Quiz Contracts
Quiz Contracts
Quiz Contracts
a. Voidable; Rescissible
b. Rescissible; voidable
c. No. 1 is rescissible; while No.2 is unenforceable
d. Both are rescissible
25. On October 4, CY, A is indebted to B for P50,000 for a 20-day period. A proposed to B that X will pay
A’s debt and that A will be free from all liabilities. B and X agree to the proposal. On October 25, CY,
X became insolvent. At the time of delegation, X was already insolvent but this was not known to A.
The insolvency is not public knowledge. So B sues A on the ground that it was A who made then
proposal that A guaranteed X’s solvency. Decide.
a. A is liable because he is presumed to have guaranteed X’s solvency.
b. A is not liable because he does not know the insolvency of X at the time of delegation and
neither was the insolvency of public knowledge.
c. A is liable because he did not exercise due diligence in determining the insolvency of X.
d. A is liable because X agree to the proposal to make himself solidarity liable for the
obligation.
26. When the thing deteriorates pending the fulfillment of the suspensive condition without the fault of
the debtor, the impairment is:
a. To borne by the party who caused the deterioration
b. To be borne partly by the debtor and partly by the creditor
c. To be borne by the debtor
d. To be borne by creditor
27. X enters into a contract with Y whereby X sold his land orally to Y. The land has been delivered and
the money has been paid. Decide.
a. The contract fully enforceable.
b. The contract is unenforeceable
c. The contract is not valid because the contract is not made in public instrument
d. The contract is not valid because it is not in writing as required by the Statute of Fraud
28. On September 1, CY, A entered into a contract with B whereby A sells to B 5,000 sacks of sugar to
be delivered on the 15th and to be paid in full on the 30th. There was no agreement for rescission
based on prepayment. A did not deliver on the 15th but on the 30th, he was willing and offering to
deliver but B did not make payment on said date and so A did not like it and refused to make
delivery. Which is incorrect?
a. A cannot rescind the contract for nonpayment of the price
b. A cannot refuse to deliver the goods
c. B is not entitled to recover damages
d. A can rescind the contract for nonpayment of the price since B is at fault
29. One is incorrect about elements of contracts:
a. Absence of an essential element voids the contracts
b. Absence of natural or accidental elements may result to rescission and damages
c. In policitation, there is meeting of meetings but contract is incomplete hence needs
reformation
d. In stipulation, pour autrui consent or acceptance of the third person involves is
mandatory
31. Statement 1: The death, civil interdiction, insanity or insolvency of either offeror or offeree
before acceptance is conveyed makes the offer ineffective
Statement 2: The cause of a contract is the psychological or personal reason whereas
motive is the objective or juridical
a. True; true
b. False; false
c. True; false
d. False; true
32. The following contracts must appear in a public instrument except:
a. Donation of immovable property
b. Agency to sell land
c. Partnership where immovable property or real rights are contributed
d. When limited partnership is formed
33. 1st statement : Rescission of contracts and rescission or resolution of reciprocal obligation
are the same
2nd statement: Prescription does not affect unauthorized contracts.
GOD BLESS…………………