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c. Moral obligation
d. Civil obligation
a. Civil obligations
b.Contractual obligations
14. Similarly, these are examples of aa. Real obligation
b. Personal positive obligation
c. Natural obligations
d. Moral Obligations
c. Negative personal obligation
d. All of them
15. Boggy owes Wano Php. 10,000.00. After several promises to pay, the debtor has yet to make good
such promise to pay. Later, he offered to pay Php. 4,000.00 only. Out of frustration, Wano accepted the payment. Is the
indebtedness extinguished?
a. No, because there is still a balance.
b. No, because of solution indebiti.
c. Yes, because the creditor accepted such incomplete payment without protest.
d. Yes, because of condonation.
16. The general principle that the contracting parties may established such stipulations, clauses, terms
conditions as they may deem convenient in the premises.
a. Principle of mutuality
c. Autonomy of contracts
b. Principle of relativity
d. None of the above
and
or term.
18. The clothing shop undertook to tailor a special graduation gown for Melo in time for his valedictory address on the 15 th
May 2009. Since there were occasional brownouts, the shop failed to finish the gown on this date. Will the debtor be liable
for delay?
a. No, because there is yet no demand for delivery
b. No, due to fortuitous event (manpower shortage)
c. Yes, because of their stipulation
d. Yes, because time is controlling motive for establishment of the contract
19. In a contract of sale, the buyer must pay the purchase price in order to extinguish his obligation. Insofar as the seller is
concerned, his obligation may be extinguished my means of
a. Payment
c. Performance
b. Delivery
d. All of the above
20. An obligation arising from the meeting of minds of parties.
a. Natural Obligation
c. Contractual Obligation
b. Civil Obligation
d. Quasi-contract
21. Dodee will sell his condominium unit to Jawo for Php. 5 Miliion on June 16 th 2009. It is earning rental payments in the
meantime. If, however, Dee delivered the property on September 2009, when will Jay be entitled to the fruits of the unit, if
any?
a. From the time that they agreed upon
b. From the time the obligation to deliver has come (or the rentals beginning June 15 th)
c. From the time of delivery (in September 2009)
d. None of the above
22. What kind of right was acquired by Jawo on the 15th June?
a. Real right
c. Both of them
b. Personal right
d. Legal right
23. As regards the right of Jawo acquired at the time of delivery, it is considered a
a. Real right
c. Both of them
b. Personal right
d. Legal right
24. In an obligation (with suspensive condition) and the thing obliged to be given is improved by its
time, the improvement shall belong to
a. Creditor
c. Both of them
b. Debtor
d. It depends on their agreement
nature, or by the
25. Donnie bought 50 bottles of imported wines for Php. 100,000.00 that was to be delivered on the 31 st
Since the seller failed to deliver on tome, he is therefore liable for damages due to his
a. Delay or default
c. Contravention of the terms of the obligation
b. Negligence
d. None of the above
December 2008.
40. This creates the obligation to return the things which were the object of the contract, together with their fruits, and the
price with its interest, provided that he who demands it can return whatever he may be obliged to restore.
a. Rescission
c. Fulfillment
b. Annulment
d. Payment
41. These vitiate consent
a. State of drunkenness
c. Mistake, fraud, violence, intimidation
b. Consent given during a hypnotic spell d. All of them
e. Only c is correct
42. An absolutely simulated or fictitious contract is
a. Void
c. Both of them
b. Inexistent
d. None of the above
43. When one of the contracting parties dies, his property or assets will immediately go to the
a. Heirs
c. Assigns
b. Estate
d. Creditors
44. In order that it may make a contract voidable, it should be seriousthat is in reference to
a. Fraud
c. Both of them
b. Mistake
d. Only b is correct
45. When through insidious words or machinations of one of the contracting parties, the other is induced to enter into a
contract which without them he would not have agreed to. This is
a. Violence
c. Undue influence
b. Intimidation
d. Fraud
46. Beth and Buddyboth minorsagreed to buy and sell gold watch of the former. The contract of sale is
a. Voidable because of minority
c. Unenforceable
b. Void because of lack of consent
d. Rescissible
47. It becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is sent
and conveyed to the other.
a. Acceptance
c. Consent
b. Offer
d. None of the above
48. As a general rule, one of the enumeration is not a requisite for the existence of a valid contract
a. Consent of the contracting parties
b. Object certain which is the subject matter of the contract
c. Cause of the obligation which is established
d. Delivery
49. Under their contract of employment, Angela was being paid a daily wage well above the Minimum Wage Law because
of the current economic crisis; the employer decided to reduce her pay but still complied with the law. Can the employee
complain against the employer?
a. No, because of fortuitous event (financial losses)
b. No, because anyway the law was not violated
c. Yes, unless the losses are clearly proven
d. Yes, because the minimum wage law was violated
50. SUPPOSING that in the foregoing problem, the employee, under their written contract of employment agreed to receive
less pay that that allowed by law because of lack of work, can he still complain lateron?
a. No, it is better to have work and no work at all
b. No, because the contract is the law between them
c. Yes, because of solution indebit (wrong payment)
d. Yes, because the minimum wage law was violated