Oblicon Finals Questionnaire Reviewer PDF

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LAW ON OBLIGATIONS AND CONTRACTS Essential requisites of a contract: a. Consent b. Cause c. Subject d. All of them. The element which there cannot be a contract is: a. Natural element b. Accidental element c. Essential element d. All of the above A qualified acceptance constitutes: a. Counteroffer b...

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LAW ON OBLIGATIONS AND CONTRACTS 1. Essential requisites of a contract: a. Consent b. Cause c. Subject d. All of them. 2. The element which there cannot be a contract is: a. Natural element b. Accidental element c. Essential element d. All of the above 3. A qualified acceptance constitutes: a. Counteroffer b. An absolute acceptance c. A meeting of minds between the parties d. All of the above 4. Debtor’s fault in real obligation is called a. Mora accipiendi b. Mora solvendi ex-re c. Mora solvendi ex-persona d. Compensation-morae 5. In order that condonation may extinguish an obligation involving a movable property whose value exceeds P5,000.00 a. It is sufficient that the condonation and the acceptance are in writing, even a private one. b. It is required that the condonation and the acceptance must be in a public instrument. c. The delivery of the document evidencing the debt is sufficient since the property is movable. d. The condonation and the acceptance may be made orally. 6. S1: When one of the parties has brought an action to enforce the contract, he cannot subsequently ask for its reformation. S2: The injured party may seek rescission even after he has chosen the fulfillment of the obligation if the latter should become impossible. a. True; true b. true; false c. false; false

d. false; true 7. The following are elements of an obligation, except a. Active and passive subjects b. Efficient cause c. Prescription d. Vinculum 8. The following are kinds of Special Payments, EXCEPT: a. Dacion en pago b. Tender of payment and consignation c. Payment by cession d. Confusion or merger 9. S1: Consignation without tender of payment is sufficient if two or more persons claim the same right to collect. S2: When the debt of a thing certain proceeds from a criminal offense, the debtor shall be exempted from the payment of the price of the thing is lost through a fortuitous event. a. Both statements are true. b. Both statements are false. c. S1 is true; S2 is false. d. S1 is false; S2 is true. 10. One of the following contracts is not vitiated by intimidation or violence and hence, valid. Which is it? a. A contract of sale was signed by a party because his arm was being twisted by a third person. b. A contract of sale was entered into because the other party was pointing a gun at his wife. c. A contract where a party was compelled to assign his property to the other to pay A just debt because the latter threatened to sue him in court if he does not pay his debt. d. A contract of donation of a parcel of land which a party signed because the other party threatened to burn his house. 11. Which of the following contracts is valid? a. Oral contract of agency giving authority to an agent to sell the land of the principal. b. Oral partnership agreement where immovables are contributed. c. Oral agreement to answer all the expenses for the wedding reception if A marries B. d. Oral contract of sale of an immovable entered into by an agent who was given oral authority by the principal.

12. A solemn or formal contract has the following essential elements: a. Consent of the contracting parties, object certain and cause or consideration. b. Consent of the contracting parties, object certain, cause or consideration and delivery of the object. c. Consent of the contracting parties, object certain, cause or consideration, and formalities required by law. d. Consent of the contracting parties, object certain, delivery of the object, and formalities required by law. 13. It is the manifestation of the meeting of the offer and the acceptance upon the thing which are to constitute the contract a. Consideration b. Contract c. Consent d. Cause 14. Which of the following contract is rescissible? a. Those where one of the parties is incapable of giving consent to a contract. b. Those which are entered into by guardians whenever the wards whom they represent suffer a lesion of more than ¼ of the value of the object of the contract. c. Those where both parties are incapable of giving consent to a contract. d. Those which are absolutely simulated or fictitious. 15. S1: A contract as a general rule must be written to have force and effect as a valid agreement. S2: A formal or solemn contract is one that must be in writing to be valid. a. True; True b. True; False c. False; False d. False; True 16. If the obligation of the debtor is “I will pay you my debt after I have arrived from abroad.” The obligation is a. Valid b. Voidable c. Void d. Unenforceable 17. Lession means

a. Damages b. Loss c. Consideration d. None of the Above 18. A sale that will involve a specific vehicle worth 300,000 Pesos must be in writing for its: a. Validity b. Enforceability c. Convenience d. All of the Above 19. If the defendant sold the object of litigation without court approval or knowledge of the plaintiff. The said sale is? a. Voidable b. Void c. Rescissible d. Valid e. Unenforceable 20.S1: Contract to Deposit is a consensual contract S2: Consensual Contracts are not perfected until the delivery of the object of the obligation a. ALL TRUE b. ALL FALSE c. TRUE, FALSE d. FALSE, TRUE 21. Those contracts are already prepared by one of the parties and what the other party has to do is sign it if he is amenable to it or refuses to sign if he is not amenable. a. Lucrative b. Renumeratory c. Real d. Contract of Adhesion 22. Nayeon went to a restaurant and took his lunch. When he paid his bills, he parted away the amount of 60 pesos as a tip for the good food he had. What contract exists in this case with respect to the tip Nayeon gave? a. Onerous b. Aleatory c. Renumeratory d. Pure 23. A last will and testament are being put into writing for its?

a. Validity b. Enforceability c. Convenience d. None of the Above 24. Simulation of contract may absolute or relative. In the case of an ABSOLUTE simulated contract, the contract is? a. Void b. Valid c. Voidable d. Rescissibile 25. A Minor is a person a. Below 18 years old b. 18 years old and below c. 18 years old and above d. Not yet married 26. Voidable contracts are a. Invalid contracts b. Valid until annulled c. Contracts with consent d. Invalid until enforced 27. These are types of contracts that are RESCISSIBLE, Except: a. Contracts entered into on behalf of wards b. Contracts that are undertaken in fraud of creditors c. Contracts entered into by people who are 18 years old d. Contracts which refer to a thing under litigati on 28. Which of the following contracts are enforceable? a. Contracts without authority b. Contracts with excess authority c. Contracts with authority d. All of the Above

29. S1: Exaggerations made in trade/advertisements are considered to be fraudulent S2: Mere expression of opinion does not signify fraud UNLESS it is made by experts or another party that is relied on. a. BOTH TRUE b. BOTH FALSE c. TRUE, FALSE

d. FALSE, TRUE 30. S1: There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon him. S2: Intimidation exists when there is a threat to enforce authority S3: Intimidation is also known as moral coercion a. ALL ARE TRUE b. ALL ARE FALSE c. FALSE TRUE FALSE d. TRUE FALSE TRUE e. NONE OF THE ABOVE 31.This is the form of contract where the document is notarized by a lawyer. A. common instrument B. real instrument C. public instrument D. private instrument 32. The following are people who are unable to give consent except: A. Person in Lucid Interval B. Minor C. Deaf/mute people who can’t read and write. D. Demented person 33. When a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. A. Violence B. Undue influence C. Fraud D. Intimidation 34. The following are requisites of Reformation except: A. There is a contract agreed upon. B. The written document fails to express the true intention of the parties. C. The failure is due to mistake. D. Consent is given because of undue influence. 35. A owes B P10,000. When the debt matured B told A that she need not pay the debt since B is condoning it. A in turn expressed her gratitude. The debt has been extinguished by A. Merger B. Compensation C. Remission D. Novation

ANSWER KEY: 1. D 2. C 3. A 4. B 5. A 6. A 7. C 8. D 9. C 10.C

11. C 12. C 13. C 14. B 15. D 16. C 17. A 18. B 19. C 20. C

21. D 22. C 23. A 24. A 25. A 26. B 27. C 28. C 29. D 30. E

31. C 32. A 33. B 34. D 35. C...