notes on the book of Jurado on Obligation and Contracts.
OBLIGATIONS AND CONTRACTS
a.
Creditor refuses the performance without just cause.
b.
The debtor is guilty of non-performance.
c.
Time is the controlling motive
d.
If the obligation bears interest
Multiple Choice Questions in Obligations and Contracts
1.
2.
3.
It is the juridical relation resulting from lawful, voluntary, and unilateral acts by virtue of which the parties become bound to each other to the end that no one shall be unjustly enriched or benefited at the expense of another.
5.
a.
Agreement
a.
In civil obligations
b.
Vinculum juris
b.
In positive obligation
c.
Contracts
c.
In obligation arising from crime
d.
Quasi-Contracts
d.
In natural obligation
This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake.
6.
In Accion subrogatoria the creditor may exercise all of the rights and bring all of the actions which the debtor may have against third persons if:
a.
Solutio Indebiti
a.
If the account is personal
b.
Negotiorum Gestio
b.
The debtor's acts are fraudulent
c.
Vinculum juris
c.
d.
Prestation
The debtor has performed an act subsequent to the contract, giving advantage to other persons
d.
Creditor must have the right of return against debtor
This happened when the creditor make a demand and the obligor fails to deliver the thing. 7.
4.
In what instance may we consider that there is no delay?
a.
Negligence
b.
Mora solvendi
c.
Mora accipiendi
d.
Compensatio morae
In Accion Pauliana Rescission, which involves the right of the creditor to attack or impugn by means of rescissory action any act of the debtor which is in fraud and to the prejudice of his rights as creditor provided:
a.
The debt is due and demandable
b.
There is a failure of the debtor to collect his own debt from 3rd persons either through malice or negligence
c.
The debtor's assets are insufficient
Demand is not necessary to incur delay when:
d.
8.
9.
The debtor has performed an act subsequent to the contract, giving advantage to other persons
It causes the extinguishment or loss of rights already acquired upon the fulfillment of the condition, that is, the happening of the event which constitutes the condition. In other words, the fulfillment of which will extinguish an obligation (or right) already existing.
a.
Condition subsequent
b.
Suspensive
c.
facultative condition
d.
positive condition
When the thing deteriorates with the debtor’s fault, the creditor may choose one of the following:
a.
Mutual restitution
b.
Rescission (cancellation) of the obligation with indemnity for damages
c.
Suffer the deterioration of the thing
d.
Institute an action for negligence.
10. It is a future and certain event upon the arrival of which the obligation (or right) subject to it either arises or is terminated.
a.
Fortuitous events
b.
Condition
c.
Period
d.
Date and time
11. Anna Marie owes Reah P5,000 payable in one year, at 10% interest per annum. On maturity, Anna Marie pays
Reah P5,000 which Reah acknowledged having received without mentioning the payment of interest. Which best describes what happened to the interest?
a.
There is a rebuttable presumption that Interest has been paid.
b.
Interest has already been paid.
c.
Interest will soon follow after payment of the principal
d.
None of the above.
12. A period designated in the obligation is presumed established for the benefit of:
a.
both the debtor and the creditor
b.
benefit of the creditor only
c.
benefit of the debtor only
d.
none of the above.
13. An obligation the fulfillment of which is not subject to a condition but immediately demandable:
a.
Conditional obligation
b.
obligation with a period
c.
Pure obligation
d.
None of the above
14. Which DOES NOT correctly complete the sentence? An obligation is a juridical necessity
a.
to give
b.
to do
c.
not to give
d.
not to do
d.
None of the statements is correct.
15. The obligation where only one party is bound is called
a.
unilateral
b.
Bilateral
c.
Real
d.
Personal
19. "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. b. c. d.
16. During the pendency of the suspensive condition in an obligation to give, if the thing deteriorates through the fault of the debtor
a.
the obligation shall be extinguished
b.
the debtor shall be obliged to pay damages
c.
the impairment shall be borne by the creditor
d.
the creditor may choose between rescission and fulfillment, with indemnity in either case
17. Which of the following is NOT a source of obligation?
a.
Law
b.
Contracts
c.
Quasi-Contracts
d.
None of the above
18. Statement I – A person alternatively bound by different prestations shall completely perform one of them.
20. 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. b. c. d.
21. Which of the following statements is false? a. An obligation to pay a certain amount in ten annual installments is divisible. b. Execution of a certain number of days of work shall be divisible c. Obligations to give definite things and those that are not susceptible of partial performance shall be deemed divisible. d. Accomplishment of work by metrical units are divisible
22. Three of the following contracts are void. Which one is not? a.
Statement II – The creditor can be compelled to receive part of one and part of the other undertaking.
b. c.
Which of the following is correct? a.
Only Statement I is correct
b.
Only Statement II is correct.
c.
Both statements are correct.
There is delegation if debtor is released There is subrogation There is Novation There is expromission if debtor is released
d.
Oral contract of partnership where real estate is contributed as capital Agent's authority to sell land is given orally. Oral contract of partnership of three partners and capital contribution is more than P3,000 in cash Written contract contemplating impossible services
23. It is a mode of extinguishing an obligation when two persons in their own right are creditors of each other.
a. b. c. d.
Confusion Compensation Reformation Novation
24. Which of the following is not an element of legal compensation? a. b. c. d.
There is controversy or adverse claim over any debts to be compensated There are two or more debts of the same kind Debts to be compensated are due and demandable There are two or more persons who are creditor or debtors of each other.
25. Contracts which cannot be sued upon unless ratified, thus it is as if they have no effect yet are a. Voidable b. Unenforceable c. Rescissible d. Void
26. When the debtor binds himself to pay when his means permit him to do so, the obligation is: a. Pure b. Conditional c. Simple d. With a period
27. 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. Resolutory b. Conditional c. With a term d. Suspensive
28. A contract is in the stage of conception when: a. The parties come to an agreement. b. There is meeting of the minds. c. Negotiations are in progress. d. The contract is perfected. e. 29. A defective contract where damage or lesion is essential a. Void b. Rescissible
c. Uneforceable d. Voidable 30. This contract is without effect unless ratified: a. b. c. d.
Donation between husband and wife Contract of sale between two insane persons Marriage between first degree cousins Contract of sale between husband and wife
31. Rescission of contract can take place in this case a. When the seller cannot return the installments paid to him by the buyer b. When the party seeking resolution can perform only as to part and as to remainder c. When the thing which is the object of the contract is legally in the possession of a third person who acted in bad faith d. When he who demands rescission can return whatever he may be obliged to restore
32. 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. Mistake c. Fraud d. Misrepresentation 33. An instrument may be reformed a. When the real agreement is void b. Simple donations inter vivos wherein no condition is imposed c. Wills d. When the instrument does not express the true intention of the parties due to mistake
34. If the obligation of the debtor is "I will pay you my debt after I have arrived from abroad," this is a. Conditional b. Void c. With a period d. Unenforceable
35. 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. Remission
c. d.
Novation Merger Of Rights
36. Which of the following contracts is not void ab initio? a. That which contemplates an impossible service b. That which is undertaken in fraud of creditors c. Those whose object is outside the commerce of men d. That whose object did not exist at the time of transaction
37. Contracts entered into in a state of drunkenness or during a hypnotic spell are: a. Valid b. Legal c. Voidable d. Void 38. Delay in the giving or delivering of a thing a. Mora accipiende ex re b. Mora accipiende ex persona c. Mora solvendi ex persona d. Mora solvendi ex re
