Obligation and Contracts MCQ (11-20) 11. Delay in the giving or delivering of a thing a. Mora solvendi ex re b.

Mora solvendi ex persona c. Mora accipiende ex re d. Mora accipiende ex persona ANSWER: A 12. Which of the following statements is false? a. Obligations to give definite things and those that are not susceptible of partial performance shall be deemed divisible. b. Execution of a certain number of days of work shall be divisible. c. Accomplishment of work by metrical units are divisible d. An obligation to pay a certain amount in ten annual installments is divisible. ANSWER: A 13. This contract is without effect unless ratified: a. Marriage between first degree cousins b. Contract of sale between two insane persons c. Contract of sale between husband and wife d. Donation between husband and wife ANSWER: B 14. Which of the following contracts is not void ab initio? a. Those whose object is outside the commerce of men b. That whose object did not exist at the time of transaction c. That which contemplates an impossible service d. That which is undertaken in fraud of creditors ANSWER: D 15. Rescission of contract can take place in this case a. When the thing which is the object of the contract is legally in the possession of a third person who acted in bad faith b. When he who demands rescission can return whatever he may be obliged to restore c. When the party seeking resolution can perform only as to part and as to remainder d. When the seller cannot return the installments paid to him by the buyer ANSWER: B 16. A defective contract where damage or lesion is essential a. Rescissible b. Voidable c. Unenforceable d. Void ANSWER: A

17. An instrument may be reformed d a. Simple donations inter vivos wherein no condition is imposed b. Wills c. When the instrument does not express the true intention of the parties due to mistake d. When the real agreement is void ANSWER: C 18. Three of the following contracts are void. Which one is not? a. Oral contract of partnership of three partners and capital contribution is more than P3,000 in cash b. Written contract contemplating impossible services c. Oral contract of partnership where real estate is contributed as capital d. Agent's authority to sell land is given orally. ANSWER: A 19. When a third person assumes the payment of the obligation even without the knowledge and consent of the debtor but with the consent of the creditor a. There is novation b. There is delegation if debtor is released c. There is subrogation d. There is expromission if debtor is released ANSWER: D 20. Which of the following is not an element of legal compensation? a. Debts to be compensated are due and demandable b. There is controversy or adverse claim over any debts to be compensated c. There are two or more debts of the same kind d. There are two or more persons who are creditor or debtors of each other. ANSWER: B

Obligations & Contracts MCQ (1-10) 1. When the debtor binds himself to pay when his means permit him to do so, the obligation is: a. Conditional b. Pure c. Simple d. With a Period ANSWER: D 2. Contracts which cannot be sued upon unless ratified, thus it is as if they have no effect yet are: a. Voidable b. Rescissible c. Void d. Unenforceable

ANSWER: D 3. If the obligation of the debtor is "I will pay you my debt after I have arrived from abroad," this is a. Unenforceable b. With a Period c. Void d. Conditional ANSWER: D 4. When the characters of the creditor and the debtor are merged in one and the same person, there is extinguishment of the obligation by: a. Compensation b. Merger of Rights c. Novation d. Remission ANSWER: B 5. Through insidious words or machinations, A was able to induce B to enter into a contract which without them B would not have agreed to it. There is: a. Undue Influence b. Fraud c. Mistake d. Misrepresentation ANSWER: B 6. "A sells to B his lot and house in the city if A decides to transfer and live in the countryside" is an example of: a. Mixed Condition b. Potestative Condition c. Casual Condition d. Resolutory Condition ANSWER: B 7. It is a mode of extinguishing an obligation when two persons in their own right are creditors of each other. a. Confusion b. Reformation c. Compensation d. Novation ANSWER: C 8. A contract is in the stage of conception when: a. There is meeting of the minds. b. Negotiations are in progress. c. The parties come to an agreement.

d. The contract is perfected. ANSWER: B 9. If the obligor binds himself to perform his obligation as soon as "he shall have obtained a loan" from a certain bank, this obligation is: a. With a Term b. Conditional c. Suspensive d. Resolutory ANSWER: B 10. Contracts entered into in a state of drunkenness or during a hypnotic spell are: a. Void b. Valid c. Voidable d. Legal ANSWER: C