark 1.00 out of 1.00

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_______________________ are contracts resolved against the party who prepared it and in favor of the one who merely adhered to it. Select one: a. Adhesion contracts b. defective contracts c. Onerous contracts d. Gratuitous contracts Question 16 Correct Mark 1.00 out of 1.00

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Question text _______________________prevent fraud and perjury in the enforcement of obligations depending for their evidence upon the unassisted memory of witnesses by requiring certain enumerated contracts and transactions to be evidenced by a writing signed by the party to be charged. Select one: a. Statute of Frauds b. Written memorandum/note c. Governing rules in unauthorized contracts d. Purpose of Statutes Question 17 Correct Mark 1.00 out of 1.00

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Question text Demand is not necessary to incur delay when: Select one: a. Creditor refuses the performance without just cause. b. The debtor is guilty of non-performance. c. If the obligation bears interest. d. Time is the controlling motive Question 18 Correct Mark 1.00 out of 1.00

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Question text Tony enters into a contract of sale with Sharon who paid the purchase of a motorcycle unit. Tony did not deliver the motorcycle unit. Identify the passive subject in the statement as an essential requisite of an obligation. Select one: a. Tony b. Sharon c. motorcycle unit d. obligation to deliver

Question 19 Correct Mark 1.00 out of 1.00

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Question text __________________ is an essential element of a contract which is more on the proximate purpose that the contracting parties have in view at the time of entering into a contract. Select one: a. cause b. object or prestation c. consent d. motive Question 20 Correct Mark 1.00 out of 1.00

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Question text Fernando executed a will, prohibiting his wife Marina from remarrying after his death, at the pain of the legacy of P100 million in her favor becoming a nullity. But a year after Fernando's death, Marina was so overwhelmed with love that she married another man. Is she entitled to the legacy, the amount of which is well within the capacity of the disposable free portion of Fernando's estate? Select one: a. Yes, because the prohibition is inhuman and oppressive and violates Marina's rights as a free woman.

b. No, because the nullity of the prohibition also nullifies the legacy. c. No, since such prohibition is authorized by law and is not repressive; she could remarry but must give up the money. d. Yes, since the prohibition against remarrying is absolute, it is deemed not written. Question 21 Correct Mark 1.00 out of 1.00

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Question text Jean sold her condominium unit to Jane 'including all its contents'. In the unit there is an antique chair belonging to Susan which Susan agreed to sell to Jean. Will the chair be sold along with the unit? Select one: a. If Jane is not yet fully paid to Jean, the antique chair cannot be considered part of the agreement with Jane. b. If Jean is not yet paid, the antique chair cannot be considered part of the agreement with Jane. c. If Jean already paid the antique chair to Susan, the chair can be considered a part of the agreement. d. All of the choices Question 22 Correct Mark 1.00 out of 1.00

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Question text X sold his fishing boat to Y who intends to use the boat for smuggling. Is the contract of sale illegal? Select one: a. All of the choices b. With the knowledge of both parties on the what will be the use of the boat , will make the sale legal. c. If X has the knowledge that the boat will be used will make the sale illegal. d. By the motive of Y, the contract of sale is void. Question 23 Correct Mark 1.00 out of 1.00

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Question text Facts: The municipal council of Cavite by Resolution No. 10, leased to Rojas some 70 or 80 square meters of Plaza Soledad, on condition that she pay rent quarterly in advance according to the schedule fixed in Ordinance No. 43, series of 1903 and that she obligate herself to vacate said land within 60 days subsequent to notification to that effect. Upon such notification, however, she refused to vacate the land, forcing the municipality to file a complaint before the CFI to order her to vacate the land. After a hearing of the case, the CFI dismissed the complaint. Issue: Is the contract valid and what are the obligations of the parties? Select one: a.

The contract is valid because the object or prestation is within the commerce of man, so the obligation of the parties to abide by the agreement. b. The contract is valid because it is not contrary to law or ordinance. The obligation of the parties is to fulfill the terms of the agreement. c. The contract is not valid because the terms of the contract is contrary to public policy and public order, so the obligation of Rojas to restore and deliver the possession of the land to the Municipality of Cavite, which in turn restore to her the sums received from her as payment of rentals d. The contract is not valid because the object or prestation is not within the commerce of man, so the obligation of Rojas to restore and deliver the possession of the land to the Municipality of Cavite, which in turn restore to her the sums received from her as payment of rentals. Question 24 Correct Mark 1.00 out of 1.00

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Question text In onerous transfer, if there is good faith, the contract may be rescinded. Select one: a. False b. True Question 25 Correct Mark 1.00 out of 1.00

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Question text The following are elements of an obligation, except: Select one: a. consent b. juridical or legal tie c. object d. passive subject Question 26 Correct Mark 1.00 out of 1.00

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Question text Those contracts whose cause, object or purpose is contrary to law, morals, good customs, public order, or public policy are _________________. Select one: a. Voidable b. Reformation c. Inexistent d. Rescissible Question 27 Correct Mark 1.00 out of 1.00

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Question text Upon the proposal of a third person, a new debtor substituted the original debtor without the latter's consent. The creditor accepted the substitution. Later, however, the new debtor became insolvent and defaulted in his obligation. What is the effect of the new debtor's default upon the original debtor? Select one: a. The original debtor remains liable since he gave no consent to the substitution. b. The original debtor shall pay or perform the obligation with recourse to the new debtor. c. The original debtor is freed of liability since novation took place and this relieved himof his obligation. d. The original debtor shall pay or perform 50% of the obligation to avoid unjust enrichment on his part. Question 28 Correct Mark 1.00 out of 1.00

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Question text X sold Y 100 sacks of rice that Y was to pick up from X's rice mill on a particular date. Y did not, however, appear on the agreed date to take delivery of the rice. After one week, X automatically rescinded the sale without notarial notice to Y. Is the rescission valid? Select one: a. No, since there was no express agreement regarding automatic rescission. b.

No, the buyer is entitled to a customary 30-day extension of his obligation to take delivery of the goods. c. No,the seller should first determine that Y was not justified in failing to appear. d. Yes, automatic rescission is allowed since, having the character of movables and consumables, rice can easily deteriorate. Question 29 Correct Mark 1.00 out of 1.00

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Question text Sonny borrowed P1,000,000 from Joy and agreed that in case of non-payment on the date stipulated, Sonny's house and lot would be sold to Joy for the amount of P1,000,000. Is the stipulation valid? Select one: a. Yes, there is a consent but the terms is not valid may resort to reformation. b. No, the stipulation does not have consent from one of the parties. c. Yes, if Sonny does not pay , he should sell the house and lot for P1,000,000 to Joy. The agreement is not contrary to law. d. No, the motive of Joy is to defraud Sonny on the value of the house. Question 30 Incorrect Mark 0.00 out of 1.00

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___________________________contracts as by its nature of the defect, was entered in the name of another without authority or in excess of authority. Select one: a. Unenforceable b. Voidable c. Void d. Rescissible Question 31 Correct Mark 1.00 out of 1.00

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Question text D sold E a parcel of land worth 1M. E failed to pay D. Has F has the right to have the sale declared void by court on the ground of absence of cause for non payment of price? Select one: a. F has the right even if he is not a contracting party b. None of the choices. c. F has the right as third person who does not exist in the time of the transaction d. F has no right being a third person who does not concern any fulfillment of the obligation. Question 32 Correct Mark 1.00 out of 1.00

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Question text Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one of the five lots he owned, without specifying which lot it was, for the price of P1 million. Later, the parties could not agree which of five lots Lino owned to sell to Ramon. What is the standing of the contract? Select one: a. Unenforceable. b. Rescissible. c. Voidable. d. Void. Question 33 Correct Mark 1.00 out of 1.00

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Question text 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. Select one: a. Suspensive b. positive condition c. Condition subsequen or Resolutory

d. facultative condition Question 34 Correct Mark 1.00 out of 1.00

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Question text Architect Velasco designed and supervised the house construction of Mrs Reyes. The parties failed to agree beforehand the professional the professional fee of Architect Velasco. How much is Mrs Reyes bound to pay Architect Velasco? Select one: a. Aside from the Professional fee of Architect it must include also the quality of work . b. Rate customarily paid in the place where the services were rendered. c. All of the choices d. Aside from the Professional fee of Architect it must include also the factors that may affect the price. Question 35 Correct Mark 1.00 out of 1.00

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Question text Clint, a wealthy landowner suddenly left for abroad leaving his livestock farm unattended. John, a neighbor of Clint managed the farm thereby incurring expenses. When Clint returns, he has the obligation to reimburse John for the expenses incurred by him and to pay him for his services. It is based on the principle _______________________________________. Select one:

a. dura lex sed lex b. that no man is an island c. That no one shall enrich himself at the expense of another d. that nobody is above the law. Question 36 Correct Mark 1.00 out of 1.00

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Question text ___________________________means both are at fault. Select one: a. fraud b. None of the choices c. pari delicto d. Illegal per se Question 37 Correct Mark 1.00 out of 1.00

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G gave Php 100,000 to H who signed a receipt stating: "This is to acknowledge payment of G in the amount of Php100,000". G later complains the he receives nothing from H for the Php 100,000. Is H bound to return the Php 100,000? Select one: a. The law presumes that G has made an illegal payment and that the acknowledgement receipt is not acceptable by G. b. None of the choices c. The law presumes that G has made a legal payment and that acknowledgement receipt is illegal. d. The law presumes that G must have received a service from H and that the same is lawful. If G claims otherwise, he must prove his allegation that H is bound to return the 100,000 to G. Question 38 Correct Mark 1.00 out of 1.00

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Question text The action for rescission is ______________________; it cannot be instituted except when the party suffering damage has no other legal means to obtain reparation for the same. Select one: a. principal b. subsidiary c. primary d. main Question 39 Correct

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Question text When bilateral contracts are vitiated with vices of consent, they are rendered Select one: a. unenforceable. b. voidable. c. rescissible. d. void. Question 40 Correct Mark 1.00 out of 1.00

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Question text A buyer ordered 5,000 apples from the seller at P20 per apple. The seller delivered 6,000 apples. What are the rights and obligations of the buyer? Select one: a. He can accept all 6,000 apples and pay...