Obligation and contracts PDF

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OBLIGATIONS AND CONTRACT TEST BANK2021-2022 OBLICON WeekS 1 -True orFalse1. The laws have sanctions which are recognized by the state and enforced by state-authorizedbodies.2. Constitution and Amendments is vested upon the Supreme Court. -Congress of the Philippines3. The compelling of a person to u...

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OBLIGATIONS AND CONTRACT TEST BANK 2021-2022 OBLICON WeekS 1 -4 True or False 1. The laws have sanctions which are recognized by the state and enforced by state-authorized bodies.

2. Constitution and Amendments is vested upon the Supreme Court. - Congress of the Philippines 3. The compelling of a person to undertake an action against his or her will by the threat of physical 4. 5. 6.

7.

or economic harm is a necessity. - Duress Executive as a governmental power includes Executive orders, Proclamations, and Administrative orders as forms of law. Obligatory is one characteristic of law. A defense that permits a person to act in a criminal manner when an emergency situation, not of the person's own creation, compels the person to act in a criminal manner to avoid greater harm from occurring is known as duress. NECESSITY The threatened harm that the defendant is trying to prevent with his actions must be imminent is a requirement for a defense in duress. NECESSITY

8. Characteristics of Law are the origins of laws, the binding rules that enable any state to govern its territory. SOURCES OF LAW

9. According to ARTICLE 10, in case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and unjustice to prevail. JUSTICE

10. Court of Appeals, Regional Trial Court and Metropolitan Trial Court are all Special Courts. these are REGULAR COURTS 11. Shari'a District Courts primarily pertain to family rights and duties as well as contractual relations of Filipino Muslims in the Mindanao. 12. The Court of Appeals is a special appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offenses committed by public officers and employees, including those in government-owned or government-controlled corporations. - Sandiganbayan

13. Law promotes social justice and facilitates orderly change are two of the main functions of law. 14. Substantive Law portion of the body of the law creating and defining rights and duties which may be private or public in character.

15. The law of obligations and contracts is found in Republic Act No. 836, otherwise known as the Civil Code of the Philippines. It was approved as RA386 on June 18, 1949 and took effect August 10, 1950. Article 386

1. It is the juridical necessity to give, to do or not to do. Obligation Sales Contract Partnership 2. The following are elements of obligation, except: Active Subject Vinculum juris Passive subject Presentation

3. Obligation may arise from any of the following except: Law Contract Delict Efficient cause 4. This is a voluntary management of an abandoned property or business in good faith without the authority and consent of the owner. Law Vinculum juris Negotiorum Gestio Solutio indebiti 5. This is an obligation which is not enforceable in court or which the creditor has no right of action against the debtor because the obligation has already prescribed. Civil obligation Natural obligation Obligation ex delicto Culpa aquiliana 6. What is the effect when the debtor voluntarily pays the creditor of his obligation after prescription? The payment is not valid because of prescription hence the debtor may recover. The payment is not valid because of prescription but the debtor may not recover. The payment is valid even after prescription but the creditor may not retain the payment. The payment is valid even after prescription and the creditor may retain the payment. 7. What is the effect when the debtor pays the creditor of his obligation by mistake after prescription? The debtor may recover under the concept of solutio indebiti. The debtor may not recover because it is a case of natural obligation. The creditor may not retain the payment because of prescription. The creditor may retain the payment because it was paid by mistake. 8. It refers to lawful, unilateral, voluntary acts giving rise to juridical relation to the end that no one shall be unjustly enriched at the expense of another. Law Contract Quasi-delict Quasi-contract 9. Statement 1: Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith as provided by Article 1159 of the New Civil Code. Statement 2: Obligations derived from law are presumed and those expressly determined in the Civil code or special laws are demandable. True, True

False, False True, False False, True 10. Joseph and Ibrahim jointly and voluntarily managed the abandoned property of George located in Sampaloc, Manila without the consent of the latter. However, due to negligence of Joseph the property was destroyed. What is the nature of the obligation of Joseph and Ibrahim? Joint but only Joseph is liable Solidary but only Joseph is liable Both are liable jointly Both are solidarily liable 11. Cheeky, the payee of a check for P10,000 cashes it with VDO drawee bank. However, Junjun, the bank teller mistakenly gave him P11,000. What is the obligation of Cheeky? There is no obligation to return because it was given mistakenly by the bank. There is solutio indebiti, hence, there is an obligation to return half of the excess amount. There is no obligation to return because Cheeky will not be unjustly enriched at the expense of the bank. There is an obligation to return the full excess amount because of solutio indebiti. 12. Under Article 100 of the Revised Penal Code, which of the following is true? Every person criminally liable is exempt from civil liability. Every person criminally liable is always civilly liable. As a rule, every person criminally liable is also civilly liable. Act or omission punishable by law is a crime. 13. What is the source of the obligation when a person who is constrained to pay the taxes of another is entitled to reimbursement from the latter? Law Contract Quasi-contract Quasi-delict 14. These are acts or omissions that cause damage to another, there being fault or negligence but without any pre-existing contractual relation between the parties. Law Contract Quasi-contract Quasi-delict 15. What governs this statement, Husband supports the wife and wife supports her husband? Law Contract Quasi-contract Quasi-delict 16. Jett was driving the jeepney of Toby at a speed of 150km per hour in España Boulevard without headlight at exactly 8:00 in the evening when he crashed into a barrier and

accidentally bumped and killed a pedestrian named Pearl. Carlo, a passenger, was also injured due to said accident. What is/are the obligation/s of Jett? None, because it was a plain accident. Jett is liable to both Pearl and Carlo under delict. Jett is liable to Carlo under contract while he is liable to Pearl under delict. Jett is liable to Carlo under quasi-delict while he is liable to Pearl under delict. 17. In the case above, what is/are the civil liability of Toby, the employer? None, because it was a plain accident. Toby is liable to both Pearl and Carlo under delict. Toby is liable to Carlo under contract while he is subsidiarily liable to Pearl under delict if Jett is insolvent. Toby is solidarily liable to Carlo and Pearl under quasi-delict because Jett acted beyond the scope of his duty as the jeepney driver. 18. In the case above, who is/are liable for breach of contract of carriage? Jeff and Tony Jeff only Toby only Carlo and Pearl 19. This provides that where both parties are negligent but the negligent act of one is appreciable late in point of time than that of the other, the one who had the last clear opportunity to avoid the impending harm but failed to do so, is chargeable with the consequence. Doctrine of a good father of the family Doctrine of last clear glance Doctrine of last clear chance Doctrine of last clear change 20. Culpa Aquiliana as opposed to culpa contractual Is based on contract not on law. Is based on delict not on contract. There is a necessity to prove negligence to warrant recovery. There is no need to prove negligence in order to recover any amount of damage. 21. The diligence required to a common carrier is? Diligence of a good father of the good family. Diligence of a good father of the family. Ordinary diligence. Extraordinary diligence of a very cautious person. 22. The elements necessary or requisites to establish a quasi-delict case are the following except:

Damages to the plaintiff; Negligence by act of omission, of the defendant or by some person for whose acts the defendant must respond, was guilty and The connection of cause and effect between such negligence and the damages.

There is a pre-existing contractual relationship between the plaintiff and the defendant. 23. The Teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices when? They remain in their custody. They are not in custody. Either in their custody or not. None of the above 24. The defendant shall be liable for all damages which are the natural and probable consequences of the act of omission complained of. In crimes. In quasi-delict Both crimes and quasi-delict Neither crime nor quasi-delict 25. The following are examples of obligations arising from law, except:

Obligation of a citizen to pay taxes under the National Internal Revenue Code (NIRC). Obligation of husband and wife to support each other as well as their children under the Family Code. Obligation of the employer to pay services rendered by the employees under the Labor Code. Obligations to deliver goods sold to the buyer while the latter has obligation to pay for the said goods. 26. Who is responsible for the damage which the animal caused, although the latter may escape or be lost? The owner of the animal The possessor of the animal Whoever may make use of the animal Both B and C 27. The following are requisites of negotiorum gestio except Officious manager voluntarily assumes the management of the agency of business. Property must be neglected or abandoned. There is authorization from the owner either express or implied. Assumption of management must be done in good faith. 28. The requisites of solutio indebiti are

Payment is made when there is no binding relation between payor and person who received payment. Payment is made through mistake and not through liberality. Both A and B. None of the above 29. As a rule, the officious manager is not liable for any loss or damages in case of fortuitous event, except when he: Prefers the interest of the owner

Return the property or business after demand by the owner. Undertakes risky operations which the owner was not accustomed to embark upon Is manifestly fit to carry on the management, especially when he assumed to save the property from imminent danger. 30. Solutio indebiti as oppose to Accion in Rem Verso: Mistake is not an essential element to solutio indebiti but necessary in accion in rem verso Mistake is an essential element to solutio indebiti but not necessary in accion in rem verso Mistake is an essential element to solutio indebiti and in accion in rem verso Mistake is not an essential element to solutio indebiti and in accion in rem verso 31. The liability of two or more officious manager is Always joint obligation. Solidary if the management was assumed to save the thing or business from imminent danger. Joint if the management was assumed to save the thing or business from imminent danger. As a rule, solidary obligation unless the management was assumed to save the thing or business from imminent danger. 32. The following are the cases when officious manager is liable for fortuitous event, except: If he preferred his own the interest to that of the owner If he fails to return the property or business after demand by the owner. If he undertakes risky operations which the owner was not accustomed to embark upon If he assumed the management in good faith. 33. Except when the management was assumed to save property or business, from imminent danger, the officious manager shall be liable for fortuitous events in the following cases: If he is manifestly unfit to carry on the management. If by his intervention he prevented a more competent person from taking up the management. Both A and B. Neither A nor B. 34. The ratification of the management by the owner of the business in negotiorum gestio produces the following effect, except:

Results to an express agency, even if the business may not have been successful. Results to an express agency, even if the business has been successful. The owner shall be liable for obligations incurred in his interest. The owner shall reimburse the officious manager for the necessary and useful expenses and for the damages which the latter may have suffered in the performance of his duties. 35. The contract entered into by the officious manager has the following effect:

He is personally liable for contracts which entered into with third persons, even though he acted in the name of the owner. There shall be no right of action between the owner and third persons. Both A and B. Neither A nor B. 36. The management of a business by the officious manager is extinguished when When the owner repudiates it or puts an end thereto; When the officious manager withdraws from the management. By the death, civil interdiction, insanity or insolvency of the owner or the officious manager. All of the above 37. Whoever finds a movable, which is not treasure, must return it to its previous possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the city or municipality where the finding has taken place. Art. 721 Art. 719 Art. 720 Art. 718 38. It is the juridical necessity to give, to do or not to do. Obligation Sales Contract Partnership 39. The following are elements of obligation, except: Active Subject Vinculum juris Passive subject Presentation 40. Obligation may arise from any of the following except: Law Contract Delict Efficient cause 41. This is a voluntary management of an abandoned property or business in good faith without the authority and consent of the owner. Law Vinculum juris Negotiorum Gestio Solutio indebiti 42. This is an obligation which is not enforceable in court or which the creditor has no right of action against the debtor because the obligation has already prescribed. Civil obligation Natural obligation

Obligation ex delicto Culpa aquiliana 43. What is the effect when the debtor voluntarily pays the creditor of his obligation after prescription? The payment is not valid because of prescription hence the debtor may recover. The payment is not valid because of prescription but the debtor may not recover. The payment is valid even after prescription but the creditor may not retain the payment. The payment is valid even after prescription and the creditor may retain the payment. 44. What is the effect when the debtor pays the creditor of his obligation by mistake after prescription? The debtor may recover under the concept of solutio indebiti. The debtor may not recover because it is a case of natural obligation. The creditor may not retain the payment because of prescription. The creditor may retain the payment because it was paid by mistake. 45. It refers to lawful, unilateral, voluntary acts giving rise to juridical relation to the end that no one shall be unjustly enriched at the expense of another. Law Contract Quasi-delict Quasi-contract 46. Statement 1: Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith as provided by Article 1159 of the New Civil Code. Statement 2: Obligations derived from law are presumed and those expressly determined in the Civil code or special laws are demandable. True, True False, False True, False False, True 47. Joseph and Ibrahim jointly and voluntarily managed the abandoned property of George located in Sampaloc, Manila without the consent of the latter. However, due to negligence of Joseph the property was destroyed. What is the nature of the obligation of Joseph and Ibrahim? Joint but only Joseph is liable Solidary but only Joseph is liable Both are liable jointly Both are solidarily liable 48. Cheeky, the payee of a check for P10,000 cashes it with VDO drawee bank. However, Junjun, the bank teller mistakenly gave him P11,000. What is the obligation of Cheeky? There is no obligation to return because it was given mistakenly by the bank. There is solutio indebiti, hence, there is an obligation to return half of the excess amount.

There is no obligation to return because Cheeky will not be unjustly enriched at the expense of the bank. There is an obligation to return the full excess amount because of solutio indebiti. 49. Under Article 100 of the Revised Penal Code, which of the following is true? Every person criminally liable is exempt from civil liability. Every person criminally liable is always civilly liable. As a rule, every person criminally liable is also civilly liable. Act or omission punishable by law is a crime. 50. What is the source of the obligation when a person who is constrained to pay the taxes of another is entitled to reimbursement from the latter? Law Contract Quasi-contract Quasi-delict 51. These are acts or omissions that cause damage to another, there being fault or negligence but without any pre-existing contractual relation between the parties. Law Contract Quasi-contract Quasi-delict 52. What governs this statement, Husband supports the wife and wife supports her husband? Law Contract Quasi-contract Quasi-delict 53. Jett was driving the jeepney of Toby at a speed of 150km per hour in España Boulevard without headlight at exactly 8:00 in the evening when he crashed into a barrier and accidentally bumped and killed a pedestrian named Pearl. Carlo, a passenger, was also injured due to said accident. What is/are the obligation/s of Jett? None, because it was a plain accident. Jett is liable to both Pearl and Carlo under delict. Jett is liable to Carlo under contract while he is liable to Pearl under delict. Jett is liable to Carlo under quasi-delict while he is liable to Pearl under delict. 54. In the case above, what is/are the civil liability of Toby, the employer? None, because it was a plain accident. Toby is liable to both Pearl and Carlo under delict. Toby is liable to Carlo under contract while he is subsidiarily liable to Pearl under delict if Jett is insolvent. Toby is solidarily liable to Carlo and Pearl under quasi-delict because Jett acted beyond the scope of his duty as the jeepney driver. 55. In the case above, who is/are liable for breach of contract of carriage? Jeff and Tony

Jeff only Toby only Carlo and Pearl 56. This provides that where both parties are negligent but the negligent act of one is appreciable late in point of time than that of the other, the one who had the last clear opportunity to avoid the impending harm but failed to do so, is chargeable with the consequence. Doctrine of a good father of the family Doctrine of last clear glance Doctrine of last clear chance Doctrine of last clear change 57. Culpa Aquiliana as opposed to culpa contractual Is based on contract not on law. Is based on delict not on contract. There is a necessity to prove negligence to warrant recovery. There is no need to prove negligence in order to recover any amount of damage. 58. The diligence required to a common carrier is? Diligence of a good father of the good family. Diligence of a good father of the family. Ordinary diligence. Extraordinary diligence of a very cautious person. 59. Statement 1: A vehicle owner is not liable for accident involving a driver who is not performing his work at the time of the accident. Statement 2: The owner of the vehicle, who maintains it for the general use of his family is liable for it negligent operation by one of his children, whom he designates or permits to run it. True, True True, False False, True False, False 60. The elements necessary or requisites to establish a quasi-delict case are the following except:

Damages to the plaintiff; Negligence by act of omission, of the defendant or by some person for whose acts the defendant must respond, w...