Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
1. These persons are bound by contracts: 7. When there is concurrence of offer and
a. Contracting parties acceptance, there is:
b. Assigns or Assign a. Payment
c. Heirs b. Revocation
d. All of them c. Consent
d. None of the above
2. Who is liable for the loss of the subject matter by
fortuitous event? 8. Essential requisites of a contract:
a. Creditor a. Consent
b. Debtor b. Cause
c. Both creditor and debtor c. Subject
d. None of them d. All of them
3. Contract that is made for a valuable 9. A contract where both parties are incapable of
consideration is: giving consent is:
a. Onerous a. Void
b. Gratuitous b. Voidable
c. Onerous and gratuitous c. Unenforceable
d. None of the them d. rescissible
4. A intimidated B to marry A’s daughter. After a 10. the stage of “conception” of a contract is:
year, B would like to file action for annulment but a. When the contract is fully executed.
could not do so because A was around to intimidate b. When the parties come to an agreement.
him. The marriage contract is: c. When negotiations are in progress.
a. Resicissible d. When there is a meeting of the parties’ minds.
b. Voidable
c. Void 11. In order that fraud may make a contract
d. unenforceable voidable,
a. It may be incidental but should have been
5. The following, except one, are the characteristics employed by both parties.
of void or inexistent contract. Which is the b. It should be serious and the parties must be in
exception? pari delicto.
a. The defense of illegality of the contract is c. It should be serious and should not have
available to third persons whose interests are been employed by both contracting parties.
not directly affected. d. It may be incidental but both parties should not
b. They are not subject to ratification. be in pari delicto.
c. The right to raise defense of illegality cannot be
waived. 12. Simulation of Contract – Absolute or relative.
d. The action or defense for declaration of their Relative when:
nullity or inexistence of the contract does not a. Parties are not bound at all.
prescribe. b. The contract is void.
c. The parties conceal their true agreement.
6. Example 1: G, guardian of W, sold W’s house d. None of the above.
valued at P50,000 for P37,500 or a lesion by one-
fourth of the value 13. Mr. Esguerra, a former government employee,
Example 2: S sold his house valued at P50,000 for suffered from severe paranoia and was confined in
only P10,000 because S did not know the true the mental hospital in 2001. After his release, he
value of the house. was placed under the guardianship of his wife to
a. Both contracts are rescissible. enable him to get his retirement pay. In 2004 he
b. Only no. 1 is rescissible. became a mining prospector and sold the mining
c. No. 2 is voidable because there is an error or claims. In 2007, he sued to annul the sale claiming
mistake. that he was mentally incapacitated at the time of
d. Both contracts are valid and enforceable. sale. The sale in question was:
a. Illegal
MCQs for Law on Contracts
25. Which of the following contract is rescissible? 30. A appoints B to sell his land.
a. Those where one of the parties is incapable of Example No. 1: If the authority of B is oral and B
giving consent to a contract. sells the land in writing, the sale is valid.
b. Those where both parties are incapable of giving Example No. 2: If the authority of B is in writing and
consent to a contract. B sells the land orally, the sale is valid. Which of
c. Those which are entered into by guardians the following is correct?
whenever the wards whom they represent a. First example is false but second example is
suffer a lesion of more than ¼ of the value of true.
the object of the contract. b. Both examples are true.
d. Those which are absolutely simulated or c. Both examples are false.
fictitious. d. First example is true but second example is
26. Rescission of contract can take place in this false.
case:
a. When the things which are the object of the 31. Three of the following contracts are void.
contract are legally in the possession of third Which is the exception?
persons who acted in good faith. a Sale of animal suffering from contagious disease.
b. When he who demands rescission can return b. Contract where the cause is immoral.
whatever he may be obliged to restore. c. Relatively simulated contract.
c. When the party seeking resolution can perform d. Will pay you P10,000 “if I like”.
only as to part and rescind as to remainder.
d. When the seller cannot return the installments 32. D forced C to lend him P10,000. The
paid to him by the buyer. promissory note is in writing.
a. The contract is rescissible because the contract
27. L entered into a contract of lease with X. T, the is fraudulent.
clerk of L, typed the document. Due to T’s b. The contract is void.
negligence, the document made was that of sales c. C cannot demand payment from D because the
instead of lease. contract is unenforceable.
a. The remedy is annulment. d. Contract remains to be valid.
b. Parties may go to court for interpretation.
c. Parties may enforce their right because it is 33. The stipulation in a contract to the effect that
enforceable. the debtor should remain as a servant in the house
d. None of the above. and in the service of her creditor so long as she
had not paid her debt is void because it is:
28. S owns an oil painting. Being in need of a. Contrary to good custom.
money, S sold the painting to B for P1,000. After b. Contrary to public policy.
the sale, S discovered that the painting was c. Contrary to law and morality.
valuable and worth P5,000. d. None of the above.
a. S may rescind the contract on ground of lesion or
inadequacy of cause. 34. X, after the death of his father, sold his
b. S may annul the contract on ground of fraud. inheritance though its amount has not yet been
c. S may annul the contract on ground of error. determined to B, for a consideration of P50,000.
d. B is entitled to the benefit of the contract a. The contract is valid only if the inheritance values
because it is valid and binding. at least equal or more than P50,000.
b. The contract is rescissible.
29. G was appointed guardian of S, the latter being c. The contract is valid even though nothing
16 years old. S sold his parcel of land in writing to remains of her inheritance to be turned over to
B valued at P100,000 for P75,000, suffering lesion B.
by ¼ of the value. What is the status of the d. Contract is void, future inheritance cannot be the
contract? object of sale.
a. Rescissible
b. Unenforceable
MCQs for Law on Contracts
35. One of the stipulations contained in the contract promise was not writing, it is unenforceable under
between M Company and its employees is that the the Statue of Frauds. Decide.
company shall pay a bonus to employees of the a. The promise is unenforceable because it is not in
company who shall continue its employment for at writing.
least 2 consecutive years, unless he quits or is b. The Statue of Frauds is applied because X has
discharged before the expiration of the period of 2 rendered services already.
years. X, an employee of the company, was c. The Statue of Frauds is inapplicable here,
discharged without just cause one week before the because the promise to give the land is not a
completion of the two-year period. sale of real property.
a. X is not entitled to the bonus because his d. The Statue of Frauds can apply to partially
discharge was in accordance with the contract. executed contract.
b. X is not entitled to the bonus, because the
employer’s right to terminate is superior than the 40. An incidental element of a contract:
right of the employee to be employed. a. Implied warranty in sale.
c. X is entitled to the bonus whether the discharge b. Payment of interest in a loan.
is with or without cause. c. Delivery of the object in contract of pledge.
d. X is entitled to the bonus because the debtor d. All of the above.
company has voluntarily prevented the
happening of the condition. 41. Statue of Frauds is applicable to:
a. Partially executed contract.
36. Which of the following is not a requisite for the b. Oral contract of loan when the amount involved
validity of a contract? is less than P500.
a. Consent. c. Contract not to be performed within a year
b. Object. from making thereof.
c. Cause or consideration. d. All of the above.
d. Delivery of the thing.
e. None of the above. 42. By provision of law, which of the following
contracts is not required to appear in a public
37. Before acceptance is conveyed, an offer document?
becomes ineffective upon: a. Acts and contracts which have for their object the
a. Death. creation, transmission, modification or
b. Civil interdiction. extinguishment of real rights over immovable
c. Insanity. property.
d. Insolvency of either party. b. The cession, repudiation or renunciation of
e. All of the above. hereditary rights.
c. The power to administer property.
38. Example 1: S sold to B in a private instrument d. Sale of immovable property.
his land. Later, B wanted to have the sale e. None of the above.
registered, but registration requires a public
instrument. In here, B may compel S to execute the 43. Which of the following instruments is not
needed public instrument. subject to reformation?
Example 2: S sold to B orally his specific land. After a. Simple donations inter vivos wherein no
B paid S the price of the sale, he wanted to register condition is imposed.
the land in his name but he needed a public b. Wills.
instrument of sale. In here, B may compel S to c. When the real agreement is void.
execute the needed public instrument. d. All of the above.
a. Both examples are false.
b. Only No.1 is true. 44. Which is the most defective contract?
c. Only No.2 is true. a. Rescissible contract.
d. Both examples are true. b. Voidable contract.
c. Unenforceable contract.
39. X alleged that Y promised to give X one hectare d. Void contract.
of land. This is in consideration of X’s meritorious
service to Y. Y pleads in defense that since the
MCQs for Law on Contracts
45. Which of the following may not be made the a. B can compel S to deliver because B is willing to
object of a contract? pay the price.
a. All things which are not outside the commerce of b. The contract falls under the Statue of Frauds,
men. therefore unenforceable.
b. All rights which are transmissible. c. No Statue of Frauds because the price is less
c. All services which are not contrary to law. than P500.
d. Impossible things or services. d. The object is movable, oral contract is
e. None of the above. enforceable.
46. An obligation which cannot be enforced by 51. A sold his land to B. Although the sale was
court action, but which is binding on the party who made orally, B still paid A the agreed price. Later, B
makes it in conscience and according to natural wanted to have the sale registered but he needed a
justice is called: public instrument. What can B do?
a. Civil obligation. a. B may compel A to execute the public
b. Natural obligation. instrument because the contract is valid.
c. Pure obligation. b. B cannot compel A to return the price because
d. Simple obligation. the contract is not enforceable.
c. B may only sue A to return the price because no
47. D is indebted to C in the sum of P10,000. For one may enrich himself at the expense of another.
the purposes of avoiding the claims of C, D d. B may occupy and use A’s land as a buyer in
donated all his properties worth the same amount good faith.
to X. Assuming C has no other means
a. The contract is absolutely simulated. 52. Contract which has no effect at all and cannot
b. The contract is rescissible. be ratified is a/an:
c. The contract is merely voidable. a. Unenforceable contract.
d. The contract is void. b. Void contract.
c. Voidable.
48. In three of the following, the transaction is void. d. All of them.
Which is the exception?
a. Oral contract of partnership the capital is 53. If mistake, fraud, inequitable conduct, or
P3,000 or more. accident has prevented a meeting of the minds of
b. Contracts in writing contemplating impossible the parties to contract, the proper remedy is:
services. a. Sue for specific performance of the contract.
c. Authority of the agent orally made in sale of b. Ratify the contract.
immovable property. c. Annulment of the contract.
d. Oral contract of partnership whenever d. Reformation of the contract.
immovable property is contributed.
54. S, a minor, owns a specific property valued at
49. This kind of defective contract refers to that P50,000. B, capacitated, by means of fraud
contract which is validly agreed upon because all induced S to sell his property to him (B) for
the essential elements exist, but courts can nullify it P100,000 which S did so. The contract is in writing.
when there is damage or prejudice to one of the a. The contract is binding from the start.
parties or to a third person. Its enforcement would b. The contract remains unenforceable because if
cause injustice by reason of some external facts. falls under the Statue of Frauds.
a. Voidable contract. c. The contract is rescissible because the ward
b. Void or Inexistent Contract. suffered lesion by more than one-fourth of the
c. Rescissible Contract. value.
d. Unenforceable Contract. d. The contract is void.
50. S and B orally agreed that S would sell and B 55. In order that a stipulation in favor of a third
would buy S’s radio for P400, two years from the person in a contract would be valid and binding
date of the agreement. At the end of the two-year upon parties thereto, three of the requisites are
period, S refused to deliver the radio although B mentioned in the following enumeration. Which
was willing to pay. among them is not requisite?
MCQs for Law on Contracts
executed a deed of sale and let D sign his name. 69. A contract where both parties are incapable of
D’s right to go to court and ask for annulment. giving consent is:
Example no. 2: D obliged himself to give object no. a. Rescissible.
1 or object no. 2 to C. In here, both objects are b. Voidable.
due. c. Unenforceable.
a. Both are true. d. Void.
b. Both are false. e. None of the above.
c. No. 1 is true; No. 2 is false.
d. No. 1 is false; No. 2 is true. 70. Three of the following contracts are void. Which
is the exception?
65. Consent is manifested by the meeting of the a. Those whose cause, object or purpose is
offer and the acceptance upon the thing and the contrary to law, morals, good customs, public order
cause which are to constitute the contract. Which or public policy.
of the following constitutes a definite offer? b. Those which are absolutely simulated or
a. An offer made through an agent. fictitious.
b. Business advertisement of things for sale. c. Those which cause or object did not exist at the
c. Advertisement for bidders. time of the transaction.
d. All of the above. d. Those where both parties are incapable of
giving consent to a contract.
66. On July 15, 2012, X entered into a contract with
Y. On February 10, 2013, X discovered that fraud 71. Which of the following contracts is void?
was committed at the time he entered into the a. Those which object is outside the commerce of
contract, a fraud that vitiated his consent. The men.
action for annulment shall be brought: b. Those which contemplate an impossible service.
a. Within three years from the time of the fraud. c. Those where the intention of the parties relative
b. Within four years from February 10, 2013. to the principal object of the contract cannot be
c. Within four years from he time A entered into the ascertained.
contract. d. Those expressly prohibited or declared void by
d. On February 10, 2013. law.
e. All of the above.
67. S was forced by X to sign a contract with B for
the sale of a specific property for P10,000. C, a 72. S makes an offer to B on January 1, 2012. B
creditor of S, is prejudiced by the contract. What makes known his acceptance through a letter sent
can S do? on January 2, and received by S on January 10.
a. S may ask for annulment of the contract. Meantime, on January 5, S becomes insane.
b. S may ask for rescission of the contract. a. The contract is voidable because one party is
c. S may ask C to declare the contract avoided. insane.
d. S may ask for reformation of the contract. b. There is already a meeting of minds, the contract
is perfected.
68. Example no. 1: The husband, by intimidation, c. The contract is not binding because there is
was able to obtain the consent of his wife, with no meeting of minds.
regard to the sale of a piece of land belonging to d. None of the above.
the wife for P1 million. The contract is voidable 73. In the preceding number, if S is perfectly sane
because there was intimidation. but only an unemancipated minor at the time the
Example No. 2: In the above example, the right of acceptance is communicated to him then,
the wife is to go to court and file a motion for a. There is no meeting of minds between the
annulment within four(4) years from the time parties, unless ratified by the guardian of S.
intimidation ceased. b. The contract is not binding because one party is
a. Both are true. incapacitated.
b. Both are false. c. The contract is binding between the parties.
c. No. 1 is true; No. 2 is false. d. None of the above.
d. No. 1 is false; No.2 is true.
MCQs for Law on Contracts