Oblicon Exam PDF

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OBLIGATIONS AND CONTRACTS EXAMINATIONINSTRUCTIONS: All of these questions are either MCQs or T/F questions. Choose the correct answer by underlining it and changing the font color to RED. Regarding the True/False portion, your answers should also be in **RED It is a juridical relation whereby a pers...

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OBLIGATIONS AND CONTRACTS EXAMINATION INSTRUCTIONS: All of these questions are either MCQs or T/F questions. Choose the correct answer by underlining it and changing the font color to RED. Regarding the True/False portion, your answers should also be in RED 1. It is a juridical relation whereby a person may demand from another the observance of a determinative conduct, and in case of breach, may demand satisfaction from the assets of the latter. a. Natural obligations b. Moral obligations c. Civil obligations d. Contracts

2. Which of the following can never be enforced in court? a. Obligation based on positive law b. Obligation based on conscience c. Obligation based on voluntariness d. Obligation based on contracts

3. Which is not an element of an obligation? a. Vinculum juris b. Obligee c. Prestation d. Contract

4. It is an efficient cause by which the debtor is bound to perform a prestation. a. Vinculum juris b. Obligee c. Prestation d. Contract

5. Which is not a way by which juridical tie is established? a. Statute b. Bilateral acts c. Unilateral acts

d. Acts of god

6. It is he who in whose favor the obligation is constituted, established or created.

a. Active subject b. Passive subject c. Obligor d. Debtor

7. It is the one in whom it is incumbent to fulfill the prestation. a. Active subject b. Passive subject c. Obligee d. Creditor

8. Which of the following is a active aspect of an obligation? a. Right b. Prestation c. Debt d. Juridical tie

9. The object of an obligation must NOT be: a. Licit b. Possible c. Indeterminate d. Determinable

10. Which is generally not required to make an obligation binding? a. Form b. Legality c. Possibility d. Determinability

11. Which is not always required to make an obligation binding? a. Possibility b. Determinability c. Pecuniary value

d. Juridical relation

12. Which conduct is not expected of the obligor? a. Giving b. Doing c. Not doing d. Not giving

13. Which of the following is an obligation not to do? a. Obligation of seller in a contract of sale b. Obligation of landowner in easement of way c. Obligation of painter in a contract of service d. Obligation of depositary in a contract of deposit

14. The law on nuisance creates an obligation… a. To do b. Not to do c. To give d. Not to give

15. Which characteristic of a valid prestation is also called “criteria”? a. Form b. Legality c. Possibility d. Determinability

16. Creditor can retain thing delivered voluntarily by the debtor even though, under the law, the obligation cannot be enforced. a. Civil obligation b. Moral obligation c. Natural obligation d. Legal obligation

17. Which of the following does not arise from natural law? a. Civil obligation b. Moral obligation

c. Natural obligation . Conscientious obligation

18. Which of the following is a negative obligation? a. Obligation of seller in a contract of sale b. Obligation of landowner in easement of way c. Obligation of painter in a contract of service d. Obligation of depositary in a contract of deposit

19. Which of the following is a real obligation? a. To do b. To give c. Not to do

20. “I promise to give you one of my cars.” What kind of object is this? a. Generic b. Specific c. Determinate d. Limited generic

21. Which of the following is an obligation established by agreement of the parties? a. Unilateral obligation b. Bilateral obligation c. Conventional d. Statutory

22. Which of the following is a divisible obligation? a. To deliver a car b. To not kill any one c. To pay one million pesos d. To not compete with employer after retirement

23. “I will pay you 1 million for the car I bought from you.” a. Pure obligation b. Conditional obligation

c. Joint obligation d. Solidary obligation

24. 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

25. 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

26. Who is entitled to reimbursement for other co-parties’ share in the contract? a. Solidary co-debtor b. Solidary co-creditor c. Joint co-debtor d. Joint co-creditor

27. 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

28. The general rule here is that interest stipulated in the agreement is generally substitute for fine. If parties agree, interest stipulated and fine should be paid. a. Simple obligation b. Alternative obligation c. Facultative obligation d. Obligation with a penalty

29. Husband has an obligation to support his wife and children. a. Obligation ex lege

b. Obligation ex contractu c. Obligation ex malificio

d. Obligation ex quasi-delicto

30. Which shows a combination of legal and contractual obligations? . Husband and wife b. Bus driver and bus company c. Murderer and victim d. Mother and son

31. What do you call the time when an obligation is created? a. Perfection b. Extinguishment c. Fulfillment d. Meeting of the minds

32. Which of the following does not the immediate demandability of an obligation? a. Want of period or term b. Suspensive condition c. Period d. Term

33. Which does not characterize an obligation ex lege? a. It does not need the consent of the obligor. b. “Lege” itself should be the creator of the obligation. c. Compensation is generally a option to extinguish the obligation. d. It must be expressly set forth in the law creating it and not merely presumed.

34. This obligation is perfected from the time the minds of the parties meet. a. Obligation ex lege b. Obligation ex contractu c. Obligation ex malificio d. Obligation ex quasi-delicto

35. What governs obligations created by law?

a. The Civil Code only b. The law creating them only

c. The Civil Code in a suppletory character d. The law creating them in a suppletory character

36. What does compliance in good faith mean? a. Contract is law between the contracting parties. b. Parties must abide by the terms and conditions of the contract. c. Compliance with a contract cannot be made dependent on the will of only one of the parties. . A party cannot cancel or annul the contract without the consent of the other party or the order of the court.

37. A party cannot evade obligations under the contract. Which is NOT true? a. Evasion is allowed if provided in the contract. Evasion is allowed is agreed by the parties. c. Evasion is never allowed. d. Evasion is illegal.

38. To which limitation to the freedom to contract does “protection of women” belong? a. Law b. Morals . Good customs d. Public order e. Public policy

39. TRUE OR FALSE: When penalty in case of breach of obligation is unconscionably high, the court can only convince the parties to reduce it.

40. X and Y entered into an agreement whereby X would pay Y 2000 pesos per month so that Y would take all necessary care of X’s house while he’s on vacation in the US. One night, the house of Y caught fire and X saved Y’s car, refrigerator, TV, etc. What is the source of X’s obligation to Y? a. Law . Contracts c. Quasi-contracts d. Delicts e. Quasi-delicts

41. What are characteristics common to mistake in payment and unauthorized management?

a. Lawful, voluntary and unilateral b. Unlawful, involuntary and multilateral c. Lawful, voluntary and bilateral d. Unlawful, involuntary and unilateral

42. What source of obligation is presumptive consent present in? a. Law b. Contracts c. Quasi-contracts d. Delicts e. Quasi-delicts

43. What is another term for negotiorum gestio? a. Mistake in payment b. Inofficious manager . Unjust enrichment d. Negotiable gesture

44. What is another term for solutio indebiti? a. Unauthorized management b. Inofficious manager . Unjust enrichment d. Solution to the debt

45. Jane told John, “If you do something great to me, I will have sex with you.” John who has been waiting for 10 years to have Jane in bed, saw a chance when he passed by Jane’s house one night and he saw that watering is coming out of the front door. It would seem that Jane went out to the movies but forgot to shut the faucet in her bathtub. John broke the door and turned off the faucet.

a. TRUE OR FALSE: John can demand payment from Jane for negotiorum gestio. b. TRUE OR FALSE: John can demand to have sex with Jane for what he has done.

46. Which of the following does not characterize negotiorum gestio?...