RFBT 1st Monthly Assessment

Download as pdf or txt
Download as pdf or txt
You are on page 1of 9

LAW ON OBLIGATIONS

QUIZ 1

1. The obligation to give support arises from


A. Law
B. Contracts
C. Quasi-contracts

w
D. Acts or omissions punished by law

ie
2. The demand by the creditor shall not be necessary in order that delay may exist
A. When the obligation or the law expressly so declare
B. When time was a controlling motive in the constitution of the obligation

ev
C. When demand would be useless
D. All of the above

3. These types of obligations do not give rise to a right of action enforceable in court.
A. Civil obligation
B. Moral obligation
C. Natural obligation
R
D. None of the above
PA

4. The person who is bound to the fulfillment of the obligation


A. Passive subject
B. Actie subject
C

C. Object
D. Juridical tie
EO

5. Law, Contracts, Quasi-Contracts, Delict and Quasi-Delict form what element of the
obligation?
A. Obligee
B. Obligor
C. Prestation
R

D. Legal tie

6. The obligation to reimburse somebody who advanced the funeral expenses of a deceased
to which the one liable to reimburse is liable for support is an example of an obligation
arising from:
A. Law
B. Contract
C. Quasi-Contract
D. Delict
7. In negotiorum gestio, which of the following is incorrect?.
A. The officious manager is required to continue the management of the abandoned
business until termination of the affairs or substitution by the owner
B. The tacit authority of the owner of the business is required to validly constitute
negotiorum gestio
C. The owner of the business shall be liable to compensate the officious manager
D. The contracts entered into by the officious manager relative to the business are
binding upon the owner

w
8. This is the juridical relation which is created when something is received when there is

ie
no right to demand it and it was unduly delivered through mistake
A. Negotiorum gestio
B. Solutio indebiti

ev
C. Genus nunquam perit
D. Damnum absque injuria

R
9. Mr. A and his whole family went to Boracay for a short vacation. Unfortunately, a strong
typhoon hit Manila and it destroyed the cages of Mr. A’s dogs. Luckily, his neighbor Mr. B
saw what happened and immediately repaired the cages of the animals. The materials and
labor amounted to P5,000. Is Mr. B entitled to reimbursement?
PA
A. Yes, only if he was able to get the consent of Mr. A beforehand.
B. Yes, even if there was no consent from the owner of the dogs.
C. No, because there was no consent on the part of the owner of the dogs.
D. No, because Mr. B is considered to be a trespasser.
C

10. It is an act or omission by a person which causes damage to another in his person,
property, or rights giving rise to an obligation to pay for the damage done, there being
fault or negligence.
EO

A. Law
B. Contract
C. Delicts
D. Quasi – Delicts
R

E. Quasi – Contracts

11. What is the required quantum of evidence or proof necessary for criminal liability to
attach?
A. Preponderance of evidence
B. Substantial evidence
C. Prima facie evidence
D. Proof beyond reasonable doubt
12. X, a minor, through negligence, inflicted damage upon another child. X’s father was made
liable by court to pay civil damages to the other child. The liability of X’s father arises
from:
A. Contract
B. Quasi-contract
C. Delict
D. Quasi-delict

13. On May 31, 2022, D promised to give C P10,000 after the latter passes the LECPA. C

w
passed the LECPA and took oath as a CPA on October 31, 2022. In this case, the
prescriptive period to enforce the obligation will:

ie
A. Be reckoned from May 31, 2022
B. Be reckoned from October 31, 2022
C. Be reckoned from when C makes a demand

ev
D. Not begin to run since the condition was fulfilled

14. On June 30, 2021, D promised to give C a car on December 31, 2021. However, before
R
the arrival of the period, the car deteriorated without D’s fault. In this case,
A. C will suffer the impairment on the car
B. C will suffer the impairment of the car but may demand from D reimbursement for
necessary repairs
PA
C. D will be obliged to bring the car back to the intended condition
D. D will no longer be obliged to deliver the car

15. This kind of term is one that is agreed upon by the parties:
C

A. Legal term
B. Voluntary term
C. Term ex die
D. Term in diem
EO

16. What is the diligence required for contracts of carriage involvings common carriers and
banks?
A. Diligence of a good father of a family
B. Ordinary diligence
R

C. Extra-ordinary diligence
D. Diligence of a good mother of a family

17. On May 1, 2022, S sold a specific dog to B for P50,000. Based on their agreement, the
specific dog should be delivered to B on May 31, 2022. On June 5, 2022 the specific dog
gave birth to six puppies. Who is entitled to the three puppies?
A. S
B. B
C. Both, equally
D. Neither

18. Which among the following is an example of a natural fruit?


A. Shrubs on land
B. Interests on loans
C. Building on land
D. All of the choices

w
19. This is the delay on the part of the debtor to fulfill his obligation
A. Mora solvendi

ie
B. More accipiendi
C. Compensatio morae
D. Mora dela torre

ev
20. This right exists in reciprocal obligations when one party is ready to perform his part of
the obligation and the other is not:
A. Resolution
B. Annulment
C. Declaration of Nullity
R
D. Prescription
PA

21. A contractual stipulation prohibiting a person from running in the national elections may
be declared void on the ground that it is:
A. Contrary to law
C

B. Contrary to morals
C. Contrary to public policy
D. All of the choices
EO

22. It is one of the remedies available to a creditor, after having pursued the property in
possession of debtor, exercise all the rights and bring all the actions of the debtor except
those inherent in or personal to the person of the latter.
A. Exact fulfillment
R

B. Attachment
C. Accion subrogatoria
D. Accion pauliana

23. D is indebted to C for P100,000 payable on December 31, 2022. On May 30, 2022, C
went to D’s house and found that he is packing all his clothes and the house was already
empty. It would show that D was already preparing to migrate to another country, never
to return. Can C make a valid demand for payment on May 30, 2022?
A. No, because an attempt on itself to abscond does not remove the debtor’s right to
make use of the period
B. No, because the debt is not yet due
C. Yes, because D is about to abscond
D. Yes, because there’re no longer any properties which C can attach should he sue

24. This is a remedy of a creditor to impugn the acts which the debtor may have done to
defraud him.
A. Accion subrogatoria

w
B. Accion pauliana
C. Accion quanti minoris

ie
D. Accion redhibitoria

25. In a facultative obligation, the loss of the _________ object _______ substitution

ev
extinguishes the obligation:
A. Principal; after
B. Principal; before
C. Substitute; before
D. None of the choices is correct R
26. A, B and C are indebted to X and Y for P120,000. How much can X collect from A?
PA
A. P120,000
B. P60,000
C. P40,000
D. P20,000
C

27. Which of the following statements is true?


A. A contract cannot contain an obligation not to do
B. Obligations arising from contract are unilateral
C. A contract would always require two people in order to be perfected
EO

D. None of the choices is true

28. Which of the following is a correct order of the stages in the life of a contract?
A. Preparation, Termination, Birth
R

B. Perfection, Generacion, Death


C. Conception, Consummation, Perfection
D. Negotiation, Birth, Consummation

29. Mr. X sent an offer to Mr. Y on December, 31, 2021. Mr. Y sent his letter of acceptance
of the same on January 15, 2022. On January 20, 2022, Mr. X found another interested
party and offered the same object to him, and sent the corresponding letter to Mr. Y,
withdrawing his earlier offer. The letter of acceptance by Mr. Y was received by Mr. X
on January 22, 2022; while the letter withdrawing the offer was received by Mr. Y on
January 31, 2022. When was the contract perfected?
A. January 20, 2022
B. January 22, 2022
C. January 31, 2022
D. None of the choices

30. What is the status of the contract with absolute simulation, or when one or both the
parties did not intend to be bound by the contract?

w
A. Valid as to the true intention
B. Voidable

ie
C. Rescissible
D. Void

ev
31. All of the following vices of consent affect voluntariness in giving consent, except:
A. Violence
B. Intimidation
C. Fraud
D. Undue Influence R
PA
32. In this type of contract, the cause or consideration of one contract party is the promise
or prestation of the other:
A. Onerous
B. Gratuitous
C. Remuneratory
C

D. None of the choices

33. S sold his land to B for P400k, at the time the fair market value thereof was P1M. What
EO

is the status of the contract?


A. Valid
B. Rescissible
C. Voidable
D. Unenforceable
R

34. For a real contract, the essential elements would be:


A. Consent, Object and Cause
B. Consent, Object, Cause and Form
C. Consent, Object, Cause and Delivery
D. Consent, Object, Cause, Form and Delivery

35. The following must be in writing in order to be enforceable, except:


A. A contract of guaranty
B. A contract for a piece of work not to be performed within a year
C. A contract of lease with a monthly rental exceeding P500
D. A contract of sale of real property worth P499

36. Under this fundamental characteristic of a contract, the parties are free to agree to
stipulations, terms and conditions so long as they are not contrary to law, morals,
public policy, good customs or public order.
A. Obligatory Force of Contracts

w
B. Mutuality
C. Relativity

ie
D. Autonomy

ev
37. Those who put up labor upon or furnish materials for a piece of work undertaken by
the contractor have an action against the owner upto the amount owing from the latter
to the contractor at the time the claim is made. This action is referred to as:
A. Accion Pauliana
B. Accion Directa
C. Accion Reinvindicatoria
D. Accion Publiciana
R
PA
38. “Do that you may do”
A. Do ut facias
B. Do ut des
C. Facio ut des
C

D. Facio ut facias

39. Mr. S sold a specific lot belonging to his ward, W, for P600,000, which the court
EO

allowed and confirmed. It turns out that the said lot had a fair market value of
P1,000,000. What is the status of the contract of sale?
A. Valid
B. Rescissible
C. Unenforceable
R

D. Void

40. Mr. D is indebted to Mr. C for P1,000,000. In fraud of C, D sold his specific lot to Mr.
X for P1,200,000 in January of 2022, where Mr. X caused the registration of the sale
on March of 2022. When the debt became due in March of 2023, Mr. C demanded the
payment of the same, but Mr. D cannot pay and that he had no assets left. Mr. C
discovered the fraudulent sale made to Mr. X on May of 2023. Until when can Mr. C
file an action to rescind the fraudulent contract entered into by Mr. D with Mr. X?
A. January 2026
B. March 2026
C. March 2027
D. May 2027

41. Contracts entered into under a state of drunkenness is considered:


A. Valid
B. Rescissible
C. Voidable
D. Void

w
42. A contract entered into by a minor and a deaf-mute is:

ie
A. Valid
B. Rescissible

ev
C. Voidable
D. Unenforceable

43. S orally sold a specific land to B for P10,000,000. B paid P100,000 as downpayment,
R
and the balance is payable within 30 days. On the 15th day, S found X who was willing
to buy the same land for P12,000,000. S then told B that he is withdrawing his offer.
B demanded the performance of S’s obligation to transfer ownership thereto. S then
PA
interposed the defense that the contract is unenforceable since it was not in writing.
In this case, which of the following is correct?
A. S is correct, since the sale of land is covered by Statute of Frauds and must be in
writing to be considered enforceable
B. S can validly withdraw the offer since there was no separate consideration for the
C

same
C. B may validly sue for specific performance since there was already part
performance of a perfected contract
D. B should sue for damages since the 30 day period was not complied with by S.
EO

44. Rescission is an available remedy to any of the following who may have suffered lesion
by more one fourth of the value of his property, except:
A. Ward as to a sale made by his guardian
R

B. Absentee as to a sale made by his representative


C. Principal as to a sale made by his agent
D. Co-owner as to his share in the partition

45. A contract where the cause or consideration is past service already rendered:
A. Onerous
B. Gratuitous
C. Remuneratory
D. All of the choices
46. Which of the following is not a void contract?
A. Sale of a constellation
B. Sale of illegal drugs
C. Sale of internal organs
D. All of the choices are void contracts

47. Payment made by a third party who has an interest in the fulfillment of an obligation,

w
will:
A. Entitle him to full reimbursement of whatever amount he has paid
B. Entitle him to reimbursement to the extent the debtor was benefited

ie
C. Entitle him to no reimbursement
D. Make the payment as a donation

ev
48. This kind of cession of payment extinguishes all the obligations of the debtor:
A. Conventional
B. Voluntary
C. Judicial
D. All of the choices
R
PA
49. The following are implied condonations, except:
A. Delivery of the promissory note to the debtor for the voluntary destruction
B. Cancellation of the evidence of credit by the creditor with intent to renounce the
right
C. If the thing pledged, after delivery to the creditor-pledgee, is found in the
C

possession of the debtor, or a third person who owns the thing


D. None of the choices is an exception
EO

50. A mode of extinguishing an obligation to the concurrent amount by which the parties
are reciprocally the debtors and creditors of each other.
A. Novation
B. Confusion/Merger
C. Compensation
R

D. Condonation

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy